Probate in Tennessee: What Happens to Real Estate After a Loved One Passes?

When a loved one passes away, it can be overwhelming to tackle handling their affairs. In Tennessee, probate is the legal process that ensures debts are paid, assets are accounted for, and property is distributed according to a will or state law. Whether or not probate is necessary depends on a variety of factors such as whether or not the loved one had a will, the type of assets left behind by the loved one, and how assets were held and titled at the time of death. 

Managing an estate can feel overwhelming for grieving families, especially when a home or land is involved. Keep reading to learn more about how a Nashville probate attorney can help. 

Real Estate and the Probate Process

Real estate is often the largest asset in an estate. In Tennessee, whether the property must go through probate depends on how it was titled. For example:

• Sole ownership: Property owned solely by the deceased may need to go through probate. If the Will of the deceased gifts property to an individual who is not an immediate heir at law, probate may be required. If there is no Will or the property was left in a Will to all immediate heirs, probate may not be required.
• Joint tenancy with the right of survivorship: Ownership passes directly to the surviving co-owner or co-owners. 
• Trust ownership: If property was placed in a trust, probate would not be required. 

The Role of a Nashville Probate Attorney

A discussion with a probate attorney about your unique situation will help determine if probate is necessary. Navigating probate without legal help can be daunting. A Nashville probate attorney can clarify the steps, represent heirs in court if needed, and help with complicated paperwork. They also ensure property transfers are legally binding and recorded correctly. Families often lean on attorneys to help with:

• Filing the will and initiating probate
• Communicating with the court and creditors
• Representing the heirs or executor in court
• Guiding the heirs or executor through the probate process

Selling Real Estate in Probate

Sometimes, selling the property is necessary to pay debts or divide assets among heirs. In Tennessee, selling real estate during probate usually requires court approval, which can slow down the process. An attorney can assist with preparing the sale, obtaining approval, and ensuring the proceeds are distributed fairly. 

Common Challenges Families Face

Dealing with real estate in probate can bring challenges that extend beyond paperwork:

• Disagreements among heirs about selling or keeping property
• Unclear wills that don’t specify property ownership
• Outstanding mortgages or liens that complicate transfers
• Emotional ties to the property that make decisions difficult

A Nashville probate attorney can help resolve these issues with compassion and clarity, making the process less stressful for everyone involved. 

Avoiding Probate for Real Estate 

Many families choose to take steps in advance to avoid probate. Options include:

• Placing property in a trust
• Establishing joint ownership with survivorship rights

These strategies can reduce delays and stress. Discussing plans with a Nashville probate attorney before issues arise is one of the best ways to protect your family.

Rochford Law: Your Expert Nashville Probate Attorney

With decades of experience in probate and real estate law, Rochford Law & Real Estate Title provides families with the guidance they need during difficult times. Our team helps ensure probate is handled efficiently while protecting the interests of heirs. Whether you need assistance transferring property, selling an inherited home, or planning ahead to avoid probate, we offer the knowledge to support your family every step of the way.

Contact us at Rochford Law & Real Estate Title today to speak with a Nashville probate attorney who understands both the legal and emotional sides of probate.