Tennessee Legal Guides

How a grandparent or other relative becomes a court-appointed guardian of a minor in Tennessee, what the court looks for, and what the job involves until age 18.

A surviving spouse in Tennessee can claim an elective share of 10% to 40% of the net estate, plus support and homestead rights. The petition is due nine months after the death.

What to do in the first 30 days after a parent dies in Sumner County, from death certificates and the will to probate, creditors and TennCare.

A will goes through probate; property in a funded living trust generally does not. Here is how each works in Tennessee and how to choose.

If a parent got TennCare long-term care at 55 or older, TennCare may seek repayment from the estate, often the house. Here is who is exempt and what to do first.

How a Tennessee house passes after a death: survivorship deeds, wills and muniment of title, heirship affidavits, creditors, TennCare and selling.

In Tennessee, a creditor on an ordinary consumer debt usually needs a court judgment before it can garnish your wages. Even then, it can take no more than 25% of your weekly disposable earnings, or the amount above 30 times the federal minimum wage, whichever is less (Tenn. Code Ann. § 26-2-106; 15 U.S.C. § 1673). You also have tools to protect exempt money, fix an over-withholding, and ask the court for a payment plan. It starts with a judgment Most garnishments on credit ca

It depends on the estate. In a regular Tennessee probate, creditors generally have four months from the first published or posted notice to file claims, so most estates stay open at least that long (Tenn. Code Ann. § 30-2-306). Selling a house, disputes over claims, a will contest or hard-to-find heirs can stretch it well past that. Here are the steps and the clock the law sets for each. Step 1: Open the estate and get letters Probate starts with a sworn petition filed in the

At a probation violation hearing in Tennessee, a judge decides two things: whether you broke a condition of probation, and if so, what should happen next. The state only has to prove the violation by a preponderance of the evidence, which means "more likely than not" (Tenn. Code Ann. § 40-35-311(d)). You have the right to be there, to have a lawyer and to put on your own proof, and the outcome is often more flexible than people fear. How a violation case starts When a judge l

Possessing marijuana is still a crime in Tennessee. Simple possession or casual exchange is a Class A misdemeanor, which carries up to 11 months and 29 days in jail, a fine up to $2,500, or both (Tenn. Code Ann. §§ 39-17-418, 40-35-111). Many first-time cases can end without a conviction through diversion, so how you handle the case early matters. What counts as simple possession The law makes it a crime to knowingly possess or casually exchange a controlled substance without

A first domestic assault charge in Tennessee is usually a misdemeanor, but it carries rules a regular assault does not: a 12-hour hold after arrest, a no-contact order, loss of your guns if convicted, and a record that cannot be expunged if you are convicted (Tenn. Code Ann. §§ 39-13-111, 40-11-150, 40-32-107). Diversion may still be possible. Here is what happens next and what you should do now. What counts as domestic assault Domestic assault is an assault against a "domest

DUI is driving while impaired or with a blood or breath alcohol level of 0.08% or more (Tenn. Code Ann. § 55-10-401). Vehicular assault is when an intoxicated driver recklessly causes serious bodily injury to another person (Tenn. Code Ann. § 39-13-106). The injury is what turns a DUI case into a felony. Here is how the two charges compare. What DUI means It is unlawful to drive or be in physical control of a vehicle on a public road, or in places like shopping centers and ap

To contest a will in Tennessee, you generally must be someone who would receive part of the estate if the will were set aside, and you must act within two years after the court admits the will to probate (Tenn. Code Ann. § 32-4-108). The probate court first decides whether you have the right to contest. If you do, the case goes to trial on whether the will is valid. Who can contest a will The probate court must enter an order "sustaining or denying the contestant's right to c

In Tennessee, a "small estate" is a probate estate where the probate property is worth $50,000 or less (Tenn. Code Ann. § 30-4-102). The old "small estate affidavit" has been replaced. Since 2023, families use a sworn petition for limited letters under The Small Estate Probate Act, filed at least 45 days after the death (Tenn. Code Ann. § 30-4-103). It does not cover real estate. Why people still say "affidavit" Tennessee used to have the "Small Estate Affidavit Limited Lette

After an arrest in Sumner County, a judicial officer sets a bond and release conditions, and the person can be released once the bond is posted. Tennessee law says nearly everyone charged with a crime is entitled to bail before trial (Tenn. Code Ann. § 40-11-102). Here is how the process works and what you can do to speed it up. Who sets bond in Sumner County In Sumner County, judicial commissioners decide whether there is probable cause for arrest warrants and set appearance

Driving while your license is suspended, revoked or cancelled is a crime in Tennessee. A first offense is usually a Class B misdemeanor, but the penalties climb fast if your license was taken because of a DUI, vehicular assault or vehicular homicide (Tenn. Code Ann. § 55-50-504). Here is how the charge works and what you can do about it. What the law covers The law applies when you drive on a public road, or in a public place like a shopping center or apartment complex lot, a

A demand letter is a written request, often from a lawyer or collection company, asking you to pay money or do something by a certain date. It is not a lawsuit, and the deadline in it is not a court deadline. But it is often the last step before someone sues, so do not ignore it. Read it, save it, and respond in writing once you understand your options. What a demand letter is (and is not) A demand letter usually: Says what the sender believes you did or owe. Asks for a payme

A civil warrant means you are being sued in General Sessions Court. The most important thing is to be in court on the date and time printed on the warrant. If you do not appear, the court can enter a default judgment against you for what the plaintiff asked for, and you have only 10 days after a judgment to appeal (Tenn. Code Ann. § 27-5-108). Here is what the warrant means and what to do next. What a civil warrant is In Tennessee, General Sessions Court handles smaller civil

A power of attorney is a document you sign yourself, while you can still make your own decisions, naming someone to act for you. A conservatorship is a court case that someone else files after you can no longer decide for yourself, and a judge picks who will make decisions for you. If a valid power of attorney is already in place, a conservatorship may never be needed. What a power of attorney is A power of attorney lets you (the "principal") name an agent (the "attorney in f

A Tennessee executor asks the probate court for authority, gathers and lists the estate's property, notifies creditors, pays valid claims, keeps records for the court, and distributes what is left under the will. Several of those steps have firm deadlines: 60 days for the inventory, a creditor notice within 30 days of your letters, and a first accounting or status report within 15 months (Tenn. Code Ann. §§ 30-2-301, 30-2-306, 30-2-601). Here is the process in order. 1. Petit