Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
1. Determine the Appropriate Probate Procedure
In Tennessee, probate may proceed informally or formally under Tenn. Code Ann. § 32-1-101. Informal probate is faster and involves minimal court hearings. Formal probate requires a hearing before a judge and is used when disputes or complex issues arise.
Reference: Tenn. Code Ann. § 32-1-101 (Definitions of informal and formal probate) [link].
2. Prepare and File the Petition for Probate
The petitioner—usually the proposed executor or an interested party—must file a petition in the county where the decedent lived. The petition should include:
- The decedent’s name, date of death and last address.
- A copy of the will (even if not witnessed or notarized).
- The names and addresses of heirs and beneficiaries.
Filing fees vary by county. After filing, the court issues notice to all interested parties.
3. Prove the Will’s Validity Without Attesting Witnesses
Tennessee law recognizes an unattested or unnotarized will if you can prove the document’s authenticity under Tenn. Code Ann. § 32-1-104. You must:
- Locate at least one person with personal knowledge that the will’s signature on the document is that of the decedent.
- Obtain a sworn affidavit or in-court testimony from the witness regarding the signature.
- If the signature or handwriting is challenged, you may need expert handwriting analysis or testimony from additional witnesses familiar with the decedent’s signature style.
Reference: Tenn. Code Ann. § 32-1-104 (Proof of lost or unwitnessed wills) [link].
4. Appointment of Personal Representative
Once the court admits the will to probate, it appoints the executor named in the document or, if none is named or qualified, an administrator. The court issues letters testamentary (for an executor) or letters of administration (for an administrator), granting authority to manage estate assets.
5. Administer the Estate
The personal representative must inventory assets, notify creditors, pay debts and taxes, and distribute property according to the will’s terms. Final accounting and petition for discharge close the estate.
Helpful Hints
- Begin probate promptly; delays can complicate locating witnesses or memories of signature.
- Maintain clear records of all filings, notices and communications with interested parties.
- If witnesses cannot be found, gather any contemporaneous notes, emails or recordings evidencing the decedent’s intent.
- Consult the court clerk’s office for local fee schedules and required forms.
- Consider hiring an attorney if you anticipate contested claims or complex assets.