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Probate Attorney in Franklin, TN

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If you need a probate attorney in Franklin, TN, Crow Estate Planning and Probate helps families throughout Williamson County open estates, guide executors, resolve creditor issues, and handle contested probate matters in Chancery Court. 

Helping Franklin Families Navigate Probate

When someone passes away, the people they leave behind are left with far more than grief. There are accounts to track down, property to manage, creditors who may come forward, and a court process to navigate, often without any clear guidance on where to begin. Probate can be one of the most stressful and confusing experiences a family goes through, and it rarely arrives at a convenient time. 

Probate lawyers Alexandra Hulme and John Crow have guided families throughout Franklin, Brentwood, and the rest of Williamson County through the Tennessee probate process for years. We know the local courts, we understand how probate works in practice, and we are here to make sure the people you love are protected every step of the way.  

Whether you are the executor of an estate, a beneficiary trying to understand your rights, or someone who wants to plan ahead so your own family never has to go through this, our probate attorneys are ready to help. 

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When Should You Contact a Probate Attorney

Probate issues rarely come with clear instructions. Many families come to us after weeks of trying to figure things out on their own, and by that point small problems have often grown into larger ones. You should speak with a probate attorney in Franklin as soon as possible if: 

  • You have been named executor or administrator and are not sure where to begin 
  • The estate includes real estate, multiple accounts, or business interests 
  • Creditors are contacting you or the family about outstanding debts 
  • There is family conflict or disagreement about how assets should be distributed 
  • You believe a will may be invalid or the result of undue influence 
  • The estate has been open for some time but nothing has been filed with the court 
  • You are a beneficiary who has not received information about the estate’s progress 

Early guidance from an experienced probate attorney can prevent costly mistakes, reduce delays, and make sure the personal representative is protected throughout the process. 

Why Families in Franklin Choose Crow Estate Planning and Probate

Williamson County families have choices when it comes to probate representation. Here is why many of them choose our firm. 

We know the Williamson County Chancery Court. Probate in Franklin runs through the Chancery Court, and familiarity with local procedures, the Clerk and Master’s office, and how cases actually move in practice makes a real difference. We work in this court regularly and know how to keep things moving efficiently. 

We handle contested matters. Many probate attorneys are comfortable with routine estate administration but lack experience when things become complicated. Our attorneys handle will contests, disputed creditor claims, and beneficiary disputes. If your case becomes contested, you will not need to find different representation. 

We cover every stage. From opening the estate and filing the first petition to managing creditor claims and closing with a final accounting, we handle the full process. You will not be handed off or left to manage pieces of it on your own. 

We are straightforward with clients. Probate can take longer and cost more than families expect. We tell you that upfront, give you a realistic picture of the timeline and costs, and keep you informed as the case moves forward. 

We have served hundreds of Williamson County families. That experience shapes how we approach every case, and it shows in the relationships we build with the clients who trust us at some of the most difficult moments of their lives. 

What is Probate?

Probate is the legal process by which a deceased person’s estate is settled under court supervision. It involves identifying and valuing assets, notifying creditors, paying valid debts and taxes, and distributing what remains to the rightful heirs or beneficiaries named in the will. 

Not every estate goes through probate. Some assets transfer automatically through beneficiary designations or joint ownership, and a properly funded revocable living trust avoids probate entirely. But when someone dies owning assets in their name alone, probate is typically required before those assets can be transferred to anyone else. 

Many families are surprised by how involved the process can be, especially when they are already dealing with the emotional weight of a loss. Having a knowledgeable probate attorney handle the legal side allows families to focus on what actually matters. 

When Is Probate Required in Franklin, TN?

Whether a full estate needs to be opened in the Williamson County Chancery Court depends entirely on the assets involved. Tennessee has several mechanisms for transferring property at death, and not all of them require formal probate. Understanding which path applies to your situation can save considerable time and cost. 

When Full Probate Is Required

When probate assets such as bank accounts or investments are titled in the decedent’s name alone and exceed $50,000 in value, the estate will typically need to be opened through a formal probate proceeding. Tennessee’s small estate process is limited to qualifying personal property at or below that threshold, so estates above that amount generally require court involvement before assets can be collected and distributed. 

Muniment of Title: Real Estate With a Will

When someone dies with a will and their estate consists primarily of real property, it may be possible to proceed through a muniment of title. This is a more limited court proceeding that establishes clear title to the property without requiring a full estate administration, and it is often faster and less costly than opening a complete probate estate. 

Affidavit of Heirship: Real Estate Without a Will

An Affidavit of Heirship is technically not a probate proceeding, but it is a way to handle the real estate of a decedent. Essentially, an Affidavit of Heirship is a sworn statement that identifies a decedent’s heirs.  

