How to Confirm an Original Will in Tennessee

Detailed answer — what to look for and what to do

This guide explains how to tell whether a will is the original (the signed, legally effective document) or only a copy under Tennessee law, and what steps to take if you have only a copy. This is an educational summary, not legal advice. If you need binding legal help, talk with a Tennessee probate attorney.

1. Why it matters

The probate process in Tennessee generally requires the court to see the original will when a person dies. An original will is the signed, attested document that the testator (the person who made the will) signed in the presence of required witnesses and, when applicable, a notary. If only a copy is available, the court will want proof about why the original is not produced and whether the will was validly executed and not revoked.

2. Quick signs that a document is likely the original

• Hand-signed signature(s) in ink on the document itself (usually on the final page). Originals normally show ink that sits on the paper and may have slight indentations.
• Original witness signatures on the will (attesting witnesses typically sign the last page in Tennessee).
• A self-proving affidavit attached or stapled to the will. Many wills in Tennessee include a sworn, notarized affidavit signed by the testator and the witnesses that allows the will to be accepted without live witness testimony at probate.
• A notary seal or jurat on an attached self-proving affidavit (raised or inked seal or a notary stamp and notary signature).
• Paper characteristics that look like original stationery (thickness, watermark, pen pressure, staple marks) instead of toner/photocopy texture.

3. How to examine the document safely

1. Do not alter it. Avoid folding, writing on, or putting stickers on the document.
2. Use good light and a magnifier if needed to verify ink, hand-signed names, and witness signatures on the last page.
3. Look for a separate self-proving affidavit (usually a short sworn statement signed in front of a notary by the testator and witnesses and often stapled to the will).
4. Photograph the document (both sides, close-ups of signatures and any seals) and preserve the photos and the original in a secure place (locked box, attorney’s office, safe deposit box). Note: if a probate dispute is likely, preserve chain-of-custody evidence about how you received the will.

4. Practical steps to confirm whether the will is the original

• Ask the person who gave you the will where they got it. Did they remove it from a safe-deposit box, the decedent’s home, or an attorney’s file? If an attorney prepared the will, the attorney may have the original or will know where it was filed.
• Contact the decedent’s attorney (if known) and any banks for a safe-deposit box. Many attorneys keep original wills in their client files or will file them in a secure place.
• Call the local probate court in the county where the decedent lived. Probate courts can tell you whether an original has already been filed for probate. Tennessee probate court information is available from the Administrative Office of the Courts: https://www.tncourts.gov/programs/probate-court
• If you have a copy but not the original, check for an attached self-proving affidavit. If the will is self-proved, the court often admits it without needing witness testimony; confirm local practice with the probate clerk.
• If witnesses are alive and locatable, you can obtain sworn statements or testimony from them confirming they saw the testator sign. Witness testimony is the common way to prove execution when an original is missing or when the will is challenged.
• If you suspect the document is a photocopy, compare toner pattern and paper texture. Originals will show ink absorption and sometimes indentation where pen pressure occurred; copies will show uniform toner and no indented pen strokes.
• When in doubt, get a professional: a probate attorney can review the document, suggest next steps, and, if needed, engage a forensic document examiner to analyze inks, paper, and handwriting.

5. What Tennessee courts usually do when the original is missing

Tennessee allows a will to be proved even if the original cannot be produced, but the court will require satisfactory proof about due execution and non-revocation of the will. That proof can include testimony from the attesting witnesses, the self-proving affidavit (if attached), copies of the will, and other evidence explaining why the original is not available. The court may require stronger proof when the original is missing because forgery and fraud are concerns.

For more information about Tennessee wills and probate procedure, see Tennessee law on wills and probate (Title 32 and related provisions) on the Tennessee General Assembly site: https://www.capitol.tn.gov/legislation/titles/32.html

6. If you only have a copy: next steps

1. Preserve the copy and any evidence showing where it came from (emails, notes, who handed it to you).
2. Search for the original: attorney files, safe-deposit box, desk, home safe, or with a bank or local courthouse if prior probate filings exist.
3. Locate and contact the attesting witnesses as soon as possible — their testimony is often decisive if the original cannot be produced.
4. If the original cannot be found, prepare to file a petition with the probate court to admit the copy. Expect the court to ask for sworn statements or witness testimony about execution and about why the original is not available.
5. Talk with a Tennessee probate attorney early if the estate has substantial assets, competing heirs, or if you suspect fraud.

Helpful hints — practical checklist

• Do not sign or initial anything on the will document itself; even small marks can spook courts or encourage disputes.
• Photograph both sides of the will and the cover of any attached self-proving affidavit. Preserve digital metadata (date/time) for your records.
• Keep a written log of who handled the will and when to preserve chain-of-custody information.
• Check the last page carefully for the testator’s signature and attesting witness signatures — those are the most important marks for proving an original.
• If the will includes a notary jurat or self-proving affidavit, note the notary’s name and commission (often on the jurat) and try to contact the notary if the original is missing.
• Search for related estate documents — trusts, powers of attorney, beneficiary forms — that may exist with different custodians (bank, lawyer, financial adviser).
• If you expect a contested probate, consult a probate lawyer before you file anything with the court to learn how best to protect evidence and position your case.

Where to get official Tennessee information

General probate and probate court resources for Tennessee: https://www.tncourts.gov/programs/probate-court

Tennessee statutes that govern wills and related probate matters are found in the Tennessee Code — Title 32 (Wills). You can browse the Tennessee Code at the Tennessee General Assembly website: https://www.capitol.tn.gov/legislation/titles/32.html

Disclaimer

This is general information about Tennessee law and procedure only. It is not legal advice and does not create an attorney-client relationship. Laws change and every situation is different. For advice about a specific will or probate matter in Tennessee, consult a licensed Tennessee probate attorney.