Wills, Estate Planning & Probate Lawyers in Tennessee

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Retaining an experienced estate planning and probate attorney in Tennessee ensures your assets are protected and your legacy is transferred in accordance with state statutory codes. Skilled legal counsel structures wills, revocable living trusts, and healthcare directives while steering estates efficiently through county probate procedures. Explore our statewide directory below to connect with a verified Tennessee estate lawyer.
Legal Aid of East Tennessee - Chattanooga, TN - Attorney in Chattanooga
Legal Aid of East Tennessee - Chattanooga, TN

Legal Aid of East Tennessee - Chattanooga, TN

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100 W M.L.K. Blvd, Chattanooga, Tennessee
Free Consultation
Specializing in: Domestic Violence Injunctions, Contested and Uncontested Divorce, Child Custody, Tenant Eviction Defense, Public Benefits, Elder Law, Power of Attorney, Consumer Protection
Donna Tees, Attorney At Law - Nashville, TN - Attorney in Nashville

Donna Tees, Attorney At Law - Nashville, TN

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2021 Richard Jones Rd, Nashville, Tennessee
Free Consultation
Specializing in: Divorce, Child Custody, Adoption, Probate
Lyda Law Firm - Nashville, TN - Attorney in Nashville

Lyda Law Firm - Nashville, TN

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40 Burton Hills Blvd #200, Nashville, Tennessee
Specializing in: Small Business Law, Startups, Civil Litigation, Real Estate
Hickman, Goza & Spragins, PLLC - Memphis, TN - Attorney in Memphis

Hickman, Goza & Spragins, PLLC - Memphis, TN

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5050 Poplar Ave, Memphis, Tennessee
Specializing in: Insurance Defense, Professional Malpractice, Probate Litigation
Travis Meeks Attorney at Law - Clarksville, TN - Attorney in Clarksville
Travis Meeks Attorney at Law - Clarksville, TN

Travis Meeks Attorney at Law - Clarksville, TN

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135 Franklin St, Clarksville, Tennessee
Free Consultation
Specializing in: Criminal Defense, DUI Defense, Family Law, Contested Divorce, Child Custody, Estate Planning, Personal Injury
Michael Don Harrell - Attorney at Law - Memphis, TN - Attorney in Memphis
Michael Don Harrell - Attorney at Law - Memphis, TN

Michael Don Harrell - Attorney at Law - Memphis, TN

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1884 Southern Ave, Memphis, Tennessee
Free Consultation
Specializing in: Insurance Disputes, Bankruptcy Protection, Juvenile Defense
Nashville Probate Attorney - Nashville, TN - Attorney in Nashville
Nashville Probate Attorney - Nashville, TN

Nashville Probate Attorney - Nashville, TN

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2701 Berrywood Dr A, Nashville, Tennessee
Specializing in: Probate Administration, Estate Planning, Trusts
LAURICE E. SMITH, PC - Memphis, TN - Attorney in Memphis

LAURICE E. SMITH, PC - Memphis, TN

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119 S Main St, Memphis, Tennessee
Specializing in: Probate, Elder Law, Estate Planning
Carpenter & Lewis PLLC - Knoxville, TN - Attorney in Knoxville
Carpenter & Lewis PLLC - Knoxville, TN

Carpenter & Lewis PLLC - Knoxville, TN

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10413 Kingston Pike, Knoxville, Tennessee
Free Consultation
Specializing in: Revocable Living Trusts, Last Will and Testament, Powers of Attorney, Living Wills, Special Needs Trusts, Estate Tax Reduction, Probate Estate Administration, Business Formation and LLCs, Small Business Contracts
Robertson Law Group - Nashville, TN - Attorney in Nashville
Robertson Law Group - Nashville, TN

Robertson Law Group - Nashville, TN

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555 Marriott Dr Suite 315, Nashville, Tennessee
Specializing in: Surety Law, Construction Litigation, Business Disputes, Probate, Wills and Trusts
Law Office of Meghan A. Bodie - Knoxville, TN - Attorney in Knoxville
Law Office of Meghan A. Bodie - Knoxville, TN

Law Office of Meghan A. Bodie - Knoxville, TN

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800 S Gay St, Knoxville, Tennessee
Free Consultation
Specializing in: Adoption, Child Custody, Divorce, Estate Planning, Grandparents' Rights, Domestic Violence
Heeg Law, PLLC - Memphis, TN - Attorney in Memphis

Heeg Law, PLLC - Memphis, TN

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6000 Poplar Ave, Memphis, Tennessee
Free Consultation
Specializing in: Business Startups, Entertainment Law, Estate Planning
Legal Aid Society of Middle Tennessee and the Cumberlands - Clarksville Office - TN - Attorney in Clarksville
Legal Aid Society of Middle Tennessee and the Cumberlands - Clarksville Office - TN

Legal Aid Society of Middle Tennessee and the Cumberlands - Clarksville Office - TN

