Farragut Probate Lawyer

Tennessee Probate

Probate is the process of appointing an executor and validating a will. The estate administrator will obtain the person’s assets, pay remaining debts, and make beneficiary contributions. The process requires an administrator submitting several filing, such as sending notice to beneficiaries and creditors and allowing time for responses to be received. Additionally, an executor has to abide by order of priority when paying claims and fulfilling distributions. As a Farragut probate lawyer explains, this order of priority (from highest to least), includes the following: 

1. Paying administrative fees (administrator, attorney, etc.)
2. Paying taxes or assessments owed to state or federal government
3. Paying claims submitted by creditors
4. If assets remain after that, beneficiary receive a portion of estate

What Prolongs Probate

There are many reasons why the probate process may get delayed. Firstly, there may be objections to who is appointed as the executor to administer the estate. An interested party can object to a will or appeal who has been chosen as executor. Perhaps the executor lacks capacity to administer the estate, has refused or failed to carry out the estate effectively, or has acted against the best interests of the estate or beneficiaries. An executor cannot handle an estate for personal gain or benefit. Another possible reason for probate delay is objections to creditor claims. A creditor has a year to enter their claim on the record. An interested party may file an objection to the creditor’s claims and request a hearing or trial within 30 days. But if 90 days have gone by and there is no objection, the court may approve the creditor’s claims. Then an executor is approved to pay the claim within the next 90 days. Thus, it is imperative that any objections are filed promptly as soon as notice of a creditor claim is received. 

Probate Assistance

Our team at Carpenter & Lewis PLLC knows how frustrating probate can be for families. After all, you may be going through immense grief and now have to deal with a legal proceeding of some kind. We hope that if you need support, that you reach out to our law firm right away. A Farragut probate lawyer offers comprehensive estate planning assistance and can address your concerns. Don’t hesitate to contact us for the guidance you need during such a difficult time.