Lawyers, Answer Questions  & Get Points Log In
Tennessee Probate Questions & Answers
1 Answer | Asked in Estate Planning, Insurance Bad Faith, Insurance Defense and Probate for Tennessee on
Q: Can my grandpa file a claim against my deceased grandma's estate for our insurance policies?

My grandmother owned life insurance policies on my grandpa and myself. We want to cash them out because they are horrible policies. They were supposed to transfer ownership to my grandpa but never did after we filled out the paperwork. Now they are saying we need all of my grandmother's heirs to... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 1, 2020

You did not state this, but it sounds like your grandmother has passed and there are things still in her name, such as these life insurance policies. You should contact a probate attorney to help you with getting those assets retitled. The type of process that will be needed will depend on more... Read more »

2 Answers | Asked in Real Estate Law and Probate for Tennessee on
Q: How do I sell land in Tennessee that is still in my deceased father's name 15 years after his will was probated in NY?

I am looking for advice on how to sell a piece of land that is still in my deceased father’s name. My father passed away in 2005. He was a resident of NY and his will was admitted to probate in the state of NY in 2005. Letters testamentary were issued with my sister and I named as executors of... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 28, 2020

You can obtain a triple certified copy of the will from the NY probate court and file it in Tennessee as a muniment of title.

View More Answers

1 Answer | Asked in Probate for Tennessee on
Q: TN probate has 2 yr for will contest. Does this mean final probate and distribution of assets wait the 2 years?
Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

No. But closing an Estate can easily exceed two years and often does. Will Contests will affect the ongoing Probate obviously, and the Executor must defend the Will while maintaining, not dissipating, Estate Assets. This happens often and makes Probate expensive.

2 Answers | Asked in Foreclosure, Real Estate Law and Probate for Tennessee on
Q: Foreclosure auction trying to buy from daughter of deceased 5 years, but not sure if can get clear title?

I'm trying to buy a home in foreclosure from daughter(executor)from Will of a deceased 5 years prior. The deed and mortgage is still in the mothers name. They have a Will that states the daughter is executor and is authorized to sell real estate of her estate without an Order of the Probate... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 15, 2020

You are right to be scared. Do not do this without the assistance of an attorney. In addition, do not do this without the assurance of title insurance. An attorney or a title insurance company can tell you what steps will be required in order for you to obtain clear title in your particular case.

View More Answers

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: I have put my bank accounts with a POD beneficiary. And have life insurance with beneficiaries.

My total assets left are worth about $1,000 $500 for a car and $500 for clothes, furniture, etc Do I need to have my will probated in Tennessee? I may have some credit card balances, but no cash to pay

Nina Whitehurst
Nina Whitehurst answered on Mar 7, 2020

For an estate that small there is an abbreviated procedure using a small estate affidavit that gets filed with the court. The filing fee varies depending on whether the decedent had a will or not and whether bond is waived but it is usually about $105 for the filing fee and around $100 for the bond... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My cousin is selling my deceased grandparents house . My father their son is deceased as well. Do I have any right

Do I have any right to the selling of the house .

Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2020

Not sure of your question. But if the surviving grandparent died intestate, then you are probably one of the Heirs At Law. Hire a competent attorney to perform a title search, and possibly execute and record an Affidavit of Heirship. If you are an Heir, then either intercede in the proposed... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Probate: My husband died, everything was in both of our names, except a vehicle that was paid for.

If someone else wanted to file probate for the vehicle, how long would they have. All his personal belonging were left to me. We live in Tennessee. He had a will. Will was not filed.

Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2020

If the Will is not Probated, it has no effect. Apparently the vehicle was intestate property, and goes to the spouse, and issue if any. They could file for Probate several years from now, but it does not sound like there is enough property to pursue such a proceeding against a surviving spouse.... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: how long does executor have to submit will to probate in tennessee?

it has been 40 days since the person had died and i know mention in the will but the person is keeping quite and won’t show the will

Anthony M. Avery
Anthony M. Avery answered on Feb 14, 2020

There is no law requiring Probate, Testate or Intestate. It may not be practical to Probate the Estate , as it is a lengthy expensive process, and there may not be enough assets available. There are a lot of factors to consider, and in your case, are you an Heir At Law/ Next Of Kin? I... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Vacant land to be sold before other asset distribution?

My wife's father died (no spouse) in Tennessee with a will which states everything is is to be split between six siblings. Her sister is executor of the estate and the will has been probated. The four month waiting period has passed. A parcel of vacant property is included with the inheritance... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 10, 2020

More than likely yes as most Probate Judges will not order asset distribution without all claims paid. And 4 months is just the start, creditors actually have a year from death of the decedent to file claims usuually. Thus it is hard to properly close an estate earlier than 16 months or so.... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: What papers do I file when one heir is living in home rent free and won’t move out or sell? Will in probate years

Co-executors can not agree on a price to sell the home and one is living rent free for many years and wants to keep the home. There are 4 people involved two get 1/3 and two get 1/6 of the home and the rest of the estate. The will has been in probate for over two years. I want to fill a petition so... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 6, 2020

Either a co-executor or a tenant in common can file an action for a partition sale. The home may or may not be in probate. You need a competent attorney to do this. The personal property assets are probably lost at this point. But a good attorney should be able to force a sale.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Is it legal in a civil case for a judge to rule against you if you are physically unable to be at set court date?

