Probate in Tennessee | TN Legal Resources | FastCounsel

Tennessee: Who Pays the Mortgage and Utilities During Probate?

How mortgage payments and utilities are handled during probate in Tennessee Disclaimer: This is general information only and not legal advice. Consult a Tennessee attorney about your specific situation before making decisions. Detailed answer When a person dies in Tennessee, their estate enters a legal process called probate. During probate, a personal representative (called an […]

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Tennessee — How to Decide Which Assets to List on a Small Estate Affidavit

Detailed Answer — What belongs on a Tennessee small estate affidavit and what you can leave blank or mark zero Short answer: Only list property that is part of the decedent’s probate or collectible estate under Tennessee law — generally assets owned solely by the decedent or payable to the estate. Do not include property […]

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How to Locate a Missing Parent as Next-of-Kin During Probate in Tennessee

Finding a Missing Parent as Next-of-Kin During Probate in Tennessee Detailed answer — how to locate a missing parent and proceed with probate in Tennessee Summary: If you are the next-of-kin and a parent is missing when you need to open or administer a probate estate in Tennessee, you must both try to locate that […]

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Do I need to include assets that passed by right of survivorship to my mother on the inventory? — Tennessee

How to treat assets that passed to your mother by right of survivorship in Tennessee probate This FAQ explains whether you must list assets that passed automatically to your mother by right of survivorship on a Tennessee probate inventory. The answer depends on whether the property became part of the decedent’s probate estate. This is […]

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How to Check Whether a Tennessee Bank Account Is Under the $20,000 Small‑Estate Limit

Determining Whether a Tennessee Bank Account Falls Under the $20,000 Small‑Estate Threshold Detailed answer In Tennessee, people often use a simplified small‑estate procedure (sometimes called an affidavit for collection of personal property) when the decedent’s personal property subject to administration falls below the statutory monetary limit. To decide whether a particular bank account is “under […]

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How to Use a Small-Estate Affidavit in Tennessee to Claim a Deceased Parent’s Bank Account

Using a Small-Estate Affidavit in Tennessee: What to Know Before You Try to Collect a Deceased Parent’s Bank Account Detailed answer — how the small-estate affidavit process generally works in Tennessee A small-estate affidavit is a written, sworn statement that lets a person who is entitled to a decedent’s personal property claim certain assets (commonly […]

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Tennessee — Does Appointment as Guardian of the Person Include the Estate?

Do you automatically become guardian of the estate if appointed guardian of the person in Tennessee? Short answer: No. In Tennessee, appointment as guardian of the person does not automatically make you guardian of the estate (sometimes called a conservator or guardian of the estate). The court must make a separate finding and enter a […]

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Tennessee — When Must an Estate File a Federal Tax Return (Form 1041 and Form 706)?

Quick answer Generally, a federal fiduciary income tax return (Form 1041) is required only if the estate had gross income of $600 or more during the tax year or if any beneficiary is a nonresident alien. If the estate produced no income and had no nonresident alien beneficiaries, you typically do not need to file […]

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Transferring Brokerage Account Assets into an Estate Checking Account — Tennessee

Detailed Answer When a person dies and leaves brokerage accounts titled in their name, the accounts often cannot be accessed or transferred by family members until the estate’s personal representative (executor or administrator) proves authority to act. Under Tennessee law, the process depends on how the account is owned and whether a beneficiary or joint-owner […]

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Tennessee — Understanding Where Sale Proceeds from a Deceased Relative’s Home Go

FAQ: How to determine where the proceeds from a deceased family member’s house sale will go Quick overview: When a house owned by a deceased person is sold, who actually receives the money depends on how the property was owned, whether there is a will or trust, any mortgages or liens, and whether a court-supervised […]

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