A Knoxville Lawyer Dedicated To Protecting And Preserving Families.

Probate & Estate Administration

Do you need help in administering the estate of a deceased loved one, or do you need help in obtaining the inheritance you’re entitled to?

At the Family Law Practice of David A. Montgomery, a large part of my practice is devoted to assisting families and individuals with their probate and estate administration legal needs. People deserve to know that there is an experienced and compassionate lawyer who cares about helping them address all the legal issues that arise when a beloved family member passes away.

Maybe you don’t need help administering a deceased person’s estate as Executor or Administrator, but you are one of the deceased’s heirs who may not be receiving the inheritance you’re entitled to. If so, I can help you protect your rights and ensure that the deceased’s estate will be administered properly.

An Experienced Probate and Estate Administration Lawyer

If you’ve been named as Executor in a deceased person’s Will, or if you want to be appointed as Administrator of a deceased person’s estate if he or she died without a Will, then I, attorney David Montgomery, am ready to help you. I will assist you in being appointed as Executor or Administrator of the estate by the appropriate Probate Court, and then I will guide you through the many legal and financial steps of administering the estate until it is complete.

My full range of probate and estate administration services include:

  • Probate of Wills (common form and solemn form)
  • Administration of intestate estates
  • Assisting Executors and Administrators in the administration of estates
  • Assisting Trustees in the administration of trusts
  • Representing beneficiaries under a Will or intestate heirs-at-law
  • Will contests

This comprehensive range of services can help ensure a smooth probate or estate administration process. Please see the FAQ below to learn more about how I can guide you through this often-complex situation.

Your Probate Questions Answered

Navigating the probate process can raise many questions. Here are some common queries to provide more clarity.

What assets are subject to probate in Tennessee?

Generally, any assets solely owned by the deceased must go through probate. This includes real estate, bank accounts, investments, vehicles, and personal property. However, assets that are owned jointly with another person or that pass directly to named beneficiaries, such as life insurance proceeds or retirement accounts, may avoid probate.

How long does probate take?

The duration of probate can vary significantly based on the complexity of the estate, but most probates in Tennessee take around 6 to 12 months. Larger or contested estates can take longer to resolve, potentially extending to several years or more. An experienced probate attorney can help streamline the process as much as possible.

How long do you have to open probate after someone dies?

In Tennessee, there is not a specific deadline for filing for probate and beginning the administration of the estate.  However, it’s advisable to begin the process as soon as practicable to avoid potential complications.

Contact Attorney David A. Montgomery

Turn your probate and estate administration legal matters over to me, so your family may celebrate the life of your loved one in peace. Call me at 865-643-8452 or send an email requesting to meet for a consultation.

Testimonials

David was very professional handling my mom’s estate. He gave me great advice and was so much help. We were very unprepared for this circumstance and because I live out of state all transactions were handled by phone or email but I couldn’t say enough about how professional and courteous he was. I would highly recommend David for any legal need you may have.”  Lori G.

“I was both the beneficiary and executor of an estate that unfortunately became the target of a common dispute from family members who felt they weren’t getting their fair share. In navigating this challenging situation, David Montgomery proved to be an absolute godsend. My wife and I chose him from a list of estate attorneys because his bio reflected kindness and strong family values that resonated with us. His reasonable rates, along with his commitment to refund any unused portion of the retainer, immediately inspired trust and reassurance.

David stayed on top of everything, providing honest and clear updates as the situation evolved. His expertise, intelligence, and diligence allowed him to represent my interests effectively, even in the face of complex arguments and legal maneuvers. He accomplished all of this while navigating the nuances of a small rural court—a setting that can sometimes be challenging for outside attorneys. David handled it with skill and ease, ensuring my case received the attention it deserved. I can’t recommend David enough. He is a remarkable attorney, and I would not hesitate to have him represent me again in the future.”   David L.