What to Do if You Can’t Find a Will in Tennessee Probate Court

If you find yourself facing the difficult situation of not being able to locate a will in Tennessee probate court, there are several steps you can take to navigate this process effectively. Understanding the state laws and available resources can significantly aid in your search.

1. Check with the Probate Court:
Start by contacting the probate court in the county where the deceased resided. Each county in Tennessee has its own probate court, and they keep records of wills filed within their jurisdiction. Ask if there are any wills on file or if the deceased may have filed a will in another county.

2. Search for a Safe Deposit Box:
It's common for individuals to keep their wills in a safe deposit box. If you believe this might be the case, contact the bank where the deceased held an account. Typically, you will need to present identification and appropriate documentation, such as a death certificate and possibly court letters, to gain access.

3. Review Personal Papers and Documents:
Examine the decedent’s personal papers, files, computer, or any other storage devices. Some individuals may have drafted a will on their personal computer or stored it with important documents at home. Look for a document labeled “Will” or “Last Testament,” and be sure to check for any accompanying notes or instructions.

4. Investigate Family and Close Friends:
Reach out to family members, friends, or advisors of the deceased who may have knowledge of the will’s existence or whereabouts. They might provide invaluable information regarding where the will could be stored or if they ever discussed the document.

5. Hire a Probate Attorney:
If you are struggling to locate the will or face complexities related to probate, consider hiring a Tennessee probate attorney. They are well-versed in local laws and can guide you through the probate process, including how to proceed without a will. They can also help determine if intestate succession will apply if the deceased died without a valid will.

6. Consider Intestate Succession:
If after diligent efforts the will remains unfound, Tennessee law provides a framework for distributing the deceased’s assets through intestacy laws. These laws dictate how the estate will be divided among surviving heirs, typically favoring spouses and children.

7. File a Petition for Probating a Lost Will:
In Tennessee, if you believe a will exists but cannot find it, you may still be able to proceed with probate. You can file a petition with the court to probate a lost will, provided you can show sufficient evidence of its existence, such as testimonies from witnesses who can confirm details about the will.

8. Check Online Resources:
Many courts now offer online access to probate records. Visit the Tennessee Secretary of State's website or the specific county's website to search for wills and probate filings. This can save time and expand the scope of your search.

Finding a will can be challenging, but with the right approach and resources, you can work through the process. Understanding your options in Tennessee probate court is essential to resolving the estate matters for your loved one.