Detailed Answer
Family Allowance Under Tennessee Law
Under Tennessee law, a surviving spouse may receive a “family allowance” to cover support and maintenance during estate administration. The default allowance is up to $18,000, unless the court orders a different amount. See Tenn. Code Ann. § 30-2-101 (https://www.capitol.tn.gov/search.html?searchrequest=30-2-101).
Proof of Marriage: Why the Certificate Matters
The marriage certificate serves as primary evidence that you qualify as a surviving spouse. If you lack a clear, certified copy, the personal representative or court may question your entitlement. Without proof, the court can delay or deny your allowance claim.
Using Secondary Evidence
Tennessee law allows you to replace or supplement a missing certificate with secondary evidence. Under Tenn. R. Evid. 1004–1005, you can introduce duplicates or other admissible proof. Possible documents include:
- Marriage license application or receipt from the county clerk.
- Clergy or officiant’s certificate.
- Hospital or medical records showing spouse status.
- Insurance policies listing you as spouse.
- Affidavits from witnesses present at the ceremony.
If secondary documents are unavailable, you may petition the probate court to admit other forms of proof or to order the county clerk to search archives. You may cite Tenn. Code Ann. § 24-7-106 (https://www.capitol.tn.gov/search.html?searchrequest=24-7-106), which governs reproduction of public records.
Next Steps
1. Request a certified copy from the county clerk where you married. Counties keep records indefinitely.
2. Gather alternate documents listed above.
3. File a petition with the probate court to admit secondary evidence if the clerk’s office cannot locate your certificate.
4. Present all proof at a hearing on your family allowance claim.
What If the Court Denies Your Claim?
If the court finds insufficient proof of marriage, it may postpone the family allowance. You can reopen the matter after securing adequate evidence. Always track deadlines and respond quickly to any court orders.
Disclaimer: This article does not provide legal advice. It offers general information to help you understand Tennessee law on surviving spouse allowances. For personalized guidance, consult a licensed Tennessee attorney.
Helpful Hints
- Order certified copies early—county clerks may take weeks to process requests.
- Use multiple forms of secondary evidence to strengthen your claim.
- File a formal petition under Tenn. Code Ann. § 24-7-106 if the original record is lost.
- Attend all probate hearings; missing one can derail your allowance application.
- Consider hiring a probate attorney if you face pushback from the estate representative.