1. Home
  2.  → 
  3. Probate
  4.  → Why do some people want to avoid the probate process?

Why do some people want to avoid the probate process?

On Behalf of | Jan 9, 2023 | Probate |

The process of settling a loved one’s Tennessee estate can be a difficult process, especially when navigating the grief that naturally comes after losing a family member. Probate is often a necessary part of this effort, and it is the process of validating the will and overseeing each step of closing an estate. Probate can be complex and confusing, and these are only a few of the reasons why people often try to avoid it. 

Understanding how probate works 

Probate is a legal proceeding that ensures that a decedent’s will is valid and that the distribution of assets is according to the terms of the will. In between these steps, however, probate can also involve the location and valuation of estate assets, payment of remaining debts and more. Probate can take months to complete, or it can take years if there is a conflict between heirs.  

One concern people have with probate is the expense and lack of privacy. The executor of the Tennessee estate will have access to personal information about the decedent, and if the probate process stretches on, it could lead to additional expenses for the family. Probate is sometimes stressful, especially when there are disputes among heirs, beneficiaries, creditors and other interested parties. 

What is the solution? 

In many cases, probate is inevitable when settling the estate of a loved one. To avoid preventable issues and confusion, it may be helpful to speak with an experienced attorney regarding legal options. Having knowledgeable guidance at every step may make the probate process simpler and easier for all involved.