Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When someone dies in Tennessee, their loved ones often need to confirm whether the decedent created a valid will or other estate planning documents. Here’s how you can verify this under Tennessee law:
1. Search Personal Files and Safe Locations
Begin by examining the decedent’s home, safe deposit boxes, attorney’s office, and digital storage for original wills, trusts, powers of attorney, or advance healthcare directives. Important documents often reside in a fireproof safe or a lawyer’s vault.
2. Contact the County Probate Court
In Tennessee, original wills are filed with the clerk of the probate court in the decedent’s county of residence. To check if a will has been lodged:
- Visit or call the probate court clerk’s office and request a records search.
- Provide the decedent’s full name and date of death.
- If a will exists, you can obtain a certified copy for probate.
The statute governing will filing is Tenn. Code Ann. § 32-1-105, which requires custodians of an executed will to deliver it to the clerk within five days after the testator’s death. See Tenn. Code Ann. § 32-1-105.
3. Review Probate Court Dockets
Check online or in-person dockets for any recent filings in the probate division. If someone has initiated probate, the petition will note whether a will was offered for probate and identify witnesses.
4. Verify Will Validity Requirements
Under Tennessee law, a valid will must be in writing, signed by the testator (or by another at the testator’s direction), and witnessed by at least two credible witnesses. When a will is submitted to probate, the clerk or judge verifies these requirements per Tenn. Code Ann. § 32-1-103. See Tenn. Code Ann. § 32-1-103.
5. Address Lost or Destroyed Wills
If an original will cannot be located but there’s proof it existed—such as a copy or credible witness testimony—the court may admit a copy to probate. Tennessee’s lost-will statute is Tenn. Code Ann. § 32-1-104. See Tenn. Code Ann. § 32-1-104.
Helpful Hints
- Ask close family members or friends if they know of any estate planning documents.
- Check with financial institutions; they may hold safe deposit keys or custody records.
- Search digital files and email accounts for scanned or digital copies of wills.
- Contact the decedent’s attorney or accountant for insights or copies.
- Document every search step—courts may require proof you conducted a thorough inquiry.
- Act promptly: Tennessee law imposes deadlines for filing wills and contesting probate.