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Admitting a Will to Probate in Tennessee

Nashville Blog 2015 May Admitting a Will to Probate in Tennessee
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Admitting a Will to Probate in Tennessee

Posted By David Whittaker, Attorney at Law || 4-May-2015

If your loved one recently passed away, soon it will be necessary to locate the decedent's creditors, pay off their debts and taxes, and distribute what's left of the estate to the heirs. In order to accomplish these steps, you must go to court.

In Tennessee, the process of validating a will is called "probate." The court which handles this process is the "probate court." The decedent who left behind the will is called the "testator."

To present a will to the probate court, the person holding the will may produce the document to a judge or a clerk and master. From there, the court decides if the will shall be admitted to probate.

The judge or clerk and master presides over the case and orders the admission to, or the denial of probate, and either decides to grant or deny the application for letters of testamentary.

Is there a time limit for admitting a will?

In Tennessee, there isn't an exact time limit for probating a will, though letters of testamentary (or of administration) is not usually granted after ten years from the date of death, however, there are a few exceptions; for instance, when the heir was an infant when the decedent died.

Who can admit a will for probate? Any "interested person" may present the will to the probate court. If there is more than one will, then both wills should be presented. Under T.C.A. 32-14-131, 40-35-111, the corrupt concealment or destruction of a will with the intention of preventing probate or to defraud is a felony, punishable by incarceration.

Letters of Testamentary or Authorization

One cannot enter into the administration of a decedent's estate without first obtaining authorizing letters: testamentary or administration.

Letters Testamentary are issued to the individual who was named as the executor in the will be the decedent, whereas Letters of Administration are issued to the individual who is serving an intestate estate (an estate that did not have a valid will).

If a decedent died without a will (intestate), administration is granted to the spouse first, and then to the next of kin. For more information about admitting a will to probate, contact me, David Whittaker, Attorney at Law.

As a Nashville probate lawyer, I would be more than glad to answer your questions in a free consultation. Call today to get started!

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David Whittaker, Attorney at Law

Call Today: (888) 492-4735

David Whittaker, Attorney at Law - Nashville Probate Attorney
1616 Westgate Circle, Suite 127, Brentwood, TN 37027 View Map
Call Today: (888) 492-4735
(615) 289-6284
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