Legal Question in Wills and Trusts in Tennessee
wills
If a father that has deceased and did noy leave a will to his only son, will it go into probate and if so, how long will it be in probate? And does the court appoint an attorney to handle such?
Asked on 2/26/07, 6:10 pm
1 Answer from Attorneys
Frank J. Pyle
Probate Attorney Throughout Florida
Re: wills
If the father had no spouse, everything passes to his son. Having a will (or not having a will) does not dictate probate. What matters is whether the assets had a co-owner or a beneficiary named on the asset/account. If not, they go through probate. The son, or his guardian if underage or incapacitated, would begin the process by hiring an attorney to prepare the paperwork. The court will take no acttion until a Petition is filed with the court. Depending on the assets involved probate can take a few days or 4-6 months.
Answered on 2/27/07, 9:50 am
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