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Wills, Trusts, and Probate

In Tennessee, preparing for the distribution of your assets after death often involves creating a will or a trust.

A will is a legal document outlining how your property and assets will be distributed upon your death. It allows you to name beneficiaries, appoint an executor to manage your estate, and even designate a guardian for minor children or even create a trust for children or family. A Will must be in writing and it involves certain requirements to be valid. The will names an executor who handles estate administration tasks like paying debts and distributing assets to heirs. When someone dies with a will, the will typically needs to be proven in probate court. Probate is the court-supervised process of distributing a deceased person's estate.

If you die without a valid will (intestate), Tennessee's intestacy laws determine how your property is distributed. Generally, the estate will be distributed to surviving spouses and/or children, and potentially other relatives if none exist. If this is not an acceptable outcome, it is crucial to make your preferences known. Also, A Will also permits you to waive certain legal requirements that may result in undue expenses. These include waiving a bond, inventory or accounting.

In Tennessee, creditors have a limited time to file claims against a deceased person's estate. Generally, the deadline is 12 months from the date of death, but it can be shorter depending on whether probate proceedings have begun. If an estate is opened, the deadline for creditors to file claims is typically four months from the date of the first notice to creditors.

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