Can a Person Hide a Will From Beneficiaries in Tennessee?

One issue that comes up in Tennessee estates on occasion is when beneficiaries or heirs believe a will has been concealed or hidden by somebody.  Sometimes there are suspicions about a person hiding or even destroying a will that does not benefit them.  The question is then asked, what can be done about this situation? 

Tennessee law clearly provides that destroying or concealing a will to prevent probate is against the law.  Specifically, T.C.A. § 39-14-131 provides that it is a felony to do this in Tennessee.  The entire statute is as follows: 

Any person who destroys or conceals the last will and testament of a testator, or any codicil thereto, with intent to prevent the probate thereof or defraud any devisee or legatee, commits a Class E felony.

As a result, what can you do if you are in this situation?  My recommendation is for you to hire an attorney in your area to send a letter to the suspected individual.  This letter should demand that a copy of the will be produced.  It should cite to this statute that makes it clear that it is illegal to hide or destroy a will.  Often this alone will cause the individual to produce the appropriate will as is required under Tennessee law.  Obviously, if this is unsuccessful then authorities may need to get involved to deal with this situation.