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What is Probate and the Probating of a Will?

Probate refers to the process of validating a will and executing the language and operative effect of a will. In other words, the probating of a will refers to the process of ensuring that the will is evaluated, approved, and then executed according to the will’s contents when a person’s estate is divided and the assets are disseminated.

The person who drafts a will or has a will drafted for them is called the testator. A testator drafts a will because she wants to control how her assets are divided after the testator passes. Sometimes, we refer to the testator as the decedent (when the testator passes away). Thus, during probate, the process ensures that the decedent’s estate is distributed according to the testator’s intent.

In Tennessee, there are two types of probate: (1) probate in common form and (2) probate in solemn form. Probate in common is often used when there is not expected to be any controversy or anyone contesting the will. A solemn probate form is necessary when it is expected that the will be contested or challenged.

The attorneys at McBrien Armistead Law Group in Wilson County can help ensure that the probate process follows smoothly with the proper filing of the required verified petition containing the necessary information. They also can inform you whether to pursue probate in common or probate in solemn form. They also will know the proper court in Wilson County in order to file the verified petition with the essential information. That court will then have what is called probate jurisdiction — meaning the power to determine and decide the probate process.

Contact an experienced attorney in probate matters and see how we can assist you during this challenging yet vitally important time.

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