Amanda Jelks: Estate Planning, Probate Lawyer
Losing a loved one is hard. Going to court, after your loss, doesn't have to add to your sorrow. Let a Probate Attorney guide you through the process.
Our probate lawyers understand firsthand what it's like to grieve the loss of a loved one while simultaneously settling their estate. We serve families throughout Chattanooga, Hamilton County, and the surrounding areas of Tennessee.
After your loved one has passed, you may need to contact a probate lawyer to transfer their assets to their heirs or beneficiaries, whether or not they had a will. A probate attorney will walk you through the process and stand with you in probate court. Jelks Law can help you gather assets, pay debts and taxes, and distribute property as smoothly as possible. We won't promise it will be easy, but we can promise it will be an easier and smoother process with a skilled probate attorney by your side.
What Is Probate?
Probate is the legal process used to transfer assets from a deceased person to their heirs or beneficiaries. Many people believe that having a will means they can avoid probate court but unfortunately, that's not true. In fact, the word "probate" literally means to prove a will. Under Tennessee probate law, a will has no legal effect until a court validates it. Preparing for the probate process can be an essential aspect of estate planning.
What Is a Personal Representative, Executor, or Administrator?
Under Tennessee law, the terms executor, administrator, and personal representative are interchangeable. These terms refer to the person authorized to act on behalf of a deceased person's estate. A personal representative's duties typically include:
- Liquidating estate assets
- Listing real property for sale
- Handling final tax filings
- Paying creditors and administrative expenses
- Distributing remaining funds to heirs or beneficiaries
Our probate attorneys routinely assist executors throughout Hamilton County and can guide you through each of these responsibilities.
How Long Does Probate Take in Tennessee?
The timeline depends on the type of administration required. There are three types of probate in Tennessee:
- Estates with assets of $50,000 or more, or those that include real property, typically take at least 12 months from the date of death to complete in court.
- Smaller estates (under $50,000 with no real property) may qualify for a simplified probate process.
- There is also a simplified process for estates involving only real estate.
A probate lawyer at Jelks Law can review your situation and determine the fastest, most efficient path forward.
Does My Loved One's Estate Need to Go Through Probate?
If your loved one left behind assets that are either (1) solely in their name or (2) have no designated beneficiary, you will almost certainly need to open a probate case.
How Are Creditors Handled During Probate in Tennessee?
In Tennessee, with the exception of the government, unsecured creditors have one year from a person's date of death to collect any money owed to them. If they do not collect their money within that time frame, they will no longer be entitled to payment, according to probate law.
If there is a co-signer or guarantor on that debt and that person is still alive, the co-signer or guarantor will continue to be responsible for that debt.
During the probate, your probate lawyer will provide direct notice that a probate has been opened to all known creditors. A notice in the local Tennessee newspaper will be published letting everyone else know that the probate is open in hopes that unknown creditors will file their claims. Known creditors that receive direct notice will have four months to file their claim in probate court (instead of one year). All other creditors will have one year from the date of death to file their claims in court.
Our probate lawyers routinely dispute creditor claims that are unfounded and have saved our clients hundreds of thousands of dollars that would have otherwise been required to be paid.
Can Probate Be Avoided?
If your loved one has already passed, and their estate meets the criteria above, probate is likely unavoidable. However, you can take action now to protect your own estate and possibly minimize the probate process. Working with an estate planning attorney, you can use tools like a trust to help your loved ones avoid probate in the future.
What Our Clients Say
"Amanda is the BEST attorney you could possibly use. So informative and stays in touch with you when you have questions on probate, estate planning, or any other legal matter. She welcomes you from day 1 and never makes you feel like a bother. She was the best choice I could have made when it came to my father's probate. I will ALWAYS use her for any legal needs I have!" - Amber T
You can see more reviews from just some of our satisfied clients on our testimonials page.
Jelks Law - Your Chattanooga Probate Law Firm
The right probate attorney can make all the difference. At Jelks Law, we believe this process should not fall solely on your shoulders. Our legal team handles every case with proficiency, compassion, and the ethical standards you deserve.
We proudly serve clients in Chattanooga, Hamilton County, Bradley County, Catoosa County, and throughout Southeast Tennessee.
Don't wait, contact Jelks Law today for a consultation. We value every client!