Affidavits of Heirship are sometimes used to clarify title to real property when no probate was opened. However, this document does not replace probate and does not create court recognized authority to transfer assets.  

Affidavits of Heirship do not cut off creditor rights and do not provide the same legal certainty as a formal probate proceeding. However, most title companies accept Affidavits of Heirship without issue, particularly when real estate has remained in the family for many years and no disputes exist.  

Small Estate Procedures

When the total estate falls below $50,000 in personal property (including cash assets), the court may allow a small estate procedure rather than opening a full estate. This reduces procedural requirements and often shortens the duration of the case, although court supervision still exists. Eligibility depends on asset type and valuation at the time of death.  

The honest answer to whether probate is required is that it depends. Families dealing with a loved one’s estate should speak with an experienced probate lawyer before assuming court involvement is either required or unavoidable. In many cases, Tennessee law provides a simpler path than people expect. 

How Probate Works in Franklin, Williamson County

Probate in Williamson County is handled through the Chancery Court in Franklin. Many day-to-day probate matters are first heard by the Clerk and Master, Jakob Schwendimann, who acts as the probate judge in most routine cases. If a party disagrees with an order entered by the Clerk and Master, that decision can be appealed to the Chancellor, who has the final say in the Chancery Court. 

The basic steps follow Tennessee law, but the court has its own procedures and preferences, so working with a lawyer who regularly appears in Williamson County Chancery Court can make the process smoother. 

Opening the Estate

The process begins when the personal representative (either the executor named in a will, or an administrator if there is no will) files a petition with the Chancery Court to open the estate.  

Bond

In many estates, the court will also decide whether the personal representative must post a bond. A bond is similar to insurance; it protects heirs and beneficiaries if the executor or administrator mishandles funds or fails to properly administer the estate. Bond is often waived when the will says no bond is required or when all heirs agree. However, it is more likely to be required when there is no will, there is family conflict about who should serve, or there are concerns about how the estate will be managed. 

Letters Testamentary and Letters of Administration

Once any required bond is approved, the court issues Letters Testamentary (if there is a will) or Letters of Administration (if there is not). These Letters give the personal representative legal authority to act on behalf of the estate. Banks, investment firms, and title companies can often require certified copies of the Letters before they will release funds or transfer property, so it is not uncommon to obtain several certified copies at the outset. 

Electronic Filing

In Williamson County, most probate documents are filed electronically through the court’s e-filing system, which helps move cases along more efficiently, especially when multiple orders and notices are required over time. 

Validating the Will

If there is a will, it must be presented to the court and admitted to probate. Tennessee allows for self-proving wills, which were signed before a notary and witnesses, to be admitted more easily. Wills that were not self-proved may require additional steps, such as having witnesses appear or provide sworn statements, before the court accepts them. 

Inventory, Accounting, and Court Oversight

Inventory

In many estates, the personal representative must file an inventory listing the probate assets and their values. This inventory is generally due within 60 days after the estate is opened and gives the court a snapshot of what is in the estate. The inventory can sometimes be waived if the will says so or if all heirs and beneficiaries consent, but the personal representative should still keep detailed internal records. 

Accounting of Estate

Unless waived, the court may also require periodic accountings that show all money and property that came into the estate, all expenses paid, and all distributions made. Even when formal accountings are waived in an uncontested estate, the personal representative remains legally responsible for maintaining complete financial records and being able to explain how estate funds were handled. 

Notifying Creditors

Once the estate is open, Tennessee law requires the personal representative to publish a Notice to Creditors in a local newspaper and send written notice to known or reasonably identifiable creditors. This starts a four-month window for most creditors to file claims against the estate. 

During this creditor period, the personal representative must review any claims and either pay valid ones or formally object to disputed claims. Disputed claims are heard before the Clerk and Master and either side can ultimately appeal to the Chancellor. 

Because assets generally should not be fully distributed until the creditor deadline has passed, this four-month period is one of the main reasons probate in Williamson County rarely finishes in less than six months. 

Paying Debts and Taxes

After the creditor period closes, the personal representative must pay valid debts, administrative expenses, and applicable taxes. Tennessee repealed its state estate tax in 2016, but federal estate tax can apply to larger estates, and income tax issues can still arise depending on the nature of the assets. 

Distributing the Estate

Once debts are satisfied, the remaining assets are distributed to the beneficiaries named in the will, or according to Tennessee’s intestacy statutes if there was no will. The personal representative then files closing paperwork with the court, such as a final accounting or a simplified closing statement if everyone agrees, and the estate is formally closed. 

The Personal Representative’s Role

The personal representative is the person responsible for managing the estate throughout the probate process. This is a significant legal responsibility. A personal representative must act in the best interests of the estate and all beneficiaries, keep detailed records, file all required court documents on time, and handle the distribution of assets correctly. 

