Detailed Answer
If you live outside Tennessee and need to deliver an original will to a Tennessee probate court, follow a clear, step-by-step process to protect the document and to make sure the estate is opened correctly. The key tasks are: identify the proper court, prepare the necessary paperwork, choose a safe delivery method (or use a Tennessee-based filer), and follow the court’s local rules for admission and appointment. The guidance below assumes the decedent owned domicile in Tennessee when they died.
1. Confirm the correct probate court
Probate is handled in the county where the decedent was domiciled (their permanent home) at death. If you are unsure which county that is, check the decedent’s last address, voter registration, driver’s license, or tax records.
Find local Tennessee court contact information and local procedures on the Tennessee judiciary site: Tennessee Courts — Local Court Websites.
2. Prepare the documents the court usually requires
Prepare these items before you submit the original will:
- Original will (do not sign or alter it).
- Certified copy of the death certificate.
- Probate petition (often titled Petition for Probate of Will and for Letters Testamentary/Letters of Administration). Use the Tennessee Probate forms as a starting point: Tennessee Probate Forms.
- List of known heirs and beneficiaries with contact information (if available).
- Affidavits from attesting witnesses if they are available and the court requests proof of execution.
- Payment for filing fees (check local court website or call the clerk’s office for the exact amount).
Different counties may require slightly different paperwork. Contact the county probate clerk’s office before filing to confirm required items and fees.
3. Decide how to submit the original will
You have three common options:
- Mail or ship the original will directly to the county probate clerk. If you do this, use an insured, traceable carrier (USPS Registered Mail or an insured overnight courier) and request a signed receipt. Include a cover letter that lists the decedent’s full name, date of death (if known), and your contact information. Add a self-addressed, prepaid, return envelope for the court to return the original after action (if the court practice allows return).
- Have a Tennessee attorney or local representative file the will and packet for you. An attorney can appear in person, file the petition, and follow up with the court. This is often the safest route if you cannot travel.
- File in person if you can travel to Tennessee. In-person filing allows you to obtain immediate receipts and answers from court staff.
Before mailing, call the county probate clerk to confirm they accept mailed originals and to learn any local requirements for shipping and labeling. Keep copies and detailed tracking records.
4. Chain of custody and preserving the original will
Protect the original will’s integrity. Do not alter, sign, or laminate it. Keep it in a secure envelope or folder, and transfer it using a courier that provides a signed chain-of-custody record. Courts pay attention to preservation because any suggestion of tampering can lead to additional proof requirements.
5. If you are the named executor (personal representative)
When the will is delivered, you (or your Tennessee attorney) will typically file the petition to admit the will to probate and to be appointed as the personal representative. After the court admits the will and issues letters testamentary (or letters of administration if appropriate), you will have authority to manage estate business. The court clerk will tell you about bond requirements, creditor notice timelines, and other early steps.
6. Notice, timelines, and post-admission steps
After a will is filed, Tennessee probate procedures include notice to heirs and publication or creditor notices in many cases. Local practice affects timing. The probate clerk can provide information on how soon the court will act, whether a hearing is required, and how notices are served in that county.
7. If the original will cannot be located or is lost
If the original is missing, you will typically need to file a petition explaining the circumstances and offer secondary evidence (copies, witness testimony, or affidavits) to prove the will’s terms and that it was properly executed. Courts require convincing proof for lost or destroyed wills. For guidance specific to the county rules and proof standards, consult the local probate clerk or a Tennessee attorney.
8. Use official Tennessee resources
Helpful official resources:
- Tennessee Probate and estate forms: https://www.tncourts.gov/forms/probate-forms
- Tennessee Court local contact information: https://www.tncourts.gov/courts/county-circuit-and-chancery-court-websites
- Tennessee Code and statutes (general code lookup): https://www.capitol.tn.gov/legislation/
Helpful Hints
- Call the county probate clerk before you send anything. Clerks can confirm whether they accept mailed originals, the current filing fee, and any local requirements.
- If possible, hire a Tennessee probate attorney to file and monitor the matter. That is often faster and reduces errors for out-of-state filers.
- Use insured, trackable shipping and request a signed delivery receipt. Keep all tracking and shipping records.
- Include a short cover letter with the decedent’s full legal name, date of death (if known), your contact details, and a list of enclosed documents.
- Do not open or alter the original will. Courts can question the validity of a will that shows signs of tampering.
- Keep copies of everything you file and ask the clerk how you will receive the original back (or how the court will retain it after probate).
- If the will was executed in another state, the Tennessee court can still probate it, but you may need extra proof of execution or witness affidavits.
- If the named executor cannot serve, the court will appoint an appropriate administrator. Ask the clerk about filing an oath and bond requirements.
Disclaimer: This article provides general information about Tennessee probate procedure and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Tennessee attorney or contact the county probate clerk.