Probate & Estate Administration in Gallatin, TN

When someone passes away, their estate often has to be opened in probate court before bills can be paid, accounts closed and property passed to the people who should receive it. That is true whether or not there is a will. Our office on the Gallatin Public Square helps families through that process in Sumner County and the surrounding counties, from the first court filing to closing the estate.

 

Where Probate Happens in Sumner County

 

A will is probated in the county where the person lived at death (Tenn. Code Ann. § 32-2-101). In Sumner County, estates are opened in the Sumner County Chancery Court. Tennessee gives probate jurisdiction to chancery court unless a local law says otherwise (§ 16-16-201). Filings go through the Clerk and Master at 155 East Main Street, Room 3600, in Gallatin, a short walk from our office.

 

Since February 1, 2023, Sumner County probate hearings are held by Zoom unless the Chancellor approves an in-person hearing ahead of time. We prepare the filings and walk you through any hearing.

 

The Steps of Probate in Tennessee

 

Opening the estate. We prepare the petition, which lists the person who died, the heirs or beneficiaries and the will if there is one (§ 30-1-117), and ask the court to appoint the personal representative.

 

Estates with a will. The court normally appoints the executor named in the will and issues letters testamentary. A will signed with a self-proving affidavit can usually be admitted without calling the witnesses (§ 32-2-110).

 

Estates without a will. The court issues letters of administration, usually to the surviving spouse first and then to next of kin (§ 30-1-106). Tennessee's intestacy laws decide who inherits (§ 31-2-104). We help the family understand who is entitled to what.

 

Bond. A personal representative normally posts a bond. It can be excused in some cases, for example when the will waives it or when the beneficiaries agree in a sworn filing, subject to the court's approval (§ 30-1-201).

 

Notice to creditors. Within 30 days after letters issue, notice to creditors is published for two weeks in a row or posted in public places in the county (§ 30-2-306). Creditors generally must file claims within four months of the first notice, and never later than twelve months after the date of death (§ 30-2-307).

 

Inventory. Within 60 days, the personal representative files an inventory of the estate's assets, unless the will excuses it or the law allows the beneficiaries to waive it (§ 30-2-301).

 

Paying debts and closing the estate. We help pay valid claims and final expenses, account for the assets, distribute what is left to the heirs or beneficiaries, and close the estate with the court.

 

When You May Not Need Full Probate

 

Not every estate needs a full administration. Accounts with a payable-on-death beneficiary, property owned jointly with survivorship and life insurance with a named beneficiary usually pass outside probate. If the probate property is worth $50,000 or less and includes no real estate, the family may use the small estate process: a sworn petition for limited letters, filed at least 45 days after death (§§ 30-4-102, 30-4-103). When there is a will and the main asset is a house or land, the will can sometimes be admitted as a muniment of title, which establishes who owns the property without opening a full estate (§ 32-2-111).

 

Common Questions

 

How long does probate take? Because creditors have at least four months to file claims, even a simple estate stays open for several months. Estates with real estate to sell or disputes take longer. See how long probate takes in Tennessee.

 

Does Tennessee have an inheritance tax? No. Tennessee's inheritance tax does not apply to deaths in 2016 or later (§ 67-8-314).

 

What should I bring to the first meeting? The death certificate, the original will if you have it, and a list of the person's accounts, property and bills. A rough list is fine.

 

More answers: Do I need probate? What does an executor have to do? What happens if there is no will?

 

Related guides: how the small estate process works and contesting a will in Tennessee.

 

Estate in another county? A will is probated in the county where the person lived. See how probate works in Wilson, Robertson, Williamson and Davidson counties. Closer to home, we serve Hendersonville, Goodlettsville, Portland, White House and Mt. Juliet.