Q: In a valid 'Last Will & Testament' w/ a 'real property' that has a direct beneficiary listed, can this by-pass Probate ?
In a valid 'Last Will and Testament' there is two real properties listed to be be inherited each by name as a direct
beneficiaries to each respective property, does this still have to go thru Probate Court since the valid will clearly list each 'real property' with a named direct beneficiary, the two real properties were solely owned with a clear and free deed by the decedent w/ no living spouse.
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A:
The only answers that can be given to your questions are "maybe" and "sort of". There is no avoiding probate court when the decedent had a will that devised real property. The only question is which kind of probate. It might be a very simple court process or it might be a full blown probate, of which there are variations called common form and solemn form. To provide a complete answer would involve knowing whether there are any OTHER assets that require probate (which is often the case for a Tennessee decedent) and whether or not the estate is solvent without the real estate. And it also depends on the exact wording of the will.
If this is a decedent that has already passed and you are a beneficiary of the will or named executor, you should hire a probate attorney to help you.
If this is you trying to figure out the best way to plan your estate you should hire an estate planning attorney. If probate avoidance is your main goal, you might find that a trust-based plan will work better.
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A: You could hire an attorney to search the titles and determine heirship. Probate is a difficult and lengthy process. The properties may not justify the expense and trouble.
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