What Happens During the Probate Process, and How Can You Prepare?
Aug. 15, 2025
When someone passes away, their loved ones are left with more than grief—they're often responsible for handling legal and financial matters related to the person's estate. One of the most common legal procedures following a death is probate. This process is used to settle a person's affairs, distribute their property, and make sure all final debts and taxes are paid.
Probate laws follow a specific path depending on whether the deceased had a will or not. The court oversees the process, but much of the work falls on the shoulders of the executor or personal representative. As a reliable probate attorney, I, Attorney Steven C. Frazier, in Kingsport, Tennessee, can help you know what to expect.
The Purpose of Probate
Probate serves several purposes. It legally confirms the validity of a deceased person’s will (if one exists), appoints someone to handle the estate, and helps distribute assets in an orderly manner. Not all assets have to go through probate, but for those that do, the process provides a structured way to deal with them.
It's worth noting that even if a person dies without a will (also known as dying intestate), probate is still necessary to sort out the estate. The court will then follow Tennessee’s intestate succession laws to decide who gets what.
Starting the Probate Process
The probate process usually begins shortly after a person’s death. Someone—often the person named in the will as executor—files a petition with the probate court in the county where the deceased lived. If there’s no will, a close relative or interested party can apply to be appointed as the personal representative.
Here are a few early steps involved in opening probate:
Filing the will with the court: If there’s a will, it needs to be submitted to the local probate court, ideally with the help of a probate attorney.
Submitting a petition: This request asks the court to officially open probate and appoint an executor or administrator.
Notifying interested parties: Heirs, beneficiaries, and sometimes creditors must be notified that the probate case has started.
Attending a court hearing: In some cases, a brief hearing may be required to confirm the appointment of the estate’s representative.
Once these steps are taken, the court will issue documents called letters testamentary (if there’s a will) or letters of administration (if there’s not), which legally authorize the executor or administrator to act on behalf of the estate.
Managing the Estate's Assets
After the court authorizes someone to handle the estate, that person has a duty to collect, manage, and protect the deceased’s assets. This stage can take months or even longer, depending on the size and nature of the estate.
A few of the key responsibilities during asset management include:
Creating an inventory: The representative must compile a full list of the estate’s assets, including real estate, vehicles, bank accounts, investments, and personal belongings.
Determining asset values: Some assets may need to be appraised to establish fair market value.
Keeping assets safe: Property may need to be secured, maintained, or insured while the estate is being processed.
Handling financial accounts: The executor might need to access bank accounts, pay bills, and manage income such as rent or dividends.
Keeping records: All transactions related to the estate should be documented carefully in case questions arise later.
The court may also require the executor to file reports or updates about the estate’s status.
Paying Debts and Taxes
Before any assets can be distributed to heirs or beneficiaries, the estate’s outstanding debts and taxes must be addressed. This can include everything from credit card balances to final income tax returns.
Here are a few common financial obligations you’ll run into during probate:
Notifying creditors: In Tennessee, creditors must be given notice that the estate is open so they can file claims.
Paying valid claims: The estate is responsible for settling all approved debts. If the estate doesn’t have enough to cover them, certain debts take priority.
Filing tax returns: The executor may need to file the deceased’s final income tax return, estate income tax return, and potentially an estate tax return.
Handling Medicaid claims: If the deceased received Medicaid benefits, the state may file a claim for repayment under estate recovery rules.
Once all financial obligations are taken care of, the court can approve the distribution of assets.
Distributing Assets to Beneficiaries
This is often the part families look forward to most, but it doesn’t happen until the estate is fully settled. The executor must follow the instructions in the will or, if there’s no will, distribute property according to state law. Distribution duties may involve:
Transferring real estate: Property may be deeded over to a beneficiary or sold with proceeds divided among heirs.
Closing bank accounts: Once cleared, funds can be split or sent to designated beneficiaries.
Distributing personal property: Items like furniture, jewelry, or collectibles may be passed along per the will’s terms.
Funding trusts: If the will creates a trust, the executor may be responsible for setting it up and transferring assets into it.
The executor may also need to file a final accounting with the court to show how the estate was handled. Only after the court is satisfied can probate be closed.
Preparing in Advance for Probate
Though no one wants to think about death, a little planning now can make a big difference for your loved ones later. There are several steps you can take to reduce the burden of probate—or even avoid it altogether.
Here are some helpful ways to prepare for probate:
Making a valid will: This is one of the most effective tools to control who inherits your property and who’ll handle your estate.
Choosing a trustworthy executor: Pick someone responsible and willing to take on the task.
Using non-probate tools: Assets like joint accounts, transfer-on-death deeds, and life insurance pass outside of probate if set up correctly.
Keeping your records organized: Make it easy for your executor to locate your will, insurance policies, deeds, and financial documents.
Discussing your wishes: Having honest conversations with family can prevent disputes and surprises later.
Probate can't always be avoided, but a well-organized estate can help reduce delays and costs.
When Probate Might Not Be Necessary
Not every estate in Tennessee has to go through full probate. The state offers a simplified process for small estates and allows certain types of assets to be transferred without court involvement.
Here are a few situations where probate may be skipped or shortened:
Small estates: If the value of the estate is $50,000 or less and doesn't include real estate, a simplified affidavit process might be available.
Jointly owned property: Assets held jointly with rights of survivorship automatically go to the surviving owner.
Payable-on-death accounts: Bank and investment accounts with named beneficiaries pass directly to those individuals.
Life insurance: Proceeds typically go straight to the named beneficiary and aren't subject to probate.
It’s still wise to consult a probate attorney to confirm whether probate is needed and which steps apply in your specific situation.
Challenges That Can Arise
Even with a will and proper preparation, the probate process doesn’t always go smoothly. Disagreements among heirs, questions about the will’s validity, or missing information can all lead to delays or legal disputes.
Some common problems that come up during probate include:
Contested wills: Family members may challenge a will if they suspect fraud, undue influence, or lack of capacity.
Missing beneficiaries: If someone named in the will can’t be found, the court may need to take extra steps to resolve the issue.
Unclear assets: If the will isn’t specific about who should receive certain items, it can create tension.
Disagreements over expenses: Heirs might question how the executor is spending estate funds or handling property.
An experienced probate attorney can help prevent or address these issues quickly.
Reach Out to a Probate Attorney Today
Probate is a structured legal process meant to bring order to a difficult time. Speaking with a probate attorney can help you handle things more confidently and avoid unnecessary delays.
I serve clients in Church Hill, Johnson City, Bristol, Kingsport, Tennessee, and anywhere in Northeastern Tennessee. Contact my firm, Steven C. Frazier, Attorney at Law, for a consultation.