Understanding Probate Administration in Tennessee: A Guide from Freeman & Bracey, PLC

Russell Freeman | Jul 15 2026 16:00

At Freeman & Bracey, PLC, we assist individuals and families throughout Middle Tennessee with the complexities of probate and estate administration. Whether you are navigating the loss of a loved one or planning ahead to protect your own estate, understanding the probate process is essential. This guide explains how probate works, the difference between testate and intestate succession, and when an affidavit of heirship may be appropriate.

What Is Probate Administration?

Probate is the legal process through which a deceased person’s assets are identified, managed, and distributed. In Tennessee, probate ensures that debts are properly handled and that remaining property is transferred to the appropriate beneficiaries. Our attorneys provide comprehensive Freeman & Bracey PLC probate services, offering guidance at every stage of the estate administration process.

Testate vs. Intestate Succession

A key part of estate administration is determining whether the deceased left a valid will.

  • Testate succession: When someone dies with a valid will, their wishes guide how property is distributed. The court typically appoints the personal representative named in the will.
  • Intestate succession: When someone dies without a will, Tennessee law determines who inherits their property. This process prioritizes spouses, children, and other close relatives based on specific statutory rules.

Understanding testate vs intestate succession is critical for families as it affects the time, cost, and complexity of probate.

Probate vs. Affidavit of Heirship

In some cases, full probate is not required. An affidavit of heirship may be an option for transferring certain real property when an estate is small, uncontested, and does not require court supervision.

Probate vs affidavit of heirship often comes down to the nature of the assets involved and the family’s circumstances:

  • Probate is usually necessary when the estate includes multiple assets, disputes among heirs, or the need for formal debt resolution.
  • Affidavit of heirship may be used for straightforward real estate transfers when all heirs agree and no creditors assert claims.

Our Goodlettsville estate lawyers can help determine whether probate or an affidavit of heirship is appropriate for your situation.

How Freeman & Bracey, PLC Can Help

With decades of estate law experience, we provide practical and compassionate support for families managing probate, estate planning, conservatorships, and related matters. From handling filings in the local probate courts to advising on Tennessee succession laws, we ensure clients have the clarity and confidence they need during difficult times.

To learn more about probate and estate administration in Goodlettsville, Nashville, and surrounding counties of TN, or to schedule a consultation, contact Freeman & Bracey, PLC at (615) 859-1328 or visit us online at freemanbraceylaw.com.