This pamphlet provides an overview on dealing with a lost will of a deceased person. Topics covered include suggestions for locating the will, how to probate a copy of a lost will, and how to prove the contents of a lost will.
Tennessee USLegal Pamphlet on Lost Wills
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Does a Will Have to Be Probated in Tennessee? A will must be filed with the court in the county where the decedent lived.
If you can't find a will, you will usually have to deal with the estate of the person who has died as if they died without leaving a will. For more information, see Who can inherit if there is no will the rules of intestacy.
To finalize your will in Tennessee: you must declare the instrument to be your will and sign or acknowledge it in front of two witnesses, and. your witnesses must sign your will in front of you and each other. Tennessee Code Ann.
When probate is granted, the will is kept by the Probate Service and any member of the public can get a copy. If you want to search for the will of a person who died recently, you can apply to the Probate Service for a standing search to be made.
A will must be filed with the court in the county where the decedent lived. This record must be on file even if the estate doesn't need to go through probate. It allows the court to verify the validity of the will if anyone contests it.
Wills after 1861 are found in the microfilmed county records; there is no published index to wills in Tennessee dated after 1861. There is a fee to search for a will or probate record on microfilm.
If a will was incorrectly executed, a court may invalidate it. Undue influence on the testator: When someone benefits by pressuring or intimidating a testator into signing a will that might not otherwise have been signed it's undue influence. If proven, undue influence may invalidate a will.
Send a written request to the executors of the will So, the first thing to do is ask them! If you're a residuary beneficiary (that is, someone who will inherit what's left of the estate once all the specific gifts have been given) the executors will usually follow through on a written request to see the will.
The will is made publicly available when it is read in open court, if the testator deposited the will with the clerk of the probate court. Eventually, every will probated in a county probate court in Tennessee becomes publicly available and then anyone can obtain a copy of the document.
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