Murfreesboro Probate Lawyer

Probate Lawyer Murfreesboro, TN

If someone in your family has recently passed away and left behind property, bank accounts, or other assets, you are likely facing probate. The process is not optional in most cases. And if you have never been through it before, the legal requirements, court filings, and creditor notice deadlines can feel overwhelming, especially while you’re grieving.

Our Murfreesboro, TN probate lawyer has guided families through estate administration in Tennessee for over 20 years. Patterson Bray PLLC offers free consultations, and we can help you understand what probate involves, what your responsibilities are as a personal representative, and how to move through the process without unnecessary delays or costly mistakes.

Why Choose Patterson Bray PLLC for Probate in Murfreesboro, TN?

Attorneys Who Focus on Probate and Estate Administration Daily

Larry R. Bray devotes his entire practice to estate planning, post-death administration, trust administration, and related matters. He has been helping clients protect their futures more than two decades. Larry is admitted to practice in five states, including Tennessee, Kentucky, Wyoming, and New York, and he is also admitted before the United States Tax Court. He earned his accounting degree cum laude and his Juris Doctor from the University of Memphis Cecil C. Humphreys School of Law.

Lindsay A. Jones concentrates her practice in the same areas. Lindsay graduated with a joint J.D.M.B.A., cum laude, from the University of Memphis, where she received the Herbert Herff Trustees Full Tuition Scholarship. She is admitted in Tennessee and Mississippi and serves as President of the Planned Giving Council of Greater Memphis.

Successful Estate Administration Across Complex Situations

Patterson Bray has administered estates involving significant assets and complicated family situations. Larry Bray accomplished the efficient business succession plan for a $10 million company at the death of an owner without court interference or additional tax liability. He also managed the successful transfer of a $30 million estate tax-free to heirs using gifting strategies to irrevocable trusts.

These results reflect what experience looks like in practice. The difference between a smooth administration and a drawn-out dispute often comes down to how the estate was set up and how the personal representative was advised.

A Firm That Serves the Murfreesboro Community

Patterson Bray represents clients throughout Middle Tennessee, including Murfreesboro and Rutherford County. As an estate planning lawyer in Murfreesboro, TN, we understand the local probate process, the filing requirements at the Rutherford County Clerk’s office and Chancery Court, and the specific procedures that apply here.

⭐⭐⭐⭐⭐ “Judith Denham at Patterson Bray was a joy to work with. She is knowledgeable, intelligent, friendly, and attentive.” — Ben Legett

Read more reviews on our Google Business Profile.

Types of Probate Cases We Handle in Murfreesboro

We handle every stage and type of probate matter for Murfreesboro families. Here are the primary areas where we help.

Full probate administration. When a loved one dies with or without a will, someone has to open the estate, inventory assets, notify creditors, pay debts and taxes, and distribute what remains. We guide personal representatives through every step of this process.
Wills. Before an estate can be administered, the will must be admitted to probate. We handle both common form and solemn form proceedings, depending on whether a contest is anticipated.
Small estate administration. Tennessee allows a simplified process for estates valued at $50,000 or less in personal property. We help families determine whether they qualify and prepare the required affidavit.
Estate litigation. Sometimes family members disagree. Will contests, disputes over the personal representative’s actions, and conflicts between beneficiaries all require legal representation. We handle contested probate matters when they arise.
Trust administration. Not all assets pass through probate. Trusts operate outside the probate process, but they still require proper administration after the grantor’s death. We handle trust funding, distributions, accountings, and tax filings.
Creditor claims and debt resolution. One of the personal representative’s most important duties is managing creditor claims. We help ensure proper notice is published, evaluate claims that are filed, and resolve disputes with creditors when necessary.
Contingency probate. In certain situations, probate cases may be handled on a contingency basis. This depends on the specific facts of the case.
Out-of-state executor guidance. When an executor lives outside Tennessee, additional requirements apply. We help out-of-state executors navigate bonding, agent-for-service requirements, and remote administration.

