§ 32-4-103. Contest in Forma Pauperis
Persons may be permitted to have an issue made upon any will, either as plaintiffs or defendants, in the form prescribed for paupers. Code 1858, § 2176 (deriv. Acts 1851-1852, ch. 77, § 3); Shan., § 3908; Code 1932, § 8106; T.C.A. (orig. ed.), § 32-404.
§ 32-4-104. Issues — When and How Made Up — When Triable
After the filing of the certificate of the contest and the original will, in the office of the clerk of the appropriate court for trial, pursuant to § 32-4-101(2), an issue or issues shall be made up, under the direction of the court, to try the validity of the will. Code 1858, § 2177 (deriv. […]
§ 32-4-105. Proof of Will
Upon the trial of the issue in case of a written will with witnesses, it shall be proved by all the living witnesses, if to be found, and by such other persons as may be produced to support it. Code 1858, § 2178 (deriv. Acts 1789, ch. 23, § 1); Shan., § 3910; Code 1932, […]
§ 32-4-106. Original Will Lost
If the original will is lost or mislaid so that it cannot be produced on the trial of the issue, but the paper has been copied into the pleadings, or spread upon the minutes of the court, the court may proceed with the trial of the issue in the same manner as if the original […]
§ 32-4-107. Trial by Jury — Certification to Probate Court
The issue may be tried by a jury, and their verdict, and the judgment of the court upon the validity of the will shall be certified to the court having probate jurisdiction over the will to be recorded together with the original will, if established. If the issue was tried upon a copy of the […]
§ 32-4-108. Statute of Limitations
All actions or proceedings to set aside the probate of any will, or petitions to certify a will for an issue of devisavit vel non, must be brought within two (2) years from entry of the order admitting the will to probate, or be forever barred, saving, however, to persons under the age of eighteen […]
§ 32-4-109. Trials Upon Validity of Wills — Jurisdiction of Courts
Any court of record that has probate jurisdiction, whether a chancery court or other court of record established by private or public act, has concurrent jurisdiction with the circuit court to conduct a trial upon the validity of a will, in the manner and to the extent prescribed in this chapter. Notwithstanding law to the […]
§ 32-5-101. Recording Will
A will, duly proved, allowed and admitted to probate outside of this state, may be allowed and recorded in the proper court of any county in this state, in which the testator has left any estate.
§ 32-5-102. Executors of Other States Qualifying — Bond
When there are goods and chattels in this state to be administered under a will of another state, district or territory, the executors, or some one of them, may qualify as executors, and they shall give bond, with surety, as required in cases where the will was made within the limits of this state, and […]
§ 32-5-103. Petition for Probate — Hearing — Notice
When a copy of a will of another state, district, or territory and the probate of the will, duly authenticated, is presented by the executor or by any other person interested in the will, with a petition for probate of the will, the will must be filed and probate may be had either in common […]