Probate Attorney in Gallatin, TN
In Tennessee, probate is a legal process where a decedent’s will is validated and their assets are distributed to heirs as laid out in their will. Probate can be time-consuming and complicated. This is especially the case if there is no will, and juggling these issues while also grieving can add significant stress for loved ones. If you’re in Gallatin, a probate lawyer at Phillips | Ralston can help you navigate complex estate and probate concerns.
Since 1977, Phillips | Ralston has been providing high-quality legal services to the community of Gallatin and Sumner County. Our skilled legal team is well-versed in Tennessee probate laws, and our experienced attorneys assist individuals and families in dealing with the challenges of probate cases. Our top priority is to make sure each client is treated with compassion, integrity, and respect.
Probate in Tennessee
In general, estates have to go through probate, the process where the Sumner County Courts supervise the distribution of assets. Bank accounts, real estate, and personal property such as clothing, jewelry, and household items often have to go through probate if they are only in the name of the decedent.
However, not every asset has to go through probate, and a strong estate plan can minimize the probate process. Some types of assets that may not have to go through probate include:
- Bank accounts with a payable on death or death on transfer order stating the name of the beneficiary
- Jointly owned real estate with right of survivorship
- Any property that is included in a revocable or living trust
- Retirement accounts or life insurance policies with named beneficiaries
According to a recent study, 62% of people aged 29-44 do not have a will or trust, and more than a third do not know whether or not their parents have any estate plan. Sumner County Courts saw 586 probate court filings.
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How a Gallatin Probate Attorney Can Help
Nobody wants to deal with probate, but it serves an important function in making sure that a person’s wishes are being honored and handled in a way that is fair and legal. When someone has already created an estate plan in Gallatin, that plan establishes how they want their assets distributed, as well as naming an executor of the estate to carry out the tasks and duties of probate. A trusted attorney who has experience with Tennessee probate laws can help the executor with various duties. For example, an attorney can:
- Identify and locate assets
- Open and manage an estate bank account
- Collect life insurance policy benefits to distribute
- Pay income and any other applicable taxes
- Resolve debts and final estate bills
- Retitle assets as needed
- Asset appraisal if necessary
- Distribute assets to heirs
- Prepare and file necessary probate paperwork
A lawyer who is experienced with probate cases can also serve as a buffer to minimize conflicts among heirs, decrease the chances of legal claims against the estate, and prevent the estate from being rejected by probate courts. A qualified probate attorney has a deep knowledge of the procedures of probate court and estate administration and can make sure the estate executor does not make any mistakes that could cost the estate additional time or money.
FAQs
What Is the Average Cost of Probate in TN?
There is no way to determine an average cost of probate in TN because fees can vary greatly from one case to the next. Factors that influence the cost include the number and types of documents that need to be filed, the complexity of the estate, and whether there are any disputes. The most effective way to determine these factors in your particular case is to consult with a trusted probate lawyer.
How Much Does It Cost to Hire a Probate Lawyer?
The costs to hire a probate lawyer depend on several elements, such as the size of the estate, the kinds of assets involved, possible disputes or conflicts, and what, if any, estate plans are in place. In addition, the experience, reputation, and location of the probate lawyer can impact their fee. Be sure to ask about all fees, fee structure, and payment options at your first meeting with your probate attorney so you know what to expect.
What Kind of Lawyer Do You Need for Probate Court?
For probate court, you need a probate lawyer. This is an attorney who has extensive experience and knowledge with probate cases, Tennessee probate laws, and the procedures of probate courts. Not every case requires a probate lawyer. Some smaller, straightforward estates can be resolved without issue. But in more complex cases, a probate attorney can advise and help with various aspects of the probate process, such as distributing assets, finding heirs, and more.
What Is the Difference Between an Estate Lawyer and a Probate Lawyer?
The difference between an estate lawyer and a probate lawyer is that an estate lawyer handles planning for a person’s future through documents like a will or trust, and a probate lawyer handles the process after a person dies, including settling the estate and distributing assets to heirs. Because these deal with related laws and processes, it is common for a lawyer to practice both estate law and probate law.
Your Trusted Gallatin Probate Lawyer
Whether you have recently lost a family member, received a letter from the court that you were named executor of a loved one’s estate, or believe there is a problem with an estate, you may be feeling unclear about how to proceed or worried about mistakes. A trusted Gallatin probate lawyer can answer your questions, provide clarity, and often handle some of the tasks associated with estate administration so you can focus on your family in this difficult time.
The experienced legal team at Phillips | Ralston can help you navigate the probate process and make sure your case is handled efficiently and correctly. You do not have to face the daunting probate courts alone. Reach out to our office today to discuss your concerns with a knowledgeable probate attorney and learn how our team can alleviate your burden.