Tennessee Legal Requirements for Probate

Probate in Tennessee is governed by Title 30 of the Tennessee Code Annotated, and understanding the key deadlines and requirements can prevent serious problems.

The process begins when a will is filed with the probate court in the county where the deceased lived. Under Tennessee law, wills should be filed within a reasonable time after death, and the personal representative must be appointed by the court before they have any legal authority to act. The court issues letters testamentary (if there is a will) or letters of administration (if there is no will), and those letters are what give the personal representative the ability to access bank accounts, sell property, and manage estate affairs.

Within 60 days of appointment, the personal representative must file an inventory of probate assets with the court, notify all beneficiaries, and file a notice with TennCare confirming the decedent’s death, as required under T.C.A. § 30-2-301. The personal representative must also publish a notice to creditors under T.C.A. § 30-2-306. Creditors then have four months from the date of first publication to file their claims, or those claims are barred permanently.

For estates valued at $50,000 or less in personal property, the Tennessee Small Estate Probate Act (T.C.A. § 30-4-101 et seq.) provides a simplified alternative. The affidavit cannot be filed until at least 45 days after the date of death.

If someone dies without a will, T.C.A. § 31-2-104 controls distribution. The surviving spouse receives the entire estate if there are no children. If there are children, the spouse gets one-third or a child’s share, whichever is greater.

In Rutherford County, probate matters are handled through the County Clerk’s office and the Chancery Court. Both have specific local filing procedures that an experienced probate attorney in Murfreesboro will be familiar with.

Important Aspects of a Probate Case in Murfreesboro

Inventory and Asset Valuation

The personal representative is responsible for locating every asset owned by the decedent, from real estate and vehicles to retirement accounts and personal property. Each asset must be accurately valued. For items like real estate or business interests, professional appraisals may be needed. Missed assets create problems later, including potential personal liability for the representative. We help clients conduct thorough searches so nothing gets overlooked.

Managing Creditor Claims

Publishing the notice to creditors starts a clock. Four months. Claims filed after that window are barred under Tennessee law. But the personal representative also has a duty to send actual notice to known creditors. Failing to do this can result in personal liability for the representative if a creditor later proves they should have been notified. We make sure the proper steps are followed and evaluate every claim that comes in.

Dealing With Family Disputes

Even with a clear will, disagreements happen. One sibling may feel the distribution is unfair. Another may question whether the personal representative is acting in good faith. Sometimes a family member challenges the will entirely, alleging undue influence or lack of capacity. These disputes slow everything down and increase costs. Having an attorney involved from the beginning often prevents them from escalating.

Filing Tax Returns for the Estate

The personal representative must file the decedent’s final income tax returns. If the estate generates income during administration, such as rental income or investment gains, a separate estate tax return may also be required. Tennessee repealed its inheritance tax effective January 1, 2016, but federal estate tax rules still apply to larger estates. The filing deadlines are strict, and errors can result in penalties.

Distributing Assets to Beneficiaries

After all debts, taxes, and expenses are paid, the remaining assets are distributed to the beneficiaries named in the will or to the heirs under intestacy law. The personal representative cannot make distributions prematurely. Distributing assets before creditor claims are resolved exposes the representative to personal liability. We advise clients on the proper timing and method for every distribution.

Closing the Estate

The final step is filing a petition for settlement with the court, accounting for all assets received and disbursed, and requesting that the personal representative be discharged. Until the court enters the order of discharge, the personal representative’s duties continue. We handle the final accounting and make sure the estate is closed properly.

Contact Patterson Bray PLLC

If you need a Murfreesboro probate attorney, we are ready to help. Patterson Bray offers free consultations for probate and estate administration matters. Whether you’ve just lost a loved one and need guidance on opening an estate, or you are already serving as personal representative and feel stuck, we can step in at any point in the process.

Contact us to schedule a consultation. We serve clients throughout Murfreesboro, Rutherford County, and all of Middle Tennessee.