Personal representatives who make mistakes, even unintentional ones, can be held personally liable. Because of that liability, personal representatives must act prudently and carefully. Many people appointed as executor have never been through probate before and are not sure where to start. Our probate attorneys work alongside personal representatives throughout the entire process, handling the legal filings, correspondence, and court appearances so that nothing falls through the cracks. 

How Long Does Probate Take in Franklin, Tennessee? 

Most probate cases in Williamson County take between six and twelve months from opening to closing. Some straightforward estates resolve faster. Others take considerably longer. 

Factors that can extend the probate timeline include: 

  • Disputes between beneficiaries or creditors 
  • Real estate or business interests that are difficult to value or sell 
  • Missing heirs or assets that were not located during the initial inventory 
  • Challenges to the validity of the will 
  • Complex tax issues or significant outstanding debt 

If a probate case becomes contested, or if estate litigation arises, the timeline can stretch well beyond a year. Working with an experienced probate attorney from the beginning helps avoid unnecessary delays and keeps the process moving forward. 

Probate Litigation and Contested Estates

Most probate cases settle without conflict, but disputes do arise. A beneficiary may believe they were wrongfully excluded. A creditor may file a claim the estate disputes. Family members may disagree about the value of assets or how they should be distributed. In some cases, someone may challenge the validity of the will itself on the grounds that the person who signed it lacked testamentary capacity or was subject to undue influence. 

Our attorneys represent both estates and individual parties in probate litigation matters in Williamson County. Whether you are a personal representative trying to defend the estate, a beneficiary whose rights have been overlooked, or someone with concerns about how a loved one’s estate is being administered, we can provide the legal representation you need. 

Will contests in Tennessee must be brought within specific time limits after the will is admitted to probate. If you have concerns about a will or about how an estate is being administered, it is important to speak with a probate attorney as soon as possible. 

Reducing Probate Through Estate Planning

The best time to think about probate is before it becomes necessary. Thoughtful estate planning can significantly reduce what your family has to deal with in court after you are gone, and in many cases it can eliminate the need for formal probate entirely. 

Revocable Living Trusts Help Avoid Probate

A revocable living trust is one of the most effective tools available. When assets are properly transferred into a trust during your lifetime, those assets are no longer owned by you. The trust owns them. You control the trust for your lifetime as trustee and receive the benefit of the assets as a beneficiary. When you pass, a successor trustee you appoint steps in to manage and distribute those assets without court supervision to beneficiaries you choose, on a faster timeline and with far greater privacy than the probate process allows. 

The critical word is “funded.” Creating the trust document is only step one. Every asset you want to protect from probate must actually be retitled into the name of the trust, or made payable to the trust as a beneficiary. This is where many families stall out. Someone signs a trust document and never retitles their home or their investment accounts. An unfunded trust is essentially a piece of paper. The assets still pass through probate because the trust never actually owned them. 

Add Beneficiaries to Accounts

Beyond trusts, other tools can keep assets out of probate as well. Beneficiary designations on retirement accounts, life insurance, and bank accounts override whatever a will says and transfer directly to the named person without court involvement. Payable-on-death and transfer-on-death designations on financial accounts work the same way. For real estate, joint ownership with right of survivorship allows property to pass automatically to the surviving owner without going through court, and a life estate deed can be used to pass real property to a named remainderman at death while the original owner retains the right to live there during their lifetime. 

For families in Franklin with significant real estate, business interests, or investment portfolios, planning ahead with a knowledgeable estate planning attorney can save your heirs considerable time, cost, and stress. The families who avoid probate are not usually the ones who got lucky with their asset mix. They are the ones who made deliberate decisions, often years before anyone died, about how their assets were titled and how they wanted their estate administered. 

How Our Probate Attorneys Can Help

Crow Estate Planning and Probate provides comprehensive probate and estate administration services for families throughout Franklin and Williamson County. Our attorneys handle every aspect of the process, including: 

  • Advising personal representatives and executors on their legal duties and liability 
  • Opening estates and filing all required court documents in the Williamson County Chancery Court 
  • Managing the Notice to Creditors process and responding to creditor claims 
  • Valuing and managing estate assets throughout administration 
  • Preparing and filing final accountings with the court 
  • Representing beneficiaries and heirs in probate proceedings 
  • Handling contested probate matters and will disputes 
  • Advising on estate planning strategies to simplify or avoid probate for your own family 

Lawyers Alexandra Hulme, Thomas Steelman, and John Crow have worked with families at some of the most difficult moments in their lives, and we take that responsibility seriously. We explain each step clearly, stay ahead of court deadlines, and work to resolve the estate as efficiently as possible so that your family can move forward. 

