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Who Controls the Will and Probate Process?

Most often the probate court in the county where the deceased person lived oversees the probate process in Tennessee, and it is the responsibility of the executor – the person or company named in a Will, to carry out the wishes of the decedent as directed in the Will.

State Law and Local Courts

In Tennessee, probate is a straightforward process that is overseen by the county court in the county where the deceased person resided. If the deceased person left a Will, the probate process will begin when the person named as executor in the Will presents the original and signed will in the county clerk’s office. Most often this is done in the county where the deceased person lived, though there may be issues when their are multiple residences in more than one county.

The court will give the executor authority to take charge of estate assets. Without a will, the surviving spouse or a family member can ask the court to be designated as an administrator (acting executor). To simplify, executors simply follow the directions in the Will and finish the process until the estate is closed with the Court. Executors can consult an attorney with questions about the disposition of the deceased's will and assets.

Article by: CBC Law Group