Probate in Tennessee | TN Legal Resources | FastCounsel

Tennessee: Rights of a Surviving Spouse When a Spouse Dies Without a Will

What are my rights as a surviving spouse in Tennessee if my spouse died without a will and their family is cutting me out? Short answer: As the surviving spouse in Tennessee, you generally have statutory inheritance rights, priority to serve as the estate’s administrator, and protections (homestead, exempt property, and a family allowance). If […]

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How to Become the Estate Administrator in Tennessee When a Spouse Dies Intestate

How to Become the Estate Administrator in Tennessee When a Spouse Dies Intestate — FAQ Disclaimer: I am not a lawyer. This article explains general Tennessee probate concepts and steps. It is educational only and not legal advice. For help with a specific case, consult a Tennessee probate attorney or the probate court in the […]

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Claiming Foreclosure Surplus After a Parent’s Death in Tennessee

How to Claim Surplus Funds from a Foreclosure When a Parent Died Without Probate (Tennessee) Disclaimer This is educational information and not legal advice. Laws change and every case has unique facts. For help specific to your situation, consult a Tennessee probate or real estate attorney. Detailed Answer What are “surplus funds”? After a foreclosure […]

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Transferring an Inherited Membership Interest in a Tennessee Single‑Member LLC

FAQ — Transferring an Inherited Interest in a Tennessee Single‑Member LLC Short answer: After probate confirms who inherits the decedent’s personal property, the executor or personal representative must follow the LLC’s governing documents and Tennessee law to transfer the decedent’s membership interest. In many cases a beneficiary receives the economic rights automatically but must be […]

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Tennessee: What Secretary of State Documents Banks Need to Confirm a Deceased Family Member Was the Sole Member of an LLC

How to prove a family member was the sole member of their Tennessee LLC: What the Secretary of State can (and cannot) show Short answer: The Tennessee Secretary of State can provide certified copies of the LLC’s Articles of Organization, any filed amendments, and a Certificate of Existence (often called a Certificate of Good Standing). […]

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Requesting an Accounting of Estate Assets in Tennessee Probate Court

Detailed Answer Short answer: Yes. Under Tennessee probate practice, an interested person (for example, an heir, beneficiary, devisee, or creditor) can ask the probate court to require a personal representative or executor to provide an accounting of estate assets and transactions. The court can order periodic or final accounts, compel production of records, and impose […]

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Becoming the Administrator of a Sibling’s Intestate Estate in Tennessee

Can you be appointed administrator for a sibling who died without a will? (Tennessee) Short answer: Yes — if your sibling died intestate (without a will) and no one with a higher priority (for example a surviving spouse or children) seeks appointment, you can petition the probate court where your sibling lived to be appointed […]

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Tennessee — Can an Estranged Spouse Inherit if the Divorce Was Not Final?

What happens if a divorce wasn’t finalized — can an estranged spouse still claim under an estate? Short answer: Yes. If the couple was still legally married when one spouse died, the surviving (estranged) spouse remains the legal spouse. That spouse keeps the legal rights a surviving spouse has under Tennessee probate and intestacy law […]

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Tennessee — Can I Recover Funeral Expenses and Other Costs I Paid Before an Estate Is Settled?

Can You Get Reimbursed for Funeral Costs You Paid Before an Estate Is Settled? Short answer: Often yes — but how and when you get paid depends on Tennessee probate law, whether a personal representative (executor/administrator) is appointed, the estate’s assets, and whether you properly present your claim. This article explains the usual process and […]

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What steps do I need to take to re-record or update a joint survivorship deed after co-owners died (TN)

Detailed Answer — How to re-record or update a joint survivorship deed after co-owners died (Tennessee) When joint owners die, Tennessee law may allow title to pass immediately to the surviving joint tenant(s) by right of survivorship. But the public record (the deed on file at the county register of deeds) will still show the […]

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