What Documents Are Required in the Probate Process?

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When a person dies without a will in Tennessee, his or her estate is subject to the probate process. The probate process also covers anything that the will does not expressly give instructions about.

Probate can be a rather long process, and if you are attempting to figure out how to manage the estate of a recently deceased loved, it can be helpful to know which forms and documents will be required by the court in order to complete the probate process, also known as “closing the estate.”

The obvious document that signifies the end of the probate process is a court order to close the estate. However, the Tennessee Courts state that such an order will not be valid unless it is also accompanied by the following documents:

  • You must provide a motion or petition to close the estate in lieu of settlement if you wish to forego a detailed accounting of the estate.
  • For the closure to take place, a hearing date must be communicated to all beneficiaries and heirs.
  • Each beneficiary must either provide a release of the estate or else it must be proven that all claims against the estate have been released and/or satisfied.
  • You must ensure all known creditors of the decedent have been given notice of the closure and confirm this via a sworn statement.
  • If the decedent was over 55 years of age, you must obtain a release from the Bureau of TennCare.
  • You will also need a certificate/receipt from the Department of Revenue.

If all of the above items are satisfied, and if the will has been fully completed, the probate process may then be closed. This also requires the will to be proven as a legally enforceable document.

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