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Important Facts About Probate

Focused, personal representation for Tennessee families and businesses, with offices in Nashville and Memphis.

Last Updated: Aug 25, 2026

Read Time: 3 mins

After an individual dies, their will is subject for probate. This is a legal process utilized to help settle estate that a deceased person has not delegated. Assets that have not been put into a trust are the portion of the will that will be taxed. The probate process is a crucial step so that assets can be moved to beneficiaries. Probate is not often appreciated because it is so expensive and takes quite a bit of time to complete. Accessing a will or estate planning can be difficult, so contacting a lawyer, like an estate planning attorney trusts, can help give you guidance and support throughout the probate process. The details of probate can vary depending on the state that you live in and is vital to remember that probate can be circumvented.

Many assets are not required to go through probate. This is the case when inheritances, money gifts, and life insurance policies come into play. The beneficiary named on the deceased’s accounts, like retirement or joint bank accounts, are given to them upon the death of their partner. These do not have to go through probate. Any asset in which the beneficiary has been appointed already by the descendant does not need to be assigned in probate court. It is important to contact an estate planning attorney to learn more information about the probate process and assets that may be able to avoid probate altogether.

Assets are Required to Withstand Probate

Unfortunately, a lot of assets are required to go through probate court. Real estate properties owned by the deceased, any bank accounts that are not assigned to a beneficiary or in a joint account, any valuable personal property that belonged to the deceased, and anything not included in a will are subject to pass through probate. In the tragic event where the deceased does not leave behind a will, all of their assets have to pass through probate court. Once the probate process has been completed, which can take years, beneficiaries can be determined. It’s important to note that if there is not a will identifying beneficiaries, the court will make a determination around this by taking into account close family and friends.

Contacting an estate attorney is advised. He or she will have knowledge of estate planning and will be able to support you in getting through the probate process as easily and quickly as possible. Making sure that you have an estate plan or will in place can help save your beneficiaries from a lot of emotional and financial grief..The grief process can be very difficult, with an estate plan in place, and the help of an attorney, your loved one will be able to navigate through probate with ease.

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Client Reviews

    
 
 
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   Nancy Wallace 
 1 days ago
 
 
 Trustindex verifies that the original source of the review is Google. If you are looking to do estate planning, go with Patterson Bray! They are excellent to deal with!
  
 
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   Cheryl Adkins 
 2 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We loved the staff at Patterson Bray.  Everyone was very professional.  Judith was very thorough and explained everything extremely well.  We would recommend Patterson Bray to anyone.
  
 
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   Hailey Wade 
 26 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Patterson Bray PLLC did an excellent job with my grandmother's estate planning, and made everything easy to understand! She recommended them to a friend who went and is also very satisfied with their services.
  
 
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   Deb Clark 
 31 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My experience with this firm, particularly Judith Denham has been truly exceptional.  From the consultation to the finish, the attention to detail, listening and responding to my needs.  My documents were completed timely and professionally.  I highly recommend Patterson Bray.
  
 
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   Tanya White 
 31 days ago
 
 
 Trustindex verifies that the original source of the review is Google. PattersonBray Estate Planning was an incredible firm to work with setting up our Trust. Judith Denham was thorough, very smart, and personable as she patiently explained each part.  Gabby put together  a very professional beautiful binder for us to have, and has answered questions we have had since  then. I am so glad they were recommended to us, and we had them to walk us through this procedure.
  
 
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   Charmaine Sego 
 32 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Patterson Bray did a great job with my mother's trust.
  
 
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   Phil Chamberlain 
 48 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Patterson Bray PLLC - first class lawyers.
  
 
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   Catherine McGee 
 68 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Heath Taylor was a genuine joy to work with during my divorce: straight forward, professional, and knowledgeable. I do hope I never have the need to acquire more legal help, but if I do, he'll be my first call. Thank you for everything, Heath!!
  
 
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   Marva Johnson 
 74 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I FOUND PATTERSON BRAY AND JUDITH DENHAM TO BE PROFESSIONAL, VERY THOROUGH, AND PERSONAL. I DID NOT FEEL LIKE A CLIENT, BUT A PERSON. I AM SO IMPRESSED WITH THEM, ESPECIALLY JUDITH AND GABBY. VERY GRATEFUL FOR ASSISTANCE.
M.JOHNSON
  
 
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   Pam Nicole 
 75 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We set up a trust with Judith, at Patterson Bray and we received excellent service. Everything was explained thoroughly and everyone was very friendly and professional. I would definitely use her and the firm again, if needed.

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