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Probate & Estate Administration

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Our Goodlettsville estate planning attorneys are equipped to help you plan for the unknown for yourself or your loved ones. We have extensive experience helping generations of families in the Goodlettsville, Nashville, Hendersonville, White House, and Springfield community tackle estates, both large and small, and help get you through the probate process with ease. You can count on our estate attorneys to stay knowledgeable with the local rules of court and Tennessee law to ensure your estate, or an estate of a loved one, is properly prepared or administered.

Probate and Administration of an Estate

Under Tennessee law, when an individual dies leaving a Last Will and Testament he or she is considered to die “testate.” On the other hand, when an individual dies without a Will, they die “intestate.” When an individual passes away without a Will or without a valid Will, the Tennessee Laws of Intestate Succession apply (T.C.A § 31-2-101). Most of the time, without a valid Will, an individual related or close to the deceased person has to go to court to petition to be appointed Administrator of the Estate. Upon court approval, that individual is then granted Letters of Administration. When a deceased person dies leaving a valid Will and an Executor is named in the Will, this individual petitions the court to probate the Will. If the judge finds the Will is valid and executed in accordance with Tennessee law, he or she will be granted Letters Testamentary to start distributing the estate in accordance with the Will.

When Tennessee Laws of Intestate Succession Apply (No Valid Will):

  • Survived by a spouse and children : The surviving spouse will inherit either one-third (1/3) of the deceased spouse’s estate or a child’s share of the entire estate, whichever is greater. The children will then inherit the balance, per stirpes. For example, if the total estate is valued at $300,000 and the deceased person was survived by a spouse and one child, then the surviving spouse will inherit $150,000 and the child will inherit $150,000; or if the deceased spouse was survived by a spouse and three children, then the surviving spouse will inherit $100,000 (1/3 of the estate) and the children will split the remaining $200,000 and receive $66,666.67 each.
  • Survived by a spouse and no children: In this case, the surviving spouse will inherit the deceased spouse’s entire estate.
  • Survived by children and no spouse: In this case, the deceased person’s descendants will inherit the entire estate, per stirpes. That means “equally” but if a child predeceases you, his or her children (your grandchildren) will equally share the deceased child’s portion.

Our team of attorneys can help you navigate the probate process to ensure the estate is administered properly and in accordance with Tennessee Law. We do this efficiently and cost-effectively for you and your family. Call one of our Davidson County estate lawyers today (615) 859-1328.

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Several years ago my husband and I found ourselves in a most unexpected situation wherein the legal expertise was required. Feeling overwhelmed and exasperated, my husband and I sought consultation with Ms. Kimberley Reed-Bracey. From the initial meeting through the final ruling in our case, her...

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I have used Freeman & Bracey, PLC once for my initial parenting plan and again recently to revise my parenting plan. On the most recent occasion, I had the pleasure of working with both Mr. Russell Freeman and Mrs. Devin Freeman Park. This firm and these people are truly amazing. I was kept updated...

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My husband and I have been with Freeman & Bracey, PLC for five and a half years. They are not only our attorneys, they treat us as family. On top of being great attorneys, they are amazing, genuine people. Very professional and they work extremely hard for their clients. I would recommend them to...

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I had the opportunity to close a mortgage loan for this company. Highly professional, friendly, and prompt with all communication and compensation. I look forward to working with them again as a notary/TIPIC (maybe even as a mediator one day) and highly recommend them.

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I highly recommend Freeman & Bracey Law Firm. We had a time sensitive real estate issue come up recently and needed advice quickly to ensure we handled it correctly. Mr. Duke fit us in his schedule, researched the issue, and gave us the advice we needed the same day! I was impressed with his...

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