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What is the purpose of probate?

On Behalf of | Feb 17, 2023 | Probate |

After the death of a loved one, family members must navigate the process of settling the estate. This is more complicated than simply distributing assets according to the terms of the will. In many cases, probate is a requirement, which is a legal process of validating the will, ensuring remaining debts are paid and more. Probate can be lengthy, complicated and difficult to understand, especially when there are issues with a Tennessee estate. 

The requirements of probate 

The main intent of probate is to validate the last will and testament of the deceased. The court will appoint an executor if one is not named in the will, and he or she will first locate the will and file it with the court. A probate judge will evaluate the will and determine if it is valid. There will be a hearing during which anyone with an issue with the will has the opportunity to speak out. 

After this, the executor will locate all estate assets and notify creditors. Another purpose of probate is to ensure remaining debts are paid, the final taxes are filed and all assets are distributed. Probate is a lengthy process, but it is an organized method of resolving all remaining matters associated with an estate. 

Assistance with probate 

Because of the complexity of probate, it is helpful to have experienced legal guidance at every step. A Tennessee probate attorney can represent the interests of heirs and beneficiaries throughout the process. With help, it may be possible for interested parties to avoid complications associated with probate and conclude the process in a timely manner.