Common Questions About Probate in Franklin, TN

Not every estate requires full probate, and not every probate requires an attorney, but most personal representatives benefit significantly from legal guidance. Court filing requirements, strict deadlines, creditor management, and asset distribution all leave little room for error, and mistakes can expose the personal representative to personal liability. If the estate includes real estate, business interests, or any complexity at all, working with a probate attorney from the beginning is well worth the investment. 

An executor is named in the will and is responsible for carrying out its instructions. An administrator is appointed by the court when there is no will, or when the named executor is unable or unwilling to serve. Both roles carry the same basic legal responsibilities under Tennessee law. 

Yes. Tennessee law allows the personal representative to receive reasonable compensation from the estate for their time and work. What counts as reasonable depends on the size and complexity of the estate. The personal representative should keep track of their time in administering the estate as the court usually awards fees based on the time it took to do certain tasks. 

If someone dies without a will, they are said to have died intestate. Tennessee’s intestacy statutes determine who inherits the estate based on family structure. The surviving spouse, children, and other relatives may each be entitled to a share in a specific order set by law. The outcome may not reflect what the deceased person actually wanted, which is one of the strongest reasons to have a will in place. 

Yes. Wills can be challenged. Grounds for contesting a will are that the decedent lacked testamentary capacity, undue influence, fraud, forgery, or that there was something wrong in the execution of the will. Will contests in Williamson County are heard by the assigned Chancellor. They must generally be brought within two years after the will is admitted to probate, so anyone with concerns should speak with a probate attorney as soon as possible. 

The Notice to Creditors is a formal legal notice published in a local newspaper and sent to known creditors announcing that an estate has been opened. Creditors have a limited time to file claims against the estate. Valid claims must be paid from estate assets before any distributions can be made to beneficiaries. 

Probate costs vary depending on the size and complexity of the estate. Typical expenses include court filing fees, publication costs for the Notice to Creditors, attorney fees, and the personal representative’s compensation. For larger or contested estates, costs can be more significant. Our attorneys can give you a realistic estimate at your free consultation. 

Personal representatives who mishandle estate funds, miss filing deadlines, pay improper claims, or distribute assets incorrectly can be held personally liable for the resulting losses. Even unintentional errors can expose an executor to claims from beneficiaries or creditors. This is one of the most important reasons to work with a probate attorney throughout the process rather than after a problem has already occurred. 

Probate matters in Williamson County are handled by the Chancery Court in Franklin. Most routine estate administration is heard by the Clerk and Master. Will contests and solemn form probates are heard directly by the assigned Chancellor. If a party disagrees with an order entered by the Clerk and Master, that decision can be appealed to the Chancellor within 30 days. 

Tennessee allows a will to be probated in either common form or solemn form. In common form probate, the will is admitted without formal notice to heirs, but it remains open to challenge for up to two years. Solemn form requires notice to all interested parties upfront. Once a will is admitted in solemn form and the challenge period passes, it is much harder to contest. When there is any possibility of a dispute, attorneys often recommend solemn form to establish finality and reduce the window for a will contest. 

Ready to Talk to a Probate Attorney in Franklin, TN?

Closing an estate is rarely simple, and trying to navigate the probate court process alone while managing grief and family dynamics can feel overwhelming. Whether you are a personal representative trying to understand your fiduciary obligations, a beneficiary with questions about your rights, or someone who wants to make sure your own family never has to go through this, Crow Estate Planning and Probate is here to help. 

Our Franklin estate attorneys, Alexandra Hulme, Thomas Steelman, and John Crow, have guided families through every stage of estate administration in Williamson County, from straightforward small estate matters to complex contested proceedings. We know the local courts, we understand Tennessee probate law, and we will give you a clear picture of your options from day one. 

We serve families throughout Franklin, Brentwood, Spring Hill, Nolensville, Thompson’s Station, and the surrounding communities across Middle Tennessee. Consultations are free and there is no obligation. 

Call us at (615) 996-1400 or send us a message through our website to get started. 

 

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    Where do I begin? I truly can’t say enough nice things about Crow Estate Planning & Probate and Alexandra Hulme, without her and everyone around her, I can truly say I don’t know where I would be today. Like many after losing my mother, I was lost, in a dark place and things weren’t happening how my mother had planned in her trust and will. Before waiting too long, I retained Alexandra’s services and she took me through the process step-by-step. Something that I never thought I could afford or I’d have to do. She knew I wasn’t asking her to do anything more than complete my mother’s last wishes. She did just that. They did it because they’re passionate about what they do. Communication was A+. She never left me hanging. I know family means a lot to her/them. I am indebted to her and these people forever. If you need help, call her today. I promise you won’t be disappointed. Thank you Alexandra from the bottom of my heart.
     
     

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