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Posted on Oct 12 2014 10:28PM by Attorney, Jason A. Lee
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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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Posted on Oct 27 2013 4:10PM by Attorney, Jason A. Lee
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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.
Follow me on Twitter at @jasonalee for
updates from the Tennessee Wills and Estates blog.
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Posted on Feb 16 2013 9:35PM by Attorney, Jason A. Lee
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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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