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109 S 3rd St, Clarksville, Tennessee
Free Consultation
Specializing in: Domestic Violence Orders of Protection, Contested Divorce, Child Custody, Child Support, Housing and Eviction Defense, Foreclosure Prevention, Consumer Debt Relief, Power of Attorney, Wills
Geeter Law Office, PLLC - Chattanooga, TN - Attorney in Chattanooga
Geeter Law Office, PLLC - Chattanooga, TN

Geeter Law Office, PLLC - Chattanooga, TN

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600 Georgia Ave, Chattanooga, Tennessee
Specializing in: Contested Divorce, Uncontested Divorce, Child Custody, Child Support, Criminal Defense, Wills and Estate Planning, Power of Attorney, Probate
Otten Law, PLLC - Knoxville, TN - Attorney in Knoxville
Otten Law, PLLC - Knoxville, TN

Otten Law, PLLC - Knoxville, TN

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200 Prosperity Dr, Knoxville, Tennessee
Free Consultation
Specializing in: Stepparent Adoption, Relative Adoption, Private Adoption, Foster Care Adoption, Wills and Trusts, Real Estate Disputes, Flat Fee Legal Services
Community Legal Center - Memphis, TN - Attorney in Memphis

Community Legal Center - Memphis, TN

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80 Monroe Ave Suite 415, Memphis, Tennessee
Free Consultation
Specializing in: Immigration Services, Elder Law, Tenant Rights, Uncontested Divorce
Cobb Law Group, LP - Memphis, TN - Attorney in Memphis

Cobb Law Group, LP - Memphis, TN

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5050 Poplar Ave, Memphis, Tennessee
Free Consultation
Specializing in: Deportation Defense, Family Visas, Estate Planning
The Baer Firm - Memphis, TN - Attorney in Memphis
The Baer Firm - Memphis, TN

The Baer Firm - Memphis, TN

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200 Jefferson Ave, Memphis, Tennessee
Specializing in: Estate Planning, Probate, Landlord Tenant Disputes, Auto Accidents, Family Law
J. Frank Hall, Jr., Attorney at Law - Memphis, TN - Attorney in Memphis
J. Frank Hall, Jr., Attorney at Law - Memphis, TN

J. Frank Hall, Jr., Attorney at Law - Memphis, TN

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1355B Lynnfield Rd, Memphis, Tennessee
Specializing in: Estate Planning, Probate Administration, Wills and Trusts
Tarpy, Cox, Fleishman & Leveille, P.L.L.C - Knoxville, TN - Attorney in Knoxville
Tarpy, Cox, Fleishman & Leveille, P.L.L.C - Knoxville, TN

Tarpy, Cox, Fleishman & Leveille, P.L.L.C - Knoxville, TN

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1111 N Northshore Dr, Knoxville, Tennessee
Free Consultation
Specializing in: Chapter 7 Bankruptcy, Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Business Litigation, Probate Administration, Estate Planning, Divorce and Family Law, Personal Injury
Freeland Martz, PLLC - Chattanooga, TN - Attorney in Chattanooga
Freeland Martz, PLLC - Chattanooga, TN

Freeland Martz, PLLC - Chattanooga, TN

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200 W M.L.K. Blvd, Chattanooga, Tennessee
Specializing in: Business Formation, Commercial Litigation, Elder Law, Estate Planning, Homeowners Association Law, Landlord Tenant Law, Gun Trusts, Second Amendment Civil Rights
Sherrard Roe Voigt & Harbison, PLC - Nashville, TN - Attorney in Nashville

Sherrard Roe Voigt & Harbison, PLC - Nashville, TN

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1600 West End Ave Suite 1750, Nashville, Tennessee
Specializing in: Healthcare Law, Corporate Law, Commercial Litigation, Estate Planning
Trailhead Estate Planning, PLLC - Chattanooga, TN - Attorney in Chattanooga
Trailhead Estate Planning, PLLC - Chattanooga, TN

Trailhead Estate Planning, PLLC - Chattanooga, TN

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1200 Mountain Creek Rd, Chattanooga, Tennessee
Free Consultation
Specializing in: Revocable Living Trusts, Irrevocable Trusts, Estate Tax Planning, Last Will and Testament, Powers of Attorney, Probate Administration, Trust Administration
Parham Estate Law - Memphis, TN - Attorney in Memphis
Parham Estate Law - Memphis, TN

Parham Estate Law - Memphis, TN

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1715 Aaron Brenner Dr, Memphis, Tennessee
Specializing in: Asset Protection, Living Trusts, Probate Administration, Business Succession Planning, Wills
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Tennessee Probate Jurisdictions & Estate Administration Framework

Estate administration and probate proceedings across Tennessee are adjudicated primarily within county Chancery Courts or dedicated Probate Courts, such as the Probate Court of Davidson County in Nashville and the Shelby County Probate Court in Memphis. In other counties, such as Knox and Hamilton, probate matters are presided over by the Chancellor in the Chancery Court division.

