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The Tennessee Probate Court Process If the deceased person left a will, probate is begun when the person named as executor in the will deposits the original, signed will in the county clerks probate office in the county where the deceased person lived.
Generally, you have to wait until you obtain a death certificate until you can open a probate estate.
Filing the Probate Petition: To begin the probate process, you must file the deceaseds will, if there is one, with the probate court in the county where they lived. In the event that there is no will, the court will decide how to distribute the estate ing to state intestacy laws.
Tennessee even offers a simplified small estate alternative for estates without real property that are valued at less than $50,000. For more complex and/or valuable estates, however, the assistance of an experienced attorney can make the process more efficient and dramatically reduces the likelihood of costly mistakes.
To provide an idea of what to expect, here are some costs taken from the Nashville probate court fees published as of early 2023: Petition to probate a will: $289.50. Petition for conservatorship or guardianship: $219.50. Small estate affidavit (with a will/without a will): $105.50/$100.50.
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