I probably hear some variation of this concern more than any other in consulting with estate planning clients: the desire to avoid probate. Whether they have heard horror stories about probate or have been through a rough experience themselves, many folks see avoiding probate as an important way to ease the burden on their loved ones after they pass.
There are two bits of good news for Tennesseans with this concern. First, the probate process in Tennessee is relatively straightforward and inexpensive compared with many other states. In itself, probate is nothing to fear. In fact, sometimes a little court oversight and help from an attorney can help assure surviving family members that they are handling affairs properly.
Second, and more importantly, there are some simple steps you can take to ensure that most if not all of your assets will be distributed outside of the probate process, just in the way your assets are titled. You just want to make sure that, if you are titling your assets as part of your estate plan, that it is done with purpose and an eye on the big picture. A good estate planning attorney can help you think through this process.