Short answer

Under Tennessee law, a will that cannot be located after the testator’s death can sometimes still be admitted to probate, but the court will first decide whether the document was intentionally revoked. If the will was intentionally destroyed by the testator, it is revoked. If it was lost or accidentally destroyed, a court can admit a copy or other proof of the will’s contents if there is sufficient evidence showing the will existed and the testator did not intend to revoke it.

Detailed answer — how Tennessee courts handle lost or destroyed wills

This answer assumes no special facts were supplied. Start with zero legal knowledge: a will is a written document expressing someone’s wishes for distributing property after death. In Tennessee, probate courts decide whether a will is valid and whether it controls distribution of the estate.

Key legal ideas

• Revocation by physical act: If a testator deliberately destroys a will (for example, tears it up or burns it) with the intent to revoke it, the will is generally treated as revoked.
• Presumption when the original is missing: If the last person in possession of the will (often the testator) cannot produce the original after death, courts often apply a rebuttable presumption that the will was revoked. That means the court assumes revocation unless other evidence rebuts that presumption.
• Admitting copies or proof of contents: If the original is lost or destroyed but was not revoked by the testator, Tennessee probate courts may admit a copy or other evidence of the will’s contents if the proponent presents reliable proof of authenticity and the lack of intent to revoke.

What evidence helps if the original will is missing?

Courts consider multiple types of evidence. The stronger the proof, the more likely a copy will be admitted:

• Testimony from the will’s attesting witnesses that the will was validly executed and that the testator did not revoke it.
• A photocopy or digital copy of the will showing signatures and witness attestations.
• A self-proving affidavit (if one exists) that was signed by the testator and witnesses at the time the will was executed; a self-proving affidavit speeds proof of execution.
• Evidence about where the original was kept (safe, attorney’s office, safe-deposit box) and testimony that it was not found after a reasonable search.
• Evidence showing the testator lacked the intent to revoke (for example, statements by the testator, contemporaneous communications, or behavior inconsistent with revocation).
• Digital or email drafts, scanned copies, or cloud backups that show the will’s content and date.

Typical court process

1. Locate any copies and witnesses. Before filing anything at probate, check with the attorney who drafted the will, search safe-deposit boxes, home safe, personal files, email, and cloud storage.
2. File a petition with the county probate court asking the court to admit the copy (or to determine that the will was revoked). The petitioner usually is the personal representative nominee or a beneficiary named in the will.
3. Provide proof at a probate hearing — witness testimony, copies, affidavits, and any other evidence about the original’s disappearance and the testator’s intent.
4. The court weighs the evidence. If the judge finds the original was intentionally destroyed with intent to revoke, the will is denied probate. If the judge finds the original was lost or destroyed without intent to revoke, the proponent may be allowed to probate a copy or other proof of the will’s terms.

What happens if the court finds the will was revoked or cannot be proved?

If the court concludes the will was revoked or cannot be established, the estate will be distributed under the prior valid will (if any) or, if there is no valid will, under Tennessee’s intestacy rules. Intestacy means state law determines heirs and shares (for Tennessee statutes on intestacy and wills, see Tennessee Code Annotated, Title 32: https://www.capitol.tn.gov/titles/32.html).

Special notes

• If the original will was in the testator’s physical possession shortly before death and cannot be located afterward, courts may apply a stronger presumption of revocation. That presumption can be rebutted by convincing evidence to the contrary.
• Handwritten (holographic) wills and whether they are valid: Tennessee law requires certain formalities for a will to be valid; examining Title 32 will show the signature and witness requirements and any limited exceptions.
• If a will was destroyed by someone other than the testator (for example, an accidental fire or a third party), the court focuses on whether the testator intended revocation.

For the precise statutory language and procedures, consult Tennessee Code Annotated, Title 32 (Wills and Estates): https://www.capitol.tn.gov/titles/32.html. For general probate court information and local rules, see the Tennessee courts website: https://www.tncourts.gov/.

Helpful hints — how to respond if a will is missing

• Search everywhere thoroughly: check the deceased’s files, safe-deposit box, attorney’s office, bank safe, home safe, computers, email, cloud storage and mobile devices.
• Contact the attorney who prepared the will. Many lawyers keep original wills or copies and can provide guidance and copies if available.
• Talk to witnesses promptly. Witnesses who saw the will signed or who discussed the will with the testator can provide crucial testimony.
• Preserve any copies—digital or paper—and metadata. Keep originals of any scanned copies and records of when and where they came from.
• Gather documents showing the testator’s intent: letters, emails, statements to others, or actions that show whether the testator intended to revoke the will.
• Expect a probate hearing. If you plan to admit a copy, be ready to present witnesses and documentary evidence at the county probate court.
• Consider hiring a probate attorney. Cases involving lost or destroyed wills can be fact-intensive and contested. An attorney can help collect evidence, prepare filings, and present the case to the court.
• Act quickly but carefully. Delays may make evidence disappear or witnesses harder to locate, but don’t rush without documenting and preserving proof.

Example (hypothetical)

Hypothetical: Mary executed a signed will with two witnesses in 2018. She kept the original at home. After Mary died in 2025, the original could not be found. Her attorney located a signed scanned copy and two of the witnesses are available to testify that Mary signed the will and never said she revoked it. Mary’s nephew tests that she often told him she had not changed her will. In this situation, a Tennessee probate court could allow admission of the copy or otherwise admit proof of the will’s contents if the court finds the evidence shows the will existed and the testator did not revoke it.

Next steps

If you are dealing with a missing will in Tennessee: 1) locate any copies and witnesses; 2) preserve all relevant evidence; 3) consult a probate attorney experienced in Tennessee probate to prepare a petition for the local probate court.

Disclaimer

This information is educational only and does not constitute legal advice. I am not a lawyer. For advice about a specific situation, contact a licensed Tennessee probate attorney who can review the facts and the applicable Tennessee statutes and court rules.