When someone dies, their property doesn’t just automatically transfer to their loved ones, in most cases, it has to go through probate first. If you’ve been named an executor, you’re a beneficiary waiting on an inheritance, or you’re just trying to understand what happens after a loved one passes, this guide breaks down what probate actually is, how it works in Tennessee, and what to expect along the way.
This guide is part of our bigger guide to estate planning law in Tennessee, so if you want the wider picture of how probate fits alongside wills and trusts, that’s a good place to start.
Dealing with probate? Call us at (931)245-5060 and we’ll help you understand exactly what comes next.
Probate is the court-supervised process of settling someone’s estate after they die. It covers validating the will (if there is one), officially appointing someone to manage the estate, notifying creditors, paying off debts and taxes, and eventually distributing what’s left to the beneficiaries or legal heirs. Not every asset has to go through probate, but for anything that’s solely in the deceased person’s name without a built-in way to transfer automatically, probate is usually the path that gets it there.
Tennessee’s probate rules are found primarily in Title 30 of the Tennessee Code Annotated, sometimes referred to informally as the Tennessee Probate Code. Here’s what that body of law actually addresses.
Title 30 spells out how an estate gets opened with the court, generally by filing a petition in the county where the deceased person lived, along with the original will if one exists.
An executor if there’s a will that names one, or an administrator if there isn’t. This person receives official documentation (Letters Testamentary or Letters of Administration) proving their legal authority to act.
Tennessee law requires the personal representative to notify creditors of the death, both through direct notice and published notice.
The law requires a full inventory of the estate’s assets, sometimes supported by professional appraisals.
Before anyone receives a distribution, the estate generally has to pay off valid debts, administration costs, and any taxes owed, in a specific order of priority.
The law governs how the remaining assets get distributed, typically according to the will’s instructions or Tennessee’s intestate succession rules.
Two related bodies of law tie directly into this process: Title 31 sets out intestate succession, the rules for who inherits when there’s no will, and Title 32 governs how wills themselves get created and what makes them valid. Probate is really the procedural engine that carries out whichever of those two sets of substantive rules actually applies to a given estate.
If the deceased party left a will, here’s generally what happens during probate, under the requirements set out in Title 32
The original will gets filed with the probate court, typically in the county where the deceased person lived.
The court reviews the will to confirm it’s valid, checking that it was properly signed and witnessed under Tennessee law.
A self-proving affidavit, if the will has one, speeds this up, since it avoids the need to track down and question the original witnesses.
Once validated, the court “admits” the will to probate, formally recognizing it as the legally controlling document for the estate.
The executor named in the will is formally appointed, receiving “Letters of Testamentary,” the official document proving their legal authority.
If the named executor can’t or won’t serve, the court appoints someone else, often an alternate named in the will.
If someone dies without a valid will, called dying “intestate,” probate still happens, it just runs a little differently.
The court appoints an administrator instead of an executor, usually a close family member who petitions the court for the role, receiving “Letters of Administration.”
Distribution follows Tennessee’s intestate succession laws under Title 31, rather than any personal instructions, since there aren’t any.
The overall process still includes the same basic steps such as notifying creditors, inventorying assets, paying debts, and distributing what’s left.
Family members may need to agree on who serves as administrator, since there’s no built-in answer to who’s in charge.
Serving as an executor comes with real legal responsibilities, not just paperwork.
File the will and open the estate with the probate court.
Obtain Letters Testamentary, the official proof of their authority.
Identify and notify beneficiaries and legal heirs of the probate proceeding.
Notify creditors, usually through publication and direct notice, giving them a window to file claims.
Inventory and value estate assets, sometimes with the help of professional appraisers.
Manage and protect estate property during the probate process.
Pay valid debts and taxes out of estate funds before any distributions are made.
Keep accurate financial records and provide an accounting to the court and beneficiaries.
Distribute remaining assets to beneficiaries according to the will (or intestate law).
Formally close the estate once everything’s been handled.
An executor also has a fiduciary duty, meaning they’re legally required to act in the estate’s and beneficiaries’ best interests, not their own. Depending on the will’s terms, an executor may be entitled to reasonable compensation for their work, and courts can sometimes require an executor to post a bond, unless the will specifically waives that requirement.
Treat all beneficiaries fairly and transparently, since an executor’s fiduciary duty applies equally to every beneficiary.
Communicate proactively, since regularly updating beneficiaries tends to prevent a lot of suspicion and conflict.
Handle specific bequests before the residuary estate, since specific gifts generally get distributed first.
