Last will can be a complicated matter. It is often an unexpected priority and can be confusing. Here is our guide to navigating a last will and testament.

The Will and the “Testament”

The will is simply a document detailing how the individual wishes to dispose of his or her property following death. “Testament” refers to the person validating the will, the contents, and his or her signature on the will. A will is a legal document, and as a legal document, it must conform to statutory requirements. Since the will is a final declaration of the deceased, the state aims to provide leeway on validation. They take into consideration what is valid and what is not.

Do I Need a Will?

If a person dies without a will, then the estate must be probated. Probated can mean a long, expensive, and sometimes litigious process. Although it seem like handing the property and money is the main problem, it is not. An issue of a probate is paying creditors and possibly satisfying liens the family did not know.

Current laws regulate which creditors and family members are paid out of the estate. Unfortunately, without a will, the court must be the one to determine who, how, and when the payments can occur.

Do I Need a Lawyer?

Probate laws change regularly and vary widely between the states. It is not uncommon to have property or heirs in various states. An attorney who understands the probate process, and the ever-changing state laws regarding wills and probate, can help. An attorney ensures your property allocates after death with minimum stress to your loved ones. It is important not to wait until the last minute to write one’s will. Wills can change during the testator’s lifetime, and the attorney will advise you on how to do this as well.

Our lawyers can navigate the Tennessee probate laws, and help you draw up a will and keep it current. For more information visit us online here. You can call today for a consultation at (423) 764-0690. Stay ahead of the process by completing your last testament today.