Probate

Probate is the process of settling the estate of a deceased person. This typically involves the distribution of assets and resolution of claims that may be filed against the estate. The attorneys at Kious, Rodgers, Barger, Holder & Kious, PLLC realize that dealing with the death of a loved one can be extremely difficult. Our goal is to help minimize the difficulty of Probate so that you can focus on more important matters during this difficult time.
Legal Advice

Q: I inherited real property. How do I get the property into my name?

A: In Tennessee unless real property is specifically devised in a Will, it passes immediately at death to the heirs at law of the deceased individual. So for example, real property owned by parents will pass to the children (each getting an equal share) upon the parents’ deaths unless otherwise specified in the parents’ Wills. Theoretically nothing is needed to insure that the real property is conveyed to the heirs – it happens automatically by law. However, if real property is specifically devised through a valid Will, it will be necessary to either open a full probate estate, or if a full probate is unnecessary, open a limited probate simply for the purpose of administering the real property (this is called muniment of title). If you have inherited real property (through a Will or otherwise), you should contact an attorney to insure that the proper procedures are followed.