When someone passes away leaving a valid Will, the process of administering their estate begins with probate. The individual named as Executor in the Will carries the responsibility of starting this process by submitting the original Will to the local Probate Court, along with a formal petition and additional documents required by Tennessee law.
Once the court accepts the filing, the Executor must manage the estate under court supervision, ensuring that all legal obligations are met and the deceased person's wishes are carried out.
"Expert guidance through every step of the probate process"
If someone has a Will when they pass away, the person they have named as their Executor must file the Will with the local Probate Court along with a Petition to probate the Will and other required documents. The Executor must then administer the estate according to the requirements of Tennessee law and under the supervision of the Probate Court. This process, which typically requires a year or more, involves gathering all of the deceased person’s probate assets, paying the person’s debts, liquidating some of the person’s assets (e.g., selling their house), filing required reports with the Probate Court, and distributing the person’s assets to the beneficiaries named in the Will. The Executor must also ensure that the person’s income tax returns have been filed and may need to file an income tax return for the estate.
When you hire David A. Montgomery Law, to represent the estate as your estate planning lawyer in Knoxville, TN we will advise and assist you with each of these steps to make administering the estate as painless as possible for you.
When someone dies without making a Will, their estate still has to be administered under the supervision of the local Probate Court as an intestate (without a will) estate. The process of administering an intestate estate is similar to that of administering a testate (with a Will) estate, except that the person appointed by the Probate Court to administer the estate is called an Administrator, and the beneficiaries of the deceased person’s estate are determined by the Tennessee intestate statute. If you need to petition a Probate Court to be appointed as the Administrator of a deceased loved one’s estate, we are ready to assist you as your estate planning lawyer in Knoxville, TN with each step of the process of being appointed and then administering the estate according to the requirements of Tennessee law.
You may not be responsible for managing a loved one’s estate as an Executor or Administrator—but as an heir, you still have important legal rights. If you’re worried that you’re not receiving the inheritance you’re entitled to, you don’t have to navigate the situation alone. An estate planning lawyer in Knoxville, TN can assist you. At David A. Montgomery Law, we help beneficiaries protect their interests and ensure estates are handled correctly. With deep experience in estate administration, we can monitor the actions of the Executor or Administrator, confirm they are meeting their legal obligations, and step in when necessary to enforce proper administration of the estate.
The attorneys at David A. Montgomery Law have helped countless clients create and manage a wide range of trusts, including revocable and irrevocable trusts, minor’s trusts, special needs trusts, retirement plan trusts, and life insurance trusts. If you’re working with an experienced estate planning lawyer in Knoxville, TN, having the right trust in place can make all the difference in protecting your assets and your loved ones.
Beyond trust creation, our firm assists Trustees with the complex responsibilities of trust administration under the Tennessee Trust Code. We help ensure all state and federal requirements are met—from keeping beneficiaries informed and investing assets responsibly to making proper distributions and filing trust tax returns. When challenges arise, such as difficult beneficiaries or potential lawsuits, we also provide strong guidance and defense to help Trustees carry out their duties with confidence.
Hear from clients who trusted us with their estate administration needs
"David Montgomery represented me as personal representative of a relative's estate. He was very upfront about the costs associated to administer an estate, which was particularly important to me due to the situation. I found that in working with David that he was very kind, professional, and respectful. He took great care to explain to me in detail how the process of probate would work. He gave me great advice that helped when dealing with problems that arose during probate. David has a very quick response time to emails or calls which I really appreciated. I am thankful for everything David has done to help me through the probate process. I highly recommend him for probate issues!"
"David A. Montgomery helped in the closing of my mom's estate. As a probate lawyer, David processed everything that was needed from working with the realtor and closing the sale of my mom's house, dealing with the creditors to quickly pay the outstanding bills, and helping with the sale of my mom's car. Everything was completed and the probate court was closed perfectly. It was a hard and difficult time for the family, but David saw what was needed to be done and answered questions over the phone and emails. I can't express enough how his professional work ethics and communication were above and beyond what was needed to get closure on my mom's estate. I highly recommend David A. Montgomery to anyone who is needing a probate lawyer."
Contact us today to schedule a consultation. We're here to listen, explain your options, and guide you toward the best solution for your situation.