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Where is Probate Filed When a Person Dies Outside the State of Tennessee but is a Resident of Tennessee?

Posted on Oct 12 2014 10:28PM by Attorney, Jason A. Lee

I recently had a question about where probate should be filed for a resident of Tennessee when they die outside the State of Tennessee.  The answer to this question is that the probate estate should still be filed in Tennessee (there may some limited exceptions to this general rule, but this is the general rule).  Under Tennessee law, probate is filed in the county of residence at the time of an individual’s passing.  There are two different statutes on this issue, one dealing with intestate (no will) situations and one dealing with situations where there is a will. 

 

For situations involving a will, T.C.A. § 32-2-101 provides as follows:

 

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.

 

For situation where there is no will, T.C.A. § 30-1-102 provides as follows:

 

Letters of administration shall be granted by the probate court of the county where the intestate had usual residence at the time of the intestate's death, or, in case the intestate had fixed places of residence in more than one county, the probate court of either county may grant letters of administration upon the intestate's estate....

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TAGS: Jurisdiction, Tennessee Probate Law Comments [0]
  
 

When an Individual Dies Without a Will (Intestate) what County Handles the Probate of the Estate in Tennessee?

Posted on Oct 27 2013 4:10PM by Attorney, Jason A. Lee

Analysis:  When an individual dies without a will (this is called “intestate”) then the probate court of the county where the intestate individual had usual residence at the time of death is the appropriate jurisdiction for the probate of the estate.  Specifically, T.C.A. § 30-1-102 provides as follows:

 

Letters of administration shall be granted by the probate court of the county where the intestate had usual residence at the time of the intestate's death, or, in case the intestate had fixed places of residence in more than one county, the probate court of either county may grant letters of administration upon the intestate's estate.

 

As a result when an individual dies without a will and the estate needs to be probated under Tennessee law, the appropriate jurisdiction is the county where the deceased had a usual residence.  If the individual had multiple places of residence, then the probate court of any of these counties can grant letters of administration for probate. 

 

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TAGS: Intestate, Jurisdiction, Probate Process, Tennessee Probate Law Comments [0]
  
 

In Tennessee what county/jurisdiction handles the probate of a decedent's estate when they die with a will (testate)?

Posted on Feb 16 2013 9:35PM by Attorney, Jason A. Lee

Tennessee law provides that when an individual dies with a will (testate) then the appropriate county to file for probate of the will is where the deceased individual had their usual residence at the time of their death.  Specifically, T.C.A. § 32-2-101 provides as follows:

 

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.

 

As a result, when an individual dies with a will and the estate needs to be probated, the appropriate jurisdiction is their residence at the time of death.  If the deceased had multiple residences in multiple counties at the time of their death, then any of the counties where they had a fixed place of residence can be the appropriate jurisdiction.

 

Please note that counties across Tennessee handle probate cases differently.  Some counties (like Davidson County) have a full circuit court judge designated to handle all probate matters.  Other counties have specially designated probate judges that are not circuit court judges.

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Author

Jason A. Lee is a Member of Burrow Lee, PLLC. Contact Jason at 615-540-1004 or jlee@burrowlee.com for an initial consultation on wills estate planning and probate issues.

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Tennessee Wills and Estates Blog
Jason A. Lee, Member of Burrow Lee, PLLC
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