Decide how to handle illiquid or shared assets, such as a house or business split between multiple beneficiaries.
Use mediation if disagreements come up, since many disputes can be resolved without a contested hearing.
Be prepared for the possibility of a will contest, which can significantly extend the probate timeline.
Keep meticulous records, protecting the executor from claims of mismanagement.
Generally, any asset that was solely owned by the deceased person, without a built-in way to transfer automatically, needs to be included in the probate estate. This typically includes:
Real estate titled solely in the deceased person’s name, without a surviving joint owner.
Bank and investment accounts held solely in their name, without a payable-on-death or transfer-on-death designation.
Vehicles titled solely in the deceased person’s name.
Personal property and household belongings, furniture, jewelry, collections, and similar items.
Business interests owned solely by the deceased person.
Life insurance or retirement accounts with no named beneficiary, or where the named beneficiary has already passed away.
The executor or administrator is generally responsible for identifying and inventorying all of these assets as part of the probate process.
Property held in a properly funded trust, since the trust, not the deceased person individually, technically owns the asset.
Accounts and policies with a named, living beneficiary, like life insurance policies and retirement accounts.
Payable-on-death (POD) or transfer-on-death (TOD) accounts, which pass directly to the named living beneficiary.
Property owned jointly with rights of survivorship, or as tenancy by the entirety between spouses.
Small estates that qualify for Tennessee’s simplified small estate procedure.
Because avoiding probate for at least some assets is often a major goal of estate planning, it’s worth reviewing how your accounts are titled and whether your beneficiary designations are up to date, well before probate ever becomes relevant.
Tennessee law generally allows a will to be offered for probate for up to ten years after the person’s death, though that’s an outer limit, not a target. In practice, you should file it far sooner than that. Waiting creates real, practical problems along the way: creditor claims get harder to sort out, tax filings get delayed, and beneficiaries are left waiting longer than necessary for their inheritance. Because deadlines and procedures can vary and are worth getting exactly right, it’s best to confirm the current requirements with the probate court in the relevant county, which you can find through an attorney. As a practical matter, starting the process within the first few months after death is the norm, not the exception.
Here’s roughly what the probate process looks like from start to finish.
This happens in the probate court of the county where the deceased person lived, formally opening the estate.
This person receives Letters Testamentary or Letters of Administration, giving them legal authority to act for the estate.
This usually includes both direct notice to known parties and published notice to alert any creditors the executor might not know about.
This can involve appraisals for real estate, businesses, or other assets that aren’t easily valued.
Valid claims get paid from estate funds, following whatever priority order Tennessee law requires.
This can include final personal income tax returns and, for larger estates, estate tax filings.
This might include will contests, disagreements among beneficiaries, or disputes over specific assets.
This documents everything that came in and went out of the estate during administration.
Beneficiaries or heirs receive what they’re entitled to under the will, or under intestate succession law.
Once everything’s been distributed and accounted for, the court formally closes the case.
Probate often comes up alongside wills and trusts.
Probate can feel overwhelming, especially while you’re also grieving a loss. At Dahl Family Law, we bring:
Clear, step-by-step guidance for executors who’ve never handled probate before.
Experience managing probate cases with multiple beneficiaries and competing interests.
A steady hand for contested probate matters, including will contests and creditor disputes.
Honest advice about which assets actually need to go through probate, and which don’t.
For at least some assets, yes. Property held in a properly funded trust, accounts with named beneficiaries, and jointly owned property with survivorship rights all generally pass outside of probate. Whether an entire estate can avoid probate depends on how thoroughly it was planned in advance.
Not necessarily. Very small estates may qualify for Tennessee's simplified small estate process, and estates made up entirely of non-probate assets (like trust property or accounts with named beneficiaries) may not need formal probate at all.
Yes, this is actually very common. It's normal for someone to name a spouse, adult child, or other close family member as both a beneficiary and the executor of their estate.
The probate court appoints someone else to serve as administrator, often prioritizing close family members, but ultimately based on who the court determines is suitable for the role.
Whether you’re an executor trying to figure out your responsibilities, or a beneficiary wondering when you’ll receive your inheritance, having the right guidance makes a difficult process much more manageable.
Dahl Family Law provides representation in a wide range of family law matters, including:
This guide is intended for general informational purposes only and does not constitute legal advice. Probate matters are fact-specific, and outcomes depend on the details of your situation. Please consult with a licensed Tennessee attorney regarding your specific circumstances.
