Detailed Answer
Discovering a decades-old will in Tennessee triggers specific steps under Tennessee Code Annotated (T.C.A.) to verify authenticity and open probate. Follow these six steps to guide you through the process.
1. Secure and Inspect the Will
Immediately place the original document in a safe, dry location. Avoid handling it unnecessarily. Note the date, signatures, and witness attestation clause. Check for any possible amendments or codicils.
2. Verify Authenticity Under T.C.A. § 32-3-101
Tennessee requires that a will be in writing and signed by the testator and two competent witnesses. Review T.C.A. § 32-3-101 for formal execution requirements:
T.C.A. § 32-3-101. If the will lacks witness signatures, you may need to prove due execution under the lost-will statute.
3. Prove a Lost or Unattested Will (If Applicable)
If the original is missing signatures or a copy is offered, you must provide evidence of due execution. Tennessee allows proof by two credible witnesses or a combination of one witness and clear, convincing circumstantial evidence:
T.C.A. § 32-3-105.
4. File a Petition for Probate
File your petition in the county where the decedent resided at death. Include:
- Certified death certificate.
- Original will (or a clear copy if lost with proof of execution).
- List of heirs and beneficiaries.
- Proposed personal representative.
The court clerk will assign an estate file number and schedule a hearing.
5. Notify Interested Parties
Under T.C.A. § 30-2-306 you must give public notice and send direct notice to all heirs, beneficiaries, and creditors at least seven days before the hearing:
T.C.A. § 30-2-306. Proof of notice must be filed with the court.
6. Attend the Probate Hearing and Obtain Letters Testamentary
At the hearing, the judge will review authenticity, evidence, and any objections. If approved, the court issues Letters Testamentary, empowering the personal representative to manage and distribute assets according to the will.
Potential Challenges: A will discovered decades later may face objections on grounds of fraud, undue influence, or lack of capacity. Any contestant must file within one year of the will’s admission under T.C.A. § 32-3-107.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Tennessee probate attorney for guidance.
Helpful Hints
- Interview potential witnesses promptly; memories fade with time.
- Compare signature styles with other documents if available.
- Keep the original will in a fire-proof safe once located.
- Gather a complete list of assets and creditors before filing.
- Consider hiring an estate attorney experienced in Tennessee probate.