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When a loved one passes away or a trust becomes active, someone has to step in and handle the legal, financial, and practical details. That “someone” is often an executor, personal representative, or trustee who may be doing this for the first time and does not want to make a mistake.
At TN Probate Lawyer, attorney Jana Davis Lamanna guides fiduciaries through every stage of estate and trust administration in Memphis and across Shelby County. With over two decades of experience in probate, estate, guardianship, conservatorship, and trust matters, along with recognition in Super Lawyers and Best Lawyers in America, Jana helps clients move from confusion to a clear plan of action.
Whether you are opening an estate in Shelby County Probate Court, administering a Tennessee trust, or coordinating with out-of-state family members, our goal is to keep you informed, compliant with Tennessee law, and on track to a proper closing of the estate or trust.
Who We Help
We regularly assist:
- Executors and Personal Representatives named in a will, or appointed by the court when there is no will
- Administrators handling intestate estates (where the person died without a will)
- Trustees of revocable and irrevocable trusts, including family, special needs, and charitable trusts
- Families and beneficiaries seeking clarity on their rights, timelines, and expected distributions
- Out-of-state fiduciaries who need a Memphis-based probate lawyer to handle local filings, court requirements, and logistics
Estate Administration in Tennessee: What It Involves
Estate administration is the court-supervised process of settling a person’s affairs after death. In Tennessee, that generally happens through the probate courts in the county where the person lived at the time of death, such as Shelby County Probate Court for Memphis residents.
Typical responsibilities of the executor or personal representative include:
- Filing a petition to open the estate and admit the will, or request appointment as administrator if there is no will
- Obtaining Letters Testamentary or Letters of Administration, which give legal authority to act on behalf of the estate
- Providing notice to heirs, beneficiaries, and creditors and observing Tennessee creditor claim deadlines
- Identifying, securing, and valuing estate assets, including real estate, bank and investment accounts, business interests, and personal property
- Paying valid debts, taxes, and administration expenses in the proper legal order
- Preparing an accounting and distributing remaining assets according to the will or, if there is no will, under Tennessee intestacy law
Throughout this process, we help you understand what the court expects, what must be documented, and how to reduce the risk of personal liability as a fiduciary.
Small Estates and Alternatives to Full Probate
Not every Tennessee estate requires a full, formal probate. In appropriate circumstances, there may be simplified options, such as:
- Limited letters for small estates when the value of eligible personal property is at or below the statutory threshold, subject to specific conditions and a waiting period after death
- A petition to admit a will as Muniment of Title to address Tennessee real estate in narrow situations
- Use of beneficiary designations, joint ownership, and “pay-on-death” or “transfer-on-death” designations that pass outside of probate
We review the asset mix and titles at the beginning of the case to determine whether a full estate administration is necessary or whether a streamlined procedure may be available.
Trust Administration: How It Differs from Probate
Trusts often avoid formal probate, but trust administration is not automatic. Tennessee trustees are still held to high fiduciary standards of loyalty, prudence, and impartiality, and must follow both the trust document and Tennessee law.
Common trustee responsibilities include:
- Reviewing the trust agreement, identifying beneficiaries, and understanding distribution standards (for example, “health, education, maintenance, and support”)
- Taking control of trust assets, updating titles and registrations as needed
- Managing and investing assets prudently for the benefit of current and future beneficiaries
- Keeping detailed records, preparing accountings, and providing required information to beneficiaries
- Paying valid expenses and obligations owed by the trust
- Making distributions according to the trust terms, including ongoing management for minors, individuals with disabilities, or multi-generational families
Our firm advises trustees on day-to-day decisions, helps structure distributions, and works to prevent misunderstandings between trustees and beneficiaries before they turn into formal disputes.
How TN Probate Lawyer Supports Executors, Personal Representatives, and Trustees
We provide practical, step-by-step guidance tailored to your role and the complexity of the estate or trust. Our services may include:
- Initial strategy session and roadmap
Turning court rules and trust provisions into a clear checklist, timeline, and communication plan. - Court filings and compliance
Drafting and filing petitions, notices, inventories, receipts, and final accountings, and coordinating with Shelby County Probate Court and other Tennessee counties as needed. - Asset marshaling and valuation
Locating and gathering financial accounts, retirement plans, real estate, vehicles, business interests, and personal property, and coordinating appraisals when appropriate. - Creditor notice and claim management
Ensuring proper notice to creditors, reviewing and prioritizing claims, resolving disputes over amounts owed, and closing the claim period correctly. - Real estate and title coordination
Assisting with sales or transfers of Memphis-area property, working with title companies, and addressing issues such as muniment of title or heirship documentation where appropriate. - Tax and professional coordination
Working with your CPA or tax preparer on final income tax returns, estate or trust tax returns, and required information reporting. - Beneficiary communication and expectations management
Helping you explain the process, share updates, and structure distributions in a transparent way that reduces friction and questions.
