Entering a Will For Probate

• You can present a will for probate at any time after the deceased dies. If none of the deceased's assets require transfer of title, probate might not even be necessary. Therefore, Tennessee's estate laws do not require that you submit the will to the court within any prescribed date after the death.
  
  

Minimum Time

• Tennessee requires that a will remain in probate for a minimum of four months. It's not possible for the will's executor to complete all necessary tasks toward settling the estate in less time than this. The executor is the person the deceased names in his will to submit it to probate and to oversee the process of paying his debts and distributing his assets to his beneficiaries.
  
  

Deadlines Involving Creditors

• Within a week after the executor presents the will to the court for probate, she must publish a notice in the newspaper, alerting all of the deceased's potential creditors that he has died. She must also send notice to all the creditors she can ascertain and knows about from reviewing the deceased's paperwork and bank statements. The creditors then have a four-month statute of limitations to submit their claims for payment. If they don't do so before this deadline, the estate does not have to pay them.
  
  

Executors' Deadlines

• Shortly after assuming office, the executor must create a comprehensive list of all assets owned by the deceased, whether she mentioned them specifically in her will or not. The executor must submit the list to the court within two months from the date he gives the will to the probate court and begins the probate process.
  
  

Statutes of Limitation for Will Contests

• Two statutes of limitations exist for an heir who wants to contest a will. In most cases, he has two years from the date the will first enters probate. This can be problematic if the estate has closed by then and the executor has distributed the deceased's assets to other heirs. If you believe you have cause to challenge a will, speak with an attorney immediately to address the problem. The estate could potentially close within five months, after the creditors' statute of limitations to make claims expires. If a more recent will has been located, it takes precedence over the one that was probated, however. Tennessee lifts the two-year statute of limitations in this event. There is no deadline for producing a newer will after the first one has cleared probate.