Wills shall be proved and recorded and letters testamentary granted in the probate court of the county where the testator had the testator’s usual residence at the time of the testator’s death, or, in case the testator had fixed places of residence in more than one county, in either or any of those counties. Code […]
Except when a will is before the court awaiting the determination of any controversy, an original will must remain in the clerk’s office of the county where the will is proved or exhibited, or other suitable facility as provided in subsection (b), and any person may have access to it, as to other records. The […]
Whenever any will has been proved and recorded for six (6) months in any county of this state, as required by §§ 32-2-101 — 32-2-104, and the will is required to be proved out of this state, the judge of probate may, on the application of the executor, so stating, duly sworn to and filed, […]
Written wills with witnesses, when not contested, shall be proved by at least one of the subscribing witnesses, if living. Every last will and testament, written or nuncupative, when contested, shall be proved by all the living witnesses, if to be found, and by such other persons as may be produced to support it. Upon […]
Any last will of any person in the military or naval service of the United States, made outside this state, or at sea while in military or naval service, may be admitted to probate by the probate court of the county where the testator was domiciled, upon the certificate of the colonel, lieutenant colonel, major, […]
No nuncupative will shall be proved until fourteen (14) days after the death of the testator, nor until process has issued to call in the surviving spouse or next of kin, or both, if conveniently to be found, to contest it. If the surviving spouse and next of kin, or any of them, are not […]
The probate of wills in the probate courts shall be sufficient evidence of the devise of real estates. Code 1858, § 2197 (deriv. Acts 1784 (Oct.), ch. 10, § 6); Shan., § 3929; Code 1932, § 8139; T.C.A. (orig. ed.), § 32-208.
Attested or certified copies of wills, or the records thereof, by the proper officer, may be given in evidence in the same manner as the originals. Code 1858, § 2198 (deriv. Acts 1784 (Oct.), ch. 10, § 6); Shan., § 3930; mod. Code 1932, § 8140; T.C.A. (orig. ed.), § 32-209.
When any fraud is suggested to have been committed in the drawing or obtaining of any last will, or any irregularity in the executing or attestation of the will, the party making the suggestion may insist upon the original will being produced to the court, if the original is to be found. The court, wherever […]
Any or all of the attesting witnesses to any will may, at the request of the testator or, after the testator’s death, at the request of the executor or any person interested under the will, make and sign an affidavit before any officer authorized to administer oaths in or out of this state, stating the […]
Regardless of the date of the person’s death and any limitation on the time for admitting a will for probate, any will when duly proven, whether of a resident or nonresident decedent, may be admitted to probate for the limited purpose of establishing a muniment of title to real estate and personal property, without the […]
