Can a minor receive an inheritance in Tennessee?

One of the most heartbreaking situations in probate law is when a minor child loses a parent. A common question that arises is: Can a minor inherit under an estate? The simple answer is no; minors cannot directly inherit property or money until they reach the age of 18.

What Happens When a Minor Inherits?

If a minor is set to inherit through a parent’s Last Will and Testament or as an heir at law (in cases where there is no Will), the inheritance process involves extra steps. Because a minor cannot legally manage their inheritance, a guardianship must be established in probate court.

Establishing Guardianship for the Inheritance

Here’s how it works:

  1. A guardian will be appointed by the probate court to manage the minor’s inheritance. This guardian is responsible for overseeing the funds or property on behalf of the minor until they turn 18.
  2. The court continues to supervise the guardianship to ensure the minor’s inheritance is managed properly. The funds are held in the guardianship account until the minor reaches the legal age of adulthood.

Need Help with Probate or Guardianships?

Navigating the probate process, especially when it involves minors, can be complex and emotional. If you have questions about the probate process or establishing guardianships for minor children, We are here to help.

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Related Practice Areas

Guardianships
Guardianship is about ensuring the future care of your loved one. Douglass & Runger helps you navigate the legal process with clarity and compassion.
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Intestate Estate Administration
When a loved one passes away without a Will, the estate enters into a legal process known as intestate estate administration.
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Probate Law
Probate is a legal and financial process that takes place after someone dies, and involves managing their estate. This includes organizing their assets, money, and possessions, and distributing them as inheritance to their beneficiaries after paying any debts and taxes.
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Probating A Will
When a loved one passes away with a Will, it must go through probate to be legally recognized. This process ensures their assets are distributed according to their wishes, debts are paid, and the estate is settled properly.
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Trust Administration
Trust administration involves managing the assets within the Trust, paying debts and taxes, and distributing assets to beneficiaries according to the terms set by the grantor.
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Trust Litigation
Without proper legal guidance, Trust disputes can escalate quickly, leading to emotional stress, financial loss, and strained family relationships. Trust Litigation ensures that these conflicts are handled fairly and according to the law.
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Will Contests
A will contest is a legal challenge to the validity of a will. These disputes often arise when an heir or beneficiary believes the will does not accurately reflect the deceased's intentions or was executed under questionable circumstances.
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Will Preparation
Will preparation ensures your wishes are honored and your loved ones aren’t left with uncertainty or legal headaches. It’s a simple way to provide clarity and peace of mind for the future.
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