My grandma left me part of her estate when she passed away. She Appointed one of my cousins as Trustee of her estate. I went to jail for a period of 4 months. While in there I was served with papers accusing me of damages to the house that I did not do and a court date was set. I was physically... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 5, 2020

You might file a Rule 60 Motion now within 1 year of the Judgment. You need to be very convincing of your legal disabilities at the time. But even if you are in jail, you need to file papers (including handwritten in pencil) with the Court. Default Judgments are often set aside. You should... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: In TN do you have to file a motion to sell a home in probate?

I am a co-executor of an estate and was wondering about due process. It was my understanding that a motion to sell the home was supposed to be filed with the court and the realtor was supposed to submit comps to be approved by the judge. The house has a buyer, so is this process necessary?

Anthony M. Avery
Anthony M. Avery answered on Feb 1, 2020

You need to hire a competent attorney. Real Property usually does not have anything to do with Probate, unless there is a Will Devising the disposal of such, or the Estate is Insolvent. Many title companies want Probate to ensure that no debts remain against the Estate, but it is not a legal... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mother has dementia and my sister is her POA. My father recently passed and my mother is executrix..

The will states if my mother passed things go on to be split between my sister and I does this make my sister executrix or would that be us

Anthony M. Avery
Anthony M. Avery answered on Jan 15, 2020

The sister is not the executrix here. If there is an actual Probate, then the substitute executrix takes charge, or the Court will appoint someone. If no Probate, then that Will has no effect. Your problem is that your

sister is now in control of both Parents' property due to intestate...
Read more »

1 Answer | Asked in Probate for Tennessee on
Q: How long do you have to finish probating an estate in Tennessee?
Nina Whitehurst
Nina Whitehurst answered on Jan 12, 2020

There is no deadline. Some probates (not necessarily in Tennessee) have been known to go for fifty years or more. Most probates take about 12-18 months.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mother passed away in Tenn and she was not married and I'm the only child and no will. Bank account money.
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jan 9, 2020

There is a "small estate" procedure which you may qualify for- depending on the amount of money in the Bank account. No personal property? No vehicle?

There is also a statute which allows banks to release up to $15,000 after 30 days of the date of death to the next of kin. You will need the...
Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Probate for Tennessee on
Q: I was pulled over in my deceased uncles car. They found a gun and drugs. wasn't charged for gun can they keep it

The car and the gun was in my uncles name, the drugs wasn't mine. The cops let my friend take car. I was told I could get my gun when I got out of jail. Then when I went up there they wouldn't let me have it. Im fighting the drug charges. Im not being charged with a felony. Since the gun is my... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 4, 2020

Felony charges might occur at Grand Jury. If there is a Probate, Administrator should ask Court for return of firearm. But it is probably not worth the trouble, and may again result in more charges. Hire a competent attorney, but you being in possession of drugs and firearm are themselves... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: How long after a parent dies do you have before you have to go to probate if there is no will ?

She had 3 daughters , she left a house she had not change over it is still in her name and a car in her name . And the contents of the house .

Nina Whitehurst
Nina Whitehurst answered on Dec 29, 2019

Eventually you are going to want or need to sell or refinance or insure the house and/or the car and you won't be able to do so until the titles are updated into the names of living persons. The purpose of probate is to update the titles. The deadline is more of a practical one, when you need to... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Can tenncare take a home not included in probate and put in someone elses name 7 months before death?

My aunt was in a nursing home for the past 2 years. Last March (7 months ago), she had her house put in my mothers name (her sister). My aunt passed away a couple of weeks ago. From what I understand since the house was given to my mother it will not be included in probate. But is it possible for... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 26, 2019

It may be possible that TennCare takes it. Your Aunt should have hired a competent attorney. But do not Probate anything, hire a competent attorney to conduct a title search, and your Mother needs to conduct herself as the owner.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My grandpa died without a will and even though he and my grandma are legally divorced they have been living together f

For over 25 years.... My grandma use to be on the deed to the house is she still? And is it still her house?

Bennett James Wills
Bennett James Wills answered on Dec 2, 2019

You'll have to look at the deed to determine who owns the house. If they are divorced and she's not a title holder than the house would pass to the next eligible heir by statute. Consult a local attorney to determine what options, if any, you may have.

1 Answer | Asked in Probate for Tennessee on
Q: In a TN Probate my wife and her family got a home. 5 of 7 people voted to sell it to us. Does majority vote count?

Does everyone have to agree? They told us if one person votes no, then we can’t buy it until auction.

Nina Whitehurst
Nina Whitehurst answered on Nov 28, 2019

Unless they already have a co-tenancy agreement in place that allows for majority rule, no, majority rule does not work. All must agree to sell.

It is highly unlikely that they already have a co-tenancy agreement in place. If they did, it most likely would have been prepared by an...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.