How to Avoid the Need for a Probate Lawyer in Nashville

Probate word made of square letter word on grey background.

If you are dealing with an estate that has to go through the probate process in Tennessee, your smartest move is going to be to work with a probate lawyer in Nashville.  There are cases where very simple estates will move through fairly easily, but there is still a matter of paperwork, accounting, etc. to consider; and a probate lawyer can save you an incredible amount of time and hassle.  

The best way to avoid the need for a probate lawyer in Nashville is to make sure that your estate planning has been done in advance.  This means that you’ve set up wills, trusts, and any other applicable legal documents so that those you leave behind won’t have to deal with taking the entire estate through the court system.  Trusts, such as a revocable living trust, are one of the most common tools for avoiding probate, but there are some other possible options. 

Small Estates 

Some people think that having a will means that your estate will bypass the process.  However, any reputable probate lawyer in Nashville will tell you that this isn’t the case.  Having a will is certainly still important, as it provides important directions for the passing of your estate, but it doesn’t get your heirs off the hook when it comes to probate. 

If the estate is truly a “small” one, then you may be able to avoid probate.  This can happen in cases where the only thing left behind is personal property.  In these situations, there is no true estate to be inherited.  The laws regarding the allowable value of an estate to be considered in this group do change, so it might be helpful to at least chat with a Nashville probate lawyer to see if the estate qualifies.  If so, the heir may be able to create an affidavit that will work instead of going through probate.  There are also some simplified court procedures available to heirs of these very small estates. 

Payable-on-Death Accounts

Many banks and other financial institutions allow for accounts to be transferred after death without going through probate.  It’s a good idea to discuss your inheritance plan with a Nashville probate lawyer or estate planning attorney to ensure that this is a good option for you. This kind of planning has to be done in advance and should take your entire estate plan into account.  

These are just a couple of tools available to those who want to avoid the eventual need for a probate lawyer.  If they have not been put into place, or you’re not sure if these rules apply to you, we invite you to schedule a free call with us to see how we can help.  


How Remote Notary Works

How Remote Notary Works

Here at GALS Nashville, I had my very first online remote notary signing for a client. It was really easy to immediately get their documents notarized and filed with the clerk’s office. So basically, one smooth action that didn’t take very much time, and I didn’t need to print anything.

I prepared the documents, we signed them electronically, I notarized them electronically, and then I uploaded them to the clerk’s website. It is a pretty seamless process, and I am hoping more clients choose to go this way in the future. This new process will save you so much time since there’s no coming to the office or finding a bank or UPS store to get your documents notarized. 

All of the security protocols are within the software. I use a software called SIGNiX that’s based out of Chattanooga. They use knowledge-based authentication (KBA), which is required under regulations controlling remote notaries under the state of Tennessee.

How it works:

  1. We prepare all the required documents
  2. Sign electronically on Zoom with me
  3. I notarize electronically
  4. I file the document with the clerk’s office
  5. Done!

Information you must provide in order to use the remote notary application:

  1. Date of Birth
  2. Social Security Number
  3. Some Information from your credit history 
  4. Photo ID

What equipment you need in order to use the remote notary application:

  1. A phone or computer with a webcam

This made the process so much smoother and I was just amazed at how easy it is!

So, if you have something that you need notarized, feel free to contact our office. If you’re a current client and you know you have something that needs to be notarized coming up, feel free to ask us about that, and we’ll probably be approaching you about it as well. 

I hope that more people will start to use this remote notary application in the future. If you have any questions or just want to know more, you can schedule a complimentary call with us here!