Russ Cook & Associates, PC
view our Practice areas

Events that can extend the probate process

After a loved one passes away, his or her estate and assets will typically go through probate. This is the legal process of identifying and distributing property, paying off debts and generally resolving a person's financial affairs.

It can be a complicated and frustrating process, and people often want to get through it as quickly as possible. While some cases are resolved in a matter of weeks, events can arise that delay the probate process

Disputes over the will

Will contests can become bitter, lengthy court battles that can extend the probate process considerably. Often, these cases involve claims of undue influence, forgery or invalid documents that require careful inspection and legal attention. The probate process cannot continue until a will contest claim has been resolved.

It is also worth mentioning that will disputes can also create or exacerbate tension between family members, which can also hinder the probate process.

Issues with the administrator

Estate administrators have considerable responsibilities and duties to perform. If they fail to do so in a timely manner, make avoidable mistakes or engage in misconduct, then probate can take much longer. 

Administrators can avoid these issues by working with an attorney who can help them avoid mistakes and stay on top of the many tasks for which they are responsible.

Difficulty tracking down property

As noted in Tennessee probate laws, property that a person owns in his or her sole name at the time he or she passes away are assets that require probate. These assets include bank accounts, real estate, life insurance policies, jewelry, furniture and motor vehicles.

However, to distribute these assets, an administrator must first track them down. If someone is attempting to conceal something or no one knows where to find a specific item, it can delay the probate process. 

Avoiding delays during probate

Delays for any reason can be frustrating during probate. However, they can and do happen when people disagree over what should happen. To avoid or minimize delays, people should be sure they have clear, comprehensive and valid estate planning documents in place. Should disagreements arise, parties can work with an attorney to pursue a swift, fair resolution to the matter.

No Comments

Leave a comment
Comment Information

What Our Clients Are Saying About Us

  • Star

    “I recently moved to TN from MN and needed to re-do my trust documents, including a pet trust, to be compliant with TN law, and to find an entity able to act as my trustee. Russ and his staff were able to answer all of my questions quickly and efficiently, and I am comfortable and confident in Russ's representation and that my new documents will act as they are intended, when the time comes. They even put me in touch with a trustee who was involved in the process as well, which was so helpful. This was a big item on my move "to-do" list, and I am so pleased to have it completed!”

    - Kim J.
  • Star

    “We would definitely recommend Russ and any of his Associates. They are all very professional, efficient and well versed in Estate Planning.”

    - Cheryl H.
  • Star

    “Experienced, Knowledgeable, Friendly, Professionals all work here. I'm grateful my parents used this firm to create and maintain their Trust throughout the years. Working with the folks at Russ Cook & Associates, primarily Alex, Debby and Trina made the process comfortable working through Probate, Estate assets and Executing the Trust.”

    - Kemp S.
  • Star

    “Excellent work. They worked with us and never allowed us to miss a deadline. We definitely appreciated their help and would gladly recommend them to anyone seeking help with their estate planning.”

    - Mark S.
  • Star

    “Everyone we came in contact with was wonderful. The staff and Russ treated us like family at all times.”

    - June S.
  • Star

    “Being new to the area having moved from out of state, I was searching for an attorney to assist in elder estate planning for my mother. I was referred to Russ Cook & Associates and found the firm as a whole and Russ Cook himself to be very helpful and accommodating to my needs, as well as experienced and very knowledgeable on the matter I was seeking assistance. I would definitely recommend Russ Cook and Associates.”

    - Brad H.
  • Star

    “Mr. Cook and his staff were phenomenal to work with on my will. They are extremely professional and friendly and made the process seamless. They go above and beyond!”

    - Amber C.
  • Star

    “Russ took the time to answer my questions by email, so that I knew exactly what would take place when I visited his office and his time as well as mine was used efficiently. I appreciated his thoroughness and his professionalism, as well as that of his staff.”

    - JoAnn G.
  • Star

    “Overwhelmingly positive experience.”

    - Stephen W.
  • Star

    “I have been a client for many years. Russ and his staff listen to our concerns, come up with a plan and help us act on it with guidance and professionalism. I'd highly recommend Russ Cook and Associates.”

    - Dr. S. D'Amico
Email Us For A Response

Schedule An Initial Consultation Today

Contact us today to schedule a consultation by sending us an email or by calling 615-200-9117.
We assist clients throughout the Nashville area.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Brand Contact

5141 Virginia Way
Suite 220
Brentwood, TN 37027

Phone: 615-200-9117
Fax: 615-370-5938
Brentwood Law Office Map

Office Hours:
Monday: 8:00 AM – 4:30 PM
Tuesday: 8:00 AM – 4:30 PM
Wednesday: 8:00 AM – 4:30 PM
Thursday: 8:00 AM – 4:30 PM
Friday: 8:00 AM – 4:30 PM

Summer Hours Office:
8:00 AM - 1:00 PM on Fridays
May 24th Through August 30th

Map Image