Probate Attorney in Hendersonville, TN
Losing a loved one is always a difficult event. In the aftermath, managing their estate can be overwhelming when combined with countless other personal matters to attend to. If you were left in charge of a deceased family member’s estate or have concerns about another who was, a Hendersonville probate lawyer can help with your case. They can manage legal problems while you focus on grieving.
About Phillips | Ralston
Our team at Phillips | Ralston has decades of combined experience representing the people of Hendersonville, Gallatin, and cities across Sumner County in their probate cases. Founding partner John R. Phillips, Jr., has practiced law in Tennessee since the 70’s, and is a Board Certified Civil Trial Advocacy Specialist. His legal accomplishments earned him an AV-Preeminent rating by Martindale-Hubbell, a 150-year-old peer-review institution. *
Joshua L. Phillips is a skilled negotiator and has extensive litigation experience in both federal and state courts. Your probate case in Tennessee is handled effectively and efficiently by the legal team at Phillips | Ralston.
Experience You Can Trust. Speak with a Phillips | Ralston
attorney today.
What Is Probate?
Probate is the legal process by which a deceased person’s estate is managed through court oversight. It is used for people with a will or no estate plan. A 2025 study found that 24% of respondents had a will and 59% had no estate plan whatsoever, meaning that most people’s assets go through probate.
In fiscal year 2024-2025, probate and trust cases were the most common in statewide Chancery Courts, with 14,518 filings and 13,968 dispositions. This trend continued in Sumner County, with 622 of the 1,474 Chancery filings related to probate or trust matters. Probate cases for Hendersonville residents are handled at the Sumner County Courthouse at 155 East Main Street, Gallatin, TN 37066.
How Probate Works in Hendersonville, Tennessee
Probate in Tennessee centers around three parties. These include the decedent, the person who has died, the executor, the person appointed to manage the estate, and beneficiaries, those who receive assets from the estate.
Probate begins when the executor petitions the court for official appointment, which includes the death certificate and original will. Once appointed, the executor must notify all beneficiaries and interested parties. Along with direct notices, the executor is required to publish public notices in the county where the decedent lived for two consecutive weeks.
After notifications are sent, the executor creates a complete inventory and value of all assets in the estate. This can include bank accounts, vehicles, real estate, jewelry, investments, and all outstanding debts. Following court approval, distribution can begin. The first payments are for court fees and taxes, and then to creditors. Remaining assets are then distributed to beneficiaries. Probate ends at this point if the courts approve the final report and no parties pursue legal action.
Hire a Probate Lawyer
Probate can be a confusing process that requires legal and financial knowledge. Hire a probate lawyer to help you in this trying time. Your Hendersonville probate attorney can guide you through every stage. Several services that Phillips | Ralston can provide include:
- Drafting and filing paperwork. Every probate case requires extensive paperwork, with minor errors carrying the potential for significant delays. Your attorney can draft and file the initial petition and other documents.
- Evaluating estate assets. Creating a full, accurate inventory of the estate’s assets can be a lengthy and difficult undertaking. Phillips | Ralston can aid in evaluating and organizing estate property.
- Negotiating with contesting parties. Following a loved one’s death, tensions are often high, and small disagreements can escalate into legal action. Your lawyer can represent you in all discussions and negotiate with other parties for a favorable resolution.
- Representing you in court. Court appearances can be stressful, especially following the loss of someone. Legal counsel can represent you in all hearings and meetings, both in and out of the courtroom.
FAQs
What Is the Average Length of Probate in Tennessee?
Probate cases in Tennessee do not have one overall average length of time. The amount of time your probate matter takes to resolve depends on many variables, such as the size of the estate, the complexity of accounts, whether the case is contested, and the court’s backlog. A small estate with no creditors and a few beneficiaries tends to take less time than one with complicated finances and disputes that require litigation.
What Are Common Mistakes That Executors Make in Probate Cases?
Probate cases in Tennessee can be complicated legal proceedings with many common mistakes executors make. One early error is failing to properly notify heirs, creditors, and all other interested parties. This can threaten their position as estate administrators and open them up to litigation.
Another common misstep is comingling assets with personal property. Estate accounts should remain isolated, as mixing funds between them can be seen as incompetence or fraud.
Do All Estates Go Through Probate in Tennessee?
In Tennessee, some estates do not have to go through probate. One common way to circumvent the probate process is if an estate’s personal property or attached motor vehicles are worth under $50,000. Another situation in which probate may be partially or entirely avoided is if property is jointly owned. In your consultation, your attorney can explain whether all items must go through probate.
How Much Does a Probate Attorney Cost in Tennessee?
The cost of your Tennessee probate attorney varies depending on many key factors. First, is the estate’s size. Property including only a few items tends to cost less than a probate case with estates worth millions. Second, is the extent of required services. Lawyers hired to help with every stage and full inventories are typically more expensive than those consulted for a final review. Third is the billing structure, with different firms using hourly rates, flat fees, or retainer expenses.
Speak With a Hendersonville Probate Attorney Today
Our team at Phillips | Ralston knows how overwhelming it can be to manage a deceased loved one’s estate. We can use our decades of combined experience to guide you through the process.
Contact us today to speak with an experienced Hendersonville probate attorney. In this meeting, they can discuss with you the issues you face in the probate process and explore ways to resolve complications without escalating matters.
*Awards and recognition are not guarantees of future results. Selection criteria vary by organization.
