Tennessee PROBATE — Will Contest Procedures involve challenging the validity of a will or other form of testamentary document in the state of Tennessee. The party contesting the will must file a complaint in the probate court of the county where the will was filed. The complaint must include the grounds for contesting the will, such as fraud, duress, lack of testamentary capacity, undue influence, or forgery. The contesting party must also provide evidence of the grounds. Types of Tennessee PROBATE — Will Contest Procedures include: 1. Formal Will Contest: A formal will contest involves a full trial in a probate court with evidence presented by each side and a ruling by a judge. 2. Informal Will Contest: An informal will contest involves informal proceedings before a probate court with evidence presented and a ruling by the court. 3. Summary Will Contest: A summary will contest involves a summary proceeding in front of a probate court with the court making the decision based upon the evidence presented. 4. Constructive Will Contest: A constructive will contest involves a challenge to the process used to execute the will or to the execution of the will itself. 5. Caveat: A caveat is a document that is filed with the probate court to contest the validity of a will. The caveat must be filed within the applicable time period and include the grounds for contesting the will.
Tennessee PROBATE - Will Contest Procedures
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FAQ
The only applicable statute of limitations applies to actions to contest or set aside the probate of a will. Those actions generally must be brought within two years from the entry of the order admitting the will to probate.
In Tennessee, only some individuals can contest a will. These people include those who would have been entitled to a share of the deceased's estate; or someone who will stand to receive something in the deceased's will. For those who have the legal standing to challenge a will, they must prove the will is invalid.
How long probate takes in Tennessee varies from estate to estate. Generally, this can take anywhere from six months to a year. Following the deceased's passing, the executor has 60 days to turn in an inventory of the deceased's assets that need to go through probate.
If a will was incorrectly executed, a court may invalidate it. Undue influence on the testator: When someone benefits by pressuring or intimidating a testator into signing a will ? that might not otherwise have been signed ? it's undue influence. If proven, undue influence may invalidate a will.
Grounds for Contesting a Will in Tennessee Ambiguous provisions exist. The Will was revoked. A new Will exists. Undue influence, fraud, or duress altered the testator's decisions in the Will.
A person who is related to the testator, and who would have inherited from the decedent's estate had they died intestate (without having made a will), may have standing to contest a will. While they can legally challenge the will, this is no guarantee that they will prevail.