Detailed Answer
To open probate in Tennessee, the court must receive the original will or codicil. Locating and verifying this document ensures the estate settles according to the decedent’s wishes. Below are steps to find and confirm the authenticity of wills and codicils under Tennessee law.
1. Search Common Storage Locations
Look in a safe deposit box, home safe, files at the drafting attorney’s office, or a trusted relative’s home. Check fireproof filing cabinets and personal computers for digital records or scans.
2. Contact the Drafting Attorney or Law Firm
Attorneys often keep original wills or self-proving affidavits. Contact any attorney known to have handled estate planning for the decedent.
3. Check with the County Probate Clerk
Some Tennessee counties allow voluntary filing of original wills for safekeeping. Call or visit the probate clerk’s office in the county where the decedent lived. They can confirm whether they hold an original copy.
4. Review Any Self-Proving Affidavit
Under Tenn. Code Ann. § 32-1-104, a self-proving affidavit attached to a will allows the court to admit the document without live witness testimony. A will with this affidavit often resides with the original document. See Tenn. Code Ann. § 32-1-104: 32-1-104.
5. Verify Execution Formalities
To qualify for probate, the will must meet Tennessee execution requirements: the testator signed it in the presence of two witnesses who also signed. See Tenn. Code Ann. § 32-1-103: 32-1-103.
6. Prove a Lost Will or Codicil
If the original is missing, Tennessee law allows proof by secondary evidence. File a petition under Tenn. Code Ann. § 32-1-105. You must show the will was duly executed and not revoked, and you need testimony from two disinterested witnesses who recall the signing. See Tenn. Code Ann. § 32-1-105: 32-1-105.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Store the original will in a secure location and inform the executor of its whereabouts.
- Keep a copy of any self-proving affidavit with the original will.
- Maintain a list of all attorneys involved in estate planning.
- Consider scanning the original will and codicils and storing encrypted digital backups.
- Promptly notify all attesting witnesses of potential probate proceedings.
- Act quickly after death to prevent loss or destruction of the original documents.