Under Tennessee law, any person of sound mind, who is at least eighteen years of age, may make a will. A will must be interpreted to apply to the real and personal property it includes, as if it were signed just before the person making the will passed away. It will transfer all the real estate owned by the person making the will, or in which they had any interest at the time of their death, unless the will explicitly states otherwise. Every provision in the will, will transfer the full estate of the testator, unless it is clearly evident from the wording and context of the will that there was a different intention. A will, excluding holographic or oral wills, requires the signature of the testator and a minimum of two witnesses. When a will needs a signature, the testator must inform the witnesses that the document is their will and must either: sign it themselves; confirm a previously made signature; or have someone else sign on their behalf, in their presence. Any of these actions must occur in the presence of two or more attesting witnesses. The attesting witnesses must: sign in the presence of the testator; and sign in the presence of each other. For wills executed before July 1, 2016, to ensure valid execution, witness signatures on an affidavit shall be considered as signatures to the will, provided that: these signatures are made simultaneously with the testator’s signing of the will; and the affidavit contains language meeting all the requirements of § 32-1-104(a).
Regarding a living testator, any written will enclosed in a sealed wrapper, endorsed with the testator’s name, place of residence, and, if applicable, their social security number or driver’s license number, along with details of when and by whom it was delivered, can be deposited by the testator or any person acting on their behalf with the probate court in the county where the testator resides. For a deceased testator, any written will can be deposited by any person with the probate court in the county where the testator lived at the time of their death. These provisions apply only if the probate court clerk has a secure vault or safe for storing the will. The probate court will accept and securely store the will, issue a certificate of deposit, and charge a fee of five dollars ($5.00) for this service. While the testator is alive, the will shall only be given to the testator or to a person authorized in writing by the testator, with such authorization duly verified by the oath of a subscribing witness. Any will deposited after the testator’s death shall only be released to the executor named in the will, a next of kin, or any other person authorized by law or court order. Upon the testator’s death and upon submission of a death certificate or other satisfactory evidence of death as determined by the probate judge, the court shall open the will in a public session, thus making it accessible to all.
If there is a challenge to the validity of any last will or testament, whether written or oral, the probate court overseeing that will must issue an order either upholding or denying the contestant’s right to contest the will. If the right to contest the will is upheld, then the court must: require the contestant to post a bond, with surety, in the amount of five hundred dollars ($500), payable to the executor named in the will. This bond is to ensure the diligent pursuit of the legal action and, in the event of failure in the lawsuit, to cover all associated costs; Ensure that a certificate of the contest and the original will are filed with the appropriate court for trial.
If you or someone you know is involved in or may become involved in a legal dispute, it is important to act quickly and seek legal assistance. At King Law Offices, we understand the sensitivity and complexity of these situations and are here to help. Our experienced attorneys can guide you through the service process and the rest of your legal issues. Contact King Law Offices today at (888)-748-KING.