Detailed Answer
Short answer: If the original will is lost or damaged in the mail on its way to the courthouse, Tennessee courts can still admit the will to probate, but the person trying to prove the will (the proponent) usually must present secondary evidence—such as a copy of the will, witness testimony, mailing records, and other proof—that establishes the will’s contents, that the will was validly executed, and that it was not revoked by the testator.
How Tennessee law treats lost or destroyed wills
Tennessee law allows a court to admit a will even if the original cannot be located, provided the proponent proves the will’s existence and contents and shows it was not revoked. The proponent bears the burden of proof. The common forms of proof include:
- A complete copy (typed or photocopy) of the will;
- Testimony or affidavits from the witnesses who attested the will’s signing about its contents and the testator’s signature;
- Testimony from the person who prepared the will (the drafter) about its contents and the testator’s intentions;
- Mailing or delivery records (tracking numbers, certified mail receipts, postal affidavits) showing the will was sent to the court or intended recipient;
- Any contemporaneous documents (email, notes, drafts) that corroborate the final will’s terms.
Where the original was lost or damaged after the testator’s death (for example, lost in transit to the clerk), courts generally treat that as a problem of proof—not necessarily as a revocation. Revocation by destruction requires a showing that the testator intentionally destroyed the will with intent to revoke while alive. Evidence that the original was lost in the mail after death does not by itself show revocation.
Typical court process
- The proponent files a petition to admit the will to probate and attaches the best available evidence (a copy, affidavits, witness statements, mailing records).
- The clerk or judge will set a hearing. Interested persons (heirs, beneficiaries) will receive notice and can object.
- The court evaluates whether the proponent met the required burden (often described as clear and convincing evidence) that the document is the decedent’s will, that it was properly executed, and that the decedent did not revoke it.
- If the court is satisfied, it may admit the copy as if it were the original and appoint a personal representative to administer the estate.
Practical consequences if you cannot prove the will
If the proponent cannot produce sufficient evidence, the court may refuse to probate the copy and the estate could instead be distributed under Tennessee’s intestacy rules (distribution according to statute). That outcome can shift inheritances from intended beneficiaries to relatives named by statute or to the surviving spouse.
Where to find Tennessee law and local probate rules
Tennessee’s laws on wills and probate are found in the Tennessee Code and in local probate court practices. For statute texts and updates, see the Tennessee Code online at the Tennessee General Assembly website: https://www.capitol.tn.gov/. For information about probate court procedure in Tennessee and court contacts, see the Tennessee Judicial Branch homepage: https://www.tncourts.gov/.
Disclaimer: This is general information only and is not legal advice. For advice about a specific situation you should consult a licensed Tennessee attorney experienced in probate and estate practice.
What you should do right now (step-by-step)
- Stop further mailings. Preserve any tracking numbers, certified mail receipts, or post office receipts.
- Contact the courthouse/probate clerk where the will was mailed to confirm whether they received or logged the original.
- If the mail carrier lost the package, file a loss/damage claim with the carrier and get a written incident report.
- Collect and preserve copies of the will (photocopies, digital scans, drafts) and all related correspondence or drafts that show the will’s terms.
- Get sworn affidavits from the witnesses who signed the will and from the person who drafted it and mailed it (if applicable). Ask them to describe the will’s content, the testator’s signing, and the mailing steps they recall.
- Consult a Tennessee probate attorney quickly. Time limits and notice rules apply in probate. An attorney can file any necessary petition and help assemble proof for the court.
Possible outcomes and how long this might take
Outcomes range from quick admission of a copy (if the proof is strong) to contested hearings that can take months. If parties dispute authenticity, expect a longer contested probate that could involve discovery, witness testimony, and possibly a trial. If the evidence fails, the estate may pass by intestacy.
Helpful Hints
- Use certified mail with return receipt or an overnight carrier that provides tracking when sending important estate documents.
- Keep at least one signed and dated copy of the will in a safe place (safe-deposit box or with an attorney) and maintain clear records of who mailed or filed the original.
- If you’re the drafter or witness, keep notes about the signing session and the testator’s statements about intent; those notes can help later.
- Act fast: start the loss/damage report with the carrier and contact the probate clerk as soon as you discover the problem.
- Expect the court to require sworn evidence. Affidavits from witnesses and the person who prepared or mailed the will carry weight.
- If multiple copies exist, bring all copies and explain differences. The court will weigh all evidence to determine the intended final terms.
- Hire an attorney experienced in Tennessee probate if the estate has significant assets or if family members may dispute the will.