How long does the probate process take?

We get asked a lot how long the probate process takes in Tennessee. In Tennessee, we generally tell clients that the probate process takes about six to twelve months, but that can vary depending on the situation.

To be clear, probate is the legal process where a probate court oversees settling a person’s estate after they pass away. The court makes sure all debts are paid and all assets go to the right people. The probate process starts with filing the will with the court, if there is one, and appointing someone to be in charge of the estate. That person is usually called the personal representative, but may also be referred to as the executor or administrator, depending on the situation.

If the person has passed away within the past year, then after the estate is opened, there is a mandatory waiting period of at least four months in Tennessee. That’s because the estate must remain open long enough to notify creditors and allow them to file claims. This creditor claims period is required even if the estate is not aware of any creditors.

So even in the best-case scenario, you’re usually looking at a minimum of several months before an estate can be closed. Many probate cases take longer than that. If there are numerous assets, creditors to address, family disagreements, missing documents, taxes to handle, or the estate is otherwise complicated, the process can easily stretch to a year or more.

It’s also important to remember that while an estate is in probate, assets are generally frozen or limited in use for a certain period of time. That’s required by law, but it can create delays or frustrations for families who need access to funds.

So to recap, most Tennessee probate cases take six to twelve months, sometimes longer. It depends on how organized the estate is, how quickly paperwork is handled, and whether there are disputes or complications that extend the timeline. That’s one reason many families, while they’re still living and working on estate planning, look for ways to avoid probate—such as creating a living trust and/or using beneficiary designations.

That’s also something you can discuss with your attorney when planning your own estate.