Probate & Estate Administration

Biddle, Trew and Parr, LLP
20 Washington Avenue
Athens, Tennessee 37371
Phone: 423-745-3573
Fax: 423-745-9044

I know I need a will, but I don’t want to go through the process.  What all is involved?

We make the will process as simple as possible.  Either through a phone call or personal visit, you can tell us what it is you want and we will do the rest.  Once your will is ready for execution, you simply come to the office and sign the will in the presence of two witnesses and a notary public.  After that, you will have peace of mind knowing that you have a will in place in the unfortunate event of death.

What is the charge for a Living Will?

We do living wills free of charge. 

Can I do a Trust arrangement for another individual such as my child?

Yes.  Trusts can be created during your lifetime or upon your death, and may be created for the benefit of any person or entity.  They are a little more involved than a will, but from your end, the process is still fairly simple.  You give us the information and explain what you want, and we will do the rest.

Someone in my family has died, and I would like to know if there was a will.  How do I that?
If you are a beneficiary under the will, you are entitled to a copy of the will.  Contact the personal representative, and he/she will provide you with a copy if are beneficiary.

What do you do with an Estate after someone had died?

If there was a will, then you “Probate” the will.  If there is not a will, you should administer or probate the Estate.  The process is not always required, but in many instances it is required.  We provide probate consultation meetings free of charge.

Is it always necessary to probate a will?

No.  Probating a will is generally only necessary when you need to transfer title to another person, or access bank accounts or other items that were in the deceased’s persons name only.  Generally, a spouse who receives anything under the will does not need to probate a will unless there were items owned by the deceased’s spouse in his name, which were not held jointly.

You should contact a lawyer to determine whether or not probating the will is necessary.  If you are advised to probate the will, be sure to ask the lawyer why this process is necessary.

How long does the probate process take?

Once a petition is filed to probate a will or administrate an Estate, creditors must be given four months to file a claim against the Estate.  Known creditors must be given actual notice.  Additionally, a notice must be published in the paper notifying unknown creditors of the decedent’s passing.  Generally, the Estate is not closed until at least six months after the petition to probate has been filed.  In many cases, the probate process can take up to a year or longer depending on the amount of assets involved and the number of creditors who’ve filed a claim against the Estate.

What should I do if a family member has died?

You may contact our office for a free initial consultation regarding your options and legal rights.