What Really Happens to DIY Wills in Probate Court
When most people say “I just want to avoid probate,” what they really mean is: I want things to be clear and simple. Today I sat down with Probate Court Judge Andra Hedrick from Davidson County, Tennessee, to demystify what probate actually is, why clarity matters, and how well‑intended “simple” Wills (handwritten notes, internet forms, AI drafts) can create complicated outcomes later on.
A Will isn’t a magic key the moment you sign it. It becomes legally effective only IF the court admits it to probate, confirming the basic requirements (like the right signatures, witnesses, and formalities) have been met.
What Probate Is (and Isn’t)
Think of probate as the court‑supervised process to prove a Will and carry out what it says. In straightforward, uncontested situations, much of this can happen on paperwork, sometimes without a hearing. In others, families need the court’s help interpreting unclear language or resolving disagreements.
Judge Hedrick reminds us that probate courts handle more than estates. In Tennessee, they oversee guardianships for minors who inherit money (parents don’t automatically control a child’s inheritance) and conservatorships for adults who need help making decisions due to disability or cognitive decline.
Where DIY Wills Often Go Sideways
This isn’t about shaming anyone who tried to save time or money. It’s about understanding common pitfalls so you can make confident, informed choices.
1) Missing the “catch‑all.” Homemade or form-based Wills often forget the residuary clause—the simple line that says who receives “everything else” not listed explicitly. Without it, assets like a second bank account, a car, or household items may be left in limbo.
2) Conflicting or vague sentences. Even if a DIY Will is valid procedurally, the wording can create multiple possible interpretations. That’s when families (and lawyers) spend time and money trying to reconcile what the decedent meant.
3) Silence about debts and expenses. From mortgages and medical bills to taxes and legal/accounting fees—if a will doesn’t say how to pay them, beneficiaries may assume “not me.” That’s where conflict can start.
Judge Hedrick’s bottom line:
“It is so much more expensive to do the cleanup work on the back end than it is to just do the document properly in the first place.”
Clarity Is a Kindness
The most tender, family‑first step you can take? Write your wishes clearly, and keep them current. Judge Hedrick puts it succinctly:
“The best thing you can do—because you’re going to die, everybody’s going to die—is make your wishes clear, in writing, and up to date.”
Clarity also includes how much you share with loved ones while you’re alive. You don’t need to disclose every detail, but letting close family know that you have a will, where it’s kept, and who helped you draft it can prevent painful surprises.
For Parents and Caregivers: Guardianships & Conservatorships
Two quick clarifications Judge Hedrick emphasized:
Minor children who inherit: A surviving parent does not automatically manage a minor child’s inheritance. A guardian, which may be the surviving parent, must be legally appointed to manage the child’s inheritance. It isn’t automatic. The court monitors this to protect the child’s interests.
Adults who need help: A conservatorship (terminology varies by state) can authorize someone to make decisions when an adult can’t safely do so. It’s a heavy step, and courts aim for the least restrictive solution that still protects the person at the center of the case.
Listen to the Full Conversation
If you’ve ever wondered what really happens when a Will “goes to probate,” this episode is a thoughtful, clear guide from someone who sees it every day.
Listen:
