Disclaimer
This article provides general information about Tennessee probate procedures. It is not legal advice. Consult a qualified attorney for guidance tailored to your situation.
Detailed Answer
1. Locating the Original Will
After a person’s death, the original will often resides with their lawyer, in a safe-deposit box, or among personal files at home. Begin by:
- Contacting the decedent’s attorney or financial institution.
- Searching safe-deposit boxes, file cabinets, or home safes.
- Reviewing any “notice of deposit” filed under Tenn. Code Ann. § 30-2-206 (Deposit of Will).
2. Requesting a Filed Copy from the Court
If the original will is deposited with the county register of wills, you can obtain a certified copy:
- Identify the probate court clerk’s office in the county where the decedent lived.
- Submit a written request for a certified copy, citing Tenn. Code Ann. § 8-21-401 (Certified Copies of Public Records).
- Pay the clerk’s fee (typically under Tenn. Code Ann. § 8-21-403).
- Receive the certified copy by mail or in person.
3. Submitting the Will to Probate Court
To open probate, you must file the original will (or certified copy if allowed) along with a petition for probate:
- Complete the Petition for Probate of Will and Application for Letters (TN Probate Forms).
- Attach the decedent’s death certificate.
- File the documents in the county probate court where the decedent resided.
- Pay the statutory filing fee under Tenn. Code Ann. § 30-2-201 (Administrator and Executor Fees).
4. Next Steps After Submission
Once you file, the court will:
- Schedule a hearing or issue letters of testamentary to the executor.
- Require you to notify heirs and creditors (Tenn. Code Ann. § 30-2-306).
- Begin estate administration under Tennessee law.
Helpful Hints
- Start your search promptly. Courts often impose filing deadlines.
- Keep copies of all documents and correspondence.
- Verify clerk’s fees and acceptable payment methods online before visiting.
- If the original will cannot be found, discuss the option of a lost-will petition with an attorney.
- Consider professional probate assistance if the estate is large or complex.