Tennessee estate planning encompasses comprehensive wealth preservation, including revocable living trusts, irrevocable asset protection trusts, durable financial powers of attorney, and advance healthcare directives. When a decedent passes away, local counsel assists personal representatives with formal probate petitions, asset inventories, and resolving complex creditor claims.

Filings are coordinated electronically where available through county court clerk systems and managed under the supervision of the Tennessee Supreme Court. Retaining an attorney who is an active member of the Tennessee Bar Association ensures that estate instruments adhere strictly to state execution formalities and protect heirs from avoidable estate litigation.

Fee Structures for Tennessee Estate Planning & Probate Services

Case ScenarioFee StructureEstimated Cost (USD)Key Cost Determinants
Basic Estate Plan (Will, POA, Healthcare Directive)Flat Fee$1,000 - $2,500Marital status, straightforward asset distribution, selection of testamentary guardians.
Revocable Living Trust PackageFlat Fee$2,500 - $6,000Real estate deed transfers, pour-over wills, trust funding complexity, tax structuring.
Uncontested Formal Probate AdministrationHourly Rate or Percentage$3,500 - $8,500+Estate solvency, number of heirs, creditor notification requirements, asset liquidation.
Contested Will Caveat / Trust LitigationHourly Rate with Retainer$7,500 - $25,000+Undue influence claims, lack of capacity challenges, forensic handwriting audits, trial length.

Critical Legal Deadlines & Statutes in Tennessee

Tennessee probate law enforces precise statutory timelines that govern creditor rights, estate filings, and surviving spouse entitlements. Under Tenn. Code Ann. § 30-2-306, general creditors have four months from the date of first publication of notice to creditors to file claims against the probate estate, or twelve months after the date of death if no notice was published.

For estates with modest personal property, the Tennessee Small Estates Act provides a streamlined administration procedure for estates valued at $50,000 or less, excluding real estate, under Tenn. Code Ann. § 30-4-103. Execution of a valid last will and testament must satisfy Tenn. Code Ann. § 32-1-104, requiring the testator signature and the signatures of at least two competent witnesses in the testator presence. Surviving spouses seeking an elective share must petition the court within nine months of the decedent death pursuant to Tenn. Code Ann. § 31-4-102, with statutory elective shares ranging from 10% to 40% based on the duration of marriage under Tenn. Code Ann. § 31-4-101.

General Sessions Limits vs. Chancery Court Probate Proceedings

Under Tenn. Code Ann. § 16-15-501(d)(1), the Tennessee General Sessions Court has civil jurisdiction capped at $25,000. However, General Sessions Courts do not exercise subject matter jurisdiction over probate administrations, will contests, or trust litigation. Probate matters are reserved exclusively for county Chancery Courts or specialized Probate Courts.

Navigating probate without legal representation exposes personal representatives to individual fiduciary liability. Executors face complex obligations, including filing mandatory notices with the Bureau of TennCare to satisfy Medicaid estate recovery claims under Tenn. Code Ann. § 71-5-116 before releasing funds. Retaining a dedicated Tennessee probate lawyer protects personal representatives from personal liability, ensures compliance with Chancery Court orders, and resolves disputes over elective shares and intestate succession efficiently.

Red Flags to Avoid When Selecting Estate Planning Counsel

  • Generic Online Trust Kits: Steer clear of document services that do not customize instruments for Tennessee trust laws or fail to execute deeds funding real property into the trust.
  • Overlooking TennCare Estate Recovery: Beware of attorneys who settle estates without properly verifying and clearing potential medical assistance claims under Tenn. Code Ann. § 71-5-116.
  • Opaque Fee Structures for Probate: Avoid firms that demand arbitrary percentages of gross estate value rather than transparent hourly or fixed fees for standard probate administration.
  • Inexperience in Local Chancery Courts: Ensure your attorney regularly practices before the local Chancellor or Probate Judge in your specific Tennessee county.

Frequently Asked Questions

What is the monetary limit for a small estate affidavit in Tennessee?

Under Tenn. Code Ann. § 30-4-103, estates valued at $50,000 or less in personal property, excluding real estate, qualify for simplified administration under the Tennessee Small Estates Act.

How long do creditors have to file claims against a Tennessee estate?

Pursuant to Tenn. Code Ann. § 30-2-306, creditors must file claims within four months of the first published notice to creditors, or within twelve months of death if notice is not published.

What are the legal requirements for a valid will in Tennessee?

Under Tenn. Code Ann. § 32-1-104, a will must be in writing, signed by the testator, and witnessed by at least two competent witnesses who sign in the testator presence and in the presence of each other.

What is the elective share for a surviving spouse in Tennessee?

Under Tenn. Code Ann. § 31-4-101, a surviving spouse can elect to receive between 10% and 40% of the decedent net estate, depending upon the length of the marriage.

Does a revocable living trust avoid probate in Tennessee?

Yes. Assets properly titled in a revocable living trust transfer directly to designated beneficiaries upon death, bypassing the Chancery Court probate process entirely.

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