The Law offices of J. Vincent Perryman
901-347-0647

Memphis Probate

What is Probate?

In Memphis and all of Tennessee, probate is the process of transferring a deceased individual’s property to the proper recipients. The deceased individual is also known as a decedent. The Probate Court oversees the process to ensure that the transfers follow the correct law. The Court recognizes the authority of an executor named the decedent’s will to act on behalf of the decedent’s Estate. If the decedent died without a will they are said to have died intestate and the Court will appoint an administrator to act on behalf of the decedent’s Estate. Both executors and administrators are referred to as the personal representative of the estate. The personal representatives are responsible for gathering the assets of the estate, notifying all interested parties (creditors, heirs and beneficiaries), filing required documents, and distributing assets.

What is the Probate Process?

In general there are two types of probate proceedings Testate and Intestate. Both begin when an individual passes away. That individual is known as the decedent. If the decedent left a will they are said to have died Testate. If the decedent failed to leave a will they are said to have died Intestate. Both proceedings require that an interested party willing to serve as the personal representative of the estate file a petition with the probate court an estate be opened. After the filing of the petition the Court will hold a hearing on the petition. During this hearing the Court will hear proof required to open an estate; at the end of the hearing the Court will appoint a personal representative of the estate. The personal representative is known as an executor in testate proceedings and as an administrator in intestate proceedings; there is no requirement that a personal representative be an attorney. The Court charges the personal representative with certain duties. These duties generally include filing an inventory and accounting with the Court, marshalling or collecting assets of the estate, giving notice to beneficiaries or heirs at law, as well as the creditors of the decedent. The personal representative must also file the appropriate tax forms with both the State of Tennessee and the Federal Government. The estate must use estate assets to pay all valid bills, debts, and taxes of the decedent. After all debts have been paid and no other creditors or taxes are due, the money can be distributed to the beneficiaries or heirs at law. Watch a video explaining the Probate process.

What is a Probate Attorney?

A probate attorney is an attorney that regularly and consistently practices law before the probate court. During the legal process of a probate, your probate attorney is available to prepare and file all necessary pleadings and forms to facilitate the probate process and help with any legal advice and proceedings that are involved. The probate process is complex and tedious therefore we recommend consulting a probate attorney when there are assets of the estate. Your probate attorney should not only be approachable and responsive, but also have the ability to explain the intricacies of the probate process in a simple and clear way.

How do I Choose a Memphis Probate Attorney?

There are several highly qualified Memphis probate attorneys. In choosing a Memphis probate attorney you need to select an attorney that regularly and consistently practices law before the Memphis probate court. While there are many attorneys that have handled a simple probate matter, they may not understand certain intricacies unless they regularly and consistently practice before the probate court. Their lack of knowledge and experience could end up costing you more money in attorney fees. Even the most simple probate matter can very quickly turn into something complex. Therefore, you should select a Memphis probate attorney with experience handling complex probate matters. Your Memphis probate attorney should not only be approachable and responsive, but also have the ability to explain the intricacies of probate process in a simple and clear way. This will make an already difficult situation a little more bearable.

What is Probate Court?

In general Probate Courts are courts that handle the appointment of a personal representative for the estate of a decedents. Probate Courts also make certain that a personal representative properly carries out their duties owed to an estate. The Shelby County Probate Court is located in Memphis, Tennessee and handles matters including Wills and Estates, Trusts, Conservatorships, Guardianships, Name Changes, Correction of Birth Certificates, and Judicial Hospitalizations under the Mental Health Law.

If you would like more information or if you are in need of legal advice or legal assistance, please contact a Memphis Attorney.




5100 Wheelis Drive
Suite 100
Memphis, TN 38117

PH: 901-347-0647
FX: 901-255-0745

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The Law Offices of J. Vincent Perryman
5100 Wheelis Drive, Suite 100, Memphis, TN 38117
Ph: 901-347-0647
Fx: 901-255-0745

Providing legal services for Memphis Tennessee and surrounding areas.
Memphis lawyer and Memphis attorney services.
Disclaimer: Use of this website does not create an attorney-client relationship.