Problem-solving and litigation support
If disagreements arise about a will, trust terms, capacity, undue influence, or alleged mismanagement, attorney Jana Lamanna also handles probate and trust litigation and can represent you in mediation or court.
What to Expect in Memphis and Shelby County
While every family and estate is different, there are some practical points that are common in the Memphis area:
- Timelines vary. A straightforward Tennessee estate can sometimes be completed in six months or so, while more complex or contested matters may take a year or longer, especially if there is real estate to sell or significant creditor activity.
- Local rules matter. Shelby County Probate Court has its own local rules for issues such as small estates, muniment of title, and fiduciary bonds. We make sure your filings and procedures align with those requirements.
- Out-of-state fiduciaries are common. Many children or trustees live outside Tennessee. We regularly coordinate by phone, email, and video, handle local signatures and filings, and help out-of-state fiduciaries comply with Tennessee law.
- Good records reduce risk. Courts and beneficiaries expect clear documentation of what was collected, paid, and distributed. We help you build and maintain that paper trail from the beginning.
If you are unsure which path applies to your situation, a brief consultation can help you understand your options and next steps.
Get in touch
Memphis-Area Service Region
TN Probate Lawyer assists estate and trust clients throughout Memphis and West Tennessee, including:
- Memphis (Downtown, Midtown, East Memphis)
- Bartlett, Cordova, and Millington
- Germantown and Collierville
- Arlington, Lakeland, and nearby Shelby County communities
If your loved one lived elsewhere in Tennessee or owned property in multiple counties, we can discuss how that affects where and how the estate or trust should be administered.
FAQs: Estate and Trust Administration in Memphis, Tennessee
1. Do all estates in Tennessee have to go through probate?
No. Some assets pass outside of probate, for example assets in a properly funded trust, jointly owned property with right of survivorship, or accounts with pay-on-death beneficiaries. In addition, Tennessee allows a limited procedure for certain small estates that meet statutory requirements.
However, many estates, especially those with real estate, business interests, or disputes, still require a formal probate in the county probate court. We can review your situation and explain whether a full administration is needed.
2. How long does estate administration usually take in Tennessee?
For a relatively simple, uncontested estate, it is often possible to complete administration in about six months to a year. Timelines are influenced by creditor claim periods, tax filings, the need to sell property, and whether any disputes arise.
Estates with complex assets, tax issues, missing information, or active disputes can take longer. At the outset, we help you understand realistic timelines and major milestones.
3. What is the difference between an executor (or personal representative) and a trustee?
An executor or personal representative is appointed to settle a deceased person’s probate estate by gathering assets, paying debts and taxes, and distributing what remains according to the will or Tennessee law.
A trustee manages assets that are already in a trust, often over many years. Trustees must follow the trust document and Tennessee trust law, invest prudently, keep accurate records, and treat beneficiaries fairly.
Both roles are fiduciary roles, meaning the person must act in the best interests of the estate or trust and its beneficiaries.
4. Can I serve as executor or trustee if I live outside Tennessee?
Often, yes. Tennessee law does not automatically bar out-of-state executors or trustees, although certain practical and bonding requirements can apply. Many Memphis-area estates are handled by children or relatives who now live in other states.
Our firm regularly assists out-of-state fiduciaries by handling local court filings, coordinating with the probate clerk, and arranging remote communication so you do not have to travel for every step.
5. What happens if a beneficiary disputes my decisions or challenges the will or trust?
Disagreements can arise over many issues, including the validity of the will, how the trust is interpreted, whether someone exerted undue influence, or how assets are being managed or distributed. In these situations, experienced counsel is essential.
Jana Davis Lamanna represents fiduciaries and beneficiaries in probate and trust litigation, and also uses tools such as negotiation and mediation to try to resolve disputes efficiently. If you are concerned about a potential challenge, it is wise to seek advice before responding or taking further action.
6. Are executors and trustees paid for their work?
In many cases, yes. Tennessee law and most governing documents allow reasonable compensation for executors and trustees, taking into account the size and complexity of the estate or trust and the amount of work involved.
We can review the will or trust, explain local expectations, and help you document your time and efforts so that any compensation is transparent and defensible.
7. I am worried the previous executor or trustee mismanaged assets. Can you help?
If you suspect mismanagement, such as missing assets, unexplained withdrawals, failure to provide information, or disregard for the will or trust terms, you may have options. These can include requesting a formal accounting, seeking removal of the fiduciary, or pursuing legal remedies in probate or chancery court.
We can analyze what has happened so far, explain your rights as a beneficiary or co-fiduciary, and outline potential next steps.
Talk with a Memphis Estate and Trust Administration Attorney
Serving as an executor, administrator, or trustee in Tennessee carries real legal responsibilities, but you do not have to figure it out alone.
To discuss your situation with a Memphis estate and trust administration attorney, contact TN Probate Lawyer and schedule a consultation. We will review where things stand, explain your options, and help you move forward with confidence and clarity.
Important: This webpage is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your specific situation, please consult an attorney licensed in Tennessee.