Probate & Estate Issues / Will Contests in Tennessee
Nashville Probate & Will Contest Lawyers
The loss of a loved one is hard enough on its own. Sorting out their finances, property, and last wishes through the probate process can add a heavy emotional and administrative burden—especially when family members don’t agree on what should happen. Questions about the validity of a will, who should serve as executor, or how assets are being handled can quickly turn grief into conflict.
Freeman & Fuson helps families throughout Middle Tennessee navigate probate and estate administration under Tennessee law, including the rules found in T.C.A. Title 30 (Administration of Estates) and T.C.A. Title 32 (Wills). Whether you simply need guidance to open and complete a straightforward estate, or you are facing a dispute or will contest, we can walk you through the process and protect your rights at every step.
Understanding Probate in Tennessee
“Probate” is the legal process of:
- Proving a will is valid (if there is a will)
- Identifying and gathering the decedent’s assets
- Paying valid debts and expenses
- Distributing what remains to the proper heirs or beneficiaries
In Tennessee, probate and estate procedures are governed largely by T.C.A. Title 30, which sets out:
- How an estate is opened in court
- How an executor or administrator is appointed
- How creditors’ claims are handled
- How and when final distributions are made
Depending on the estate, the process can be relatively simple or quite complex.
Factors that affect difficulty include:
- Whether there is a valid will
- Whether there are blended families or prior marriages
- Whether there is real estate, a family business, or significant investments
- Whether any family members or beneficiaries object to what’s happening
Our firm guides executors, administrators, and family members through each stage so they can focus on grieving and moving forward—not deciphering legal procedures alone.
What If There Is No Will?
If someone dies without a will (intestate), Tennessee’s intestacy laws in T.C.A. Title 31 determine who inherits.
Assets may be divided among:
- A surviving spouse
- Children or descendants
- Parents, siblings, or other relatives
In these situations, the court will appoint an administrator instead of an executor.
Disputes often arise over:
- Who should serve as administrator
- Whether someone is mishandling estate assets
- How property should be divided when the statute’s formula clashes with family expectations
We help families understand what Tennessee law requires and, where necessary, litigate disputes over administration or distribution.
Will Contests in Tennessee
Sometimes the question is not just “what does the will say,” but whether the will is valid at all. Tennessee will law, found in T.C.A. Title 32, sets out requirements for:
- Proper execution of a will (generally, a writing signed by the testator and properly witnessed)
- Capacity to make a will
- Revocation and replacement of prior wills
A will contest typically arises when someone believes:
- The will was not properly signed or witnessed
- The person making the will (the testator) lacked mental capacity
- The will was the product of undue influence by a caregiver, relative, or other person
- Someone exerted pressure or control over the testator at a vulnerable time
- There is a later will that should control instead of an older version
- Fraud, forgery, or concealment occurred
Tennessee law places time limits on when a will can be contested after it’s admitted to probate. If you believe something is wrong, it’s important to speak with an attorney as soon as possible so potential claims aren’t lost by delay.
Common Probate & Estate Disputes
Even when a will meets the formal requirements, families can still find themselves in conflict over:
Who should serve as executor or administrator
Allegations that the personal representative is mismanaging or misusing estate funds
Disagreements over how to interpret ambiguous will provisions
Disputes between a surviving spouse and children from a prior marriage
Claims that certain transfers were really gifts, loans, or elder financial abuse
Disputes over joint accounts, beneficiary designations, or payable-on-death (POD) arrangements
Questions about whether property belongs to the estate or to someone else
Tennessee statutes on claims, accountings, and distributions in T.C.A. Title 30 provide tools to:
Require executors or administrators to provide accountings
Challenge improper payments or transactions
Seek removal of a personal representative in serious cases
We use these tools to make sure estates are handled fairly and transparently.
Grounds for Challenging a Will
Every will contest is different, but common grounds include:
Lack of Testamentary Capacity
The person making the will must understand:
- The nature and extent of their property
- The natural objects of their bounty (who their family and intended beneficiaries are)
- The general nature of what a will does
If illness, dementia, medications, or other conditions left the person unable to meet these requirements, a challenge may be appropriate.
Undue Influence
Undue influence occurs when someone exerts improper pressure or control over the testator, such that the will reflects the influencer’s wishes more than the testator’s. Warning signs include:
- A dramatic change in the will late in life
- A new beneficiary in a position of power or trust (caretaker, new “friend,” relative)
- Isolation of the testator from family
- The influencer arranging or being present for the will’s preparation and signing
Improper Execution
Tennessee’s will statutes in T.C.A. Title 32 require certain formalities—such as witness signatures—unless specific exceptions apply (for example, in some handwritten/holographic will situations). Wills that don’t meet these requirements may be vulnerable to challenge.
Fraud or Forgery
If signatures are forged, pages are substituted, or the testator is tricked into signing something they don’t understand, the will may be invalid.
We analyze medical records, witness testimony, drafting attorney files, and family history to determine whether a challenge is warranted—or to defend against one if you’re trying to uphold the will.
How Freeman & Fuson Helps in Probate & Will Disputes
Our work in probate and will contests typically includes:
1. Guiding Personal Representatives
We help executors and administrators:
Open the estate in the proper court
- Provide required notices to heirs and creditors
- Collect and value assets
- Handle creditor claims under Tennessee probate procedures in T.C.A. Title 30
- Make distributions and close the estate correctly
2. Representing Heirs & Beneficiaries
We advise heirs and beneficiaries who are concerned about:
- Whether they’re receiving what the will or law entitles them to
- How the executor or administrator is handling assets
- Whether a will is valid or should be contested
3. Litigating Will Contests & Estate Disputes
When negotiation isn’t enough, we are prepared to litigate:
- Will contests (capacity, undue influence, execution defects, fraud)
- Actions for accountings or removal of personal representatives
- Disputes over specific bequests, real estate, or business interests
- Claims involving misuse of funds before death (such as powers of attorney or joint accounts)
4. Seeking Practical, Family-Sensitive Resolutions
Probate and estate disputes often involve people who must continue to see each other at holidays, family events, or through shared property. When possible, we pursue mediated and negotiated resolutions that protect your rights while minimizing long-term family damage.
Talk to a Nashville Probate & Will Contest Lawyer Today
The probate process is stressful enough without legal uncertainty and family conflict. Whether you’re administering an estate or questioning the validity of a will, you don’t have to navigate Tennessee’s probate system alone—call Freeman & Fuson at (615) 298-7272 or contact us online for a confidential consultation, and we’ll help you understand the probate process, evaluate any potential disputes or will contests, and pursue the strongest path to protect your loved one’s wishes and your legal rights.