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Wills and Public Record Once probate has been officially closed by the court, the will becomes a public record. Generally, anyone can go to the courthouse where it is filed, pay the required fee, and receive a copy of the will.
The basic requirements for a Tennessee last will and testament include the following: Age: The testator must be at least 18 years old. Capacity: The testator must be of sound mind. Signature: The will must be signed by the testator or by someone else in the testators name in his presence, by his direction.
Under Tennessee law, a will is filed with the court after the death of the testator. TN Code 32-1-112. So, after you pass away, your will should be filed in your local probate court by the person named to be your personal representative (also called an executor or administrator).
The basic requirements for a Tennessee last will and testament include the following: Age: The testator must be at least 18 years old. Capacity: The testator must be of sound mind. Signature: The will must be signed by the testator or by someone else in the testators name in his presence, by his direction.
After an individual has passed away, the executor who is the person or people who have been appointed in the will to administer the estate is the only person entitled to see the will and read its contents.
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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. The Library and Archives will search a five year range in ONE specified county for a probate record.
In Tennessee, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants -- children, grandchildren, or great-grandchildren. If you dont, then your spouse inherits all of your intestate property.
Any and all Matters of Probate under consideration in the state of Tennessee are public record and are available for review in the Office of the County Clerk in the County of filing.
The simplest planning of all can be done at home without a notary. Tennessee allows residents to personally sign a handwritten will thats legal in the state. The Tennessee Bar Association has a simple form called a holographic will that qualifies, said Michael Goode, an attorney with Lewis Thomason in Nashville.
Only assets that the deceased person owned in his or her own name, alone, must go through probate.

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