How to Find a Will in Tennessee

Locating a loved one’s will can be overwhelming, especially with estate administration responsibilities. There are several methods can help you track it down and ensure their wishes are honored. 

At Foust & Foust, PLLC, we’re here to guide you through each step with the support you deserve. This article will cover practical ways to find a will in Tennessee, making the process clear and straightforward.

Importance of a Will

A will is a legal document that shares a final message from a loved one about how they wish to distribute their assets, care for family members, and settle affairs. In Tennessee, a will provides specific instructions on property division and other matters that matter deeply to the deceased. 

Without a will, the state’s intestacy laws kick in, and the state decides how the estate is divided—often not in ways that align with the person’s intentions. So, finding the will and honoring it is essential to preserving their wishes.

Common Locations for a Will

When searching for a will, it helps to start with places where the person may have stored important papers. Here’s a list of common spots:

With the Decedent

• Safe Deposit Box: Many people choose to store important documents in a bank’s safe deposit box for security. Accessing it after death might require a court order.
• Home Safes: Some folks have personal safes at home. You might need a combination or key, so it’s worth checking with family members if the code or key is known.
• Filing Cabinets or Desk Drawers: Personal filing spaces like cabinets or desks in home offices often hold critical paperwork, including wills.
• Among Personal Belongings: Important documents could also be tucked into personal belongings, such as a favorite drawer, a closet, or with other treasured items.

With Others

• Executor Named in the Will: The person appointed as executor may have a copy of the will, so reach out if you know who this might be.
• Attorney Who Drafted the Will: If the deceased worked with a lawyer, there’s a chance the original will is with their attorney.
• Family Members or Close Friends: Close relatives or friends might know where the will is kept or even hold a copy themselves.

Official Sources

• Probate Court in the County of Residence: If probate has already been opened, the will might be on file at the probate court.
• County Clerk’s Office: Some wills are recorded with the county clerk, especially if they were made public at the time of drafting.
• Tennessee Secretary of State: For registered wills, the Secretary of State’s office might have records, though this is less common.
• Tennessee State Library and Archives: This archive holds records from some county probate courts, so it could be worth a search.

Steps to Take When Searching for a Will

Let’s go over the practical steps to start your search. It can be methodical and detailed, but these steps will give you a clear path.

Gather Basic Information

Collect essential information about your loved one, including:

• Full legal name
• Date of birth and date of death
• County and state of residence
• Any details about the will, such as the drafting attorney or when it was created

Reach Out to Potential Holders

Start by contacting people who may have the will or know where it is. This could include family members, the attorney who may have prepared the will, or any known executor.

Search Personal Spaces

Carefully and respectfully search through the decedent’s belongings. Focus on the places we mentioned earlier, like safe deposit boxes, filing cabinets, or a home safe. Keep in mind that Tennessee recognizes holographic wills, so searching through personal papers and journals is important.

Check with the Probate Court

If a probate case has already been opened, the will should be on file with the court. If not, you may need to file a petition to open probate, allowing the court to review any will you locate.

Inquire with Banks

Banks may have a safe deposit box with the will, but gaining access often requires a court order. Contact the bank where your loved one held accounts to check if they stored any critical documents there.

Contact the Tennessee Secretary of State

Though uncommon, some wills are registered with the Secretary of State’s office. It’s worth a quick call or email to inquire about any registered wills on file.

Search the Tennessee State Library and Archives

For older probate records, the Tennessee State Library and Archives might have helpful information, especially if you’re unable to locate the will through other means.

Explore Online Databases

Some online resources, such as FamilySearch.org, hold probate records. While this may not yield the original will, it could offer leads or supporting documents in your search.

What If the Will Cannot Be Found?

If you exhaust all avenues and still can’t find the will, the law provides a structure for distributing assets based on intestacy laws. Under intestacy, the estate generally passes to the closest relatives, such as a spouse or children, though it’s far from the personalized distribution a will offers.

In cases where you find a copy of the will, you may be able to submit it to probate, though additional steps might be needed to confirm its validity. Consulting with an attorney can clarify the best path forward in such cases.

Important Considerations

• Privacy of Wills: Wills generally remain private until they’re filed with the probate court. Once filed, they become part of the public record. If no will is found, the state’s intestacy laws will determine how the estate is distributed.
• No Centralized Database: In Tennessee, there’s no single online database where wills are stored, so your search may involve multiple courts and archives.
• Patience and Persistence: Finding a will can require time and careful searching. Be patient, stay organized, and take it step by step. It’s important to note that even if a copy of the will is found, additional steps may be needed to prove its validity if the original cannot be located.

How Foust & Foust Can Help

At Foust & Foust, PLLC, we know that finding a will and handling probate can feel overwhelming. Our attorneys are here to help with every step, from locating wills to guiding you through the probate process. We prioritize clear communication and compassionate support to ensure you feel informed and cared for during this difficult time. If you need assistance with probate or estate planning, contact us today at (865) 203-4041. We’re ready to help you honor your loved one’s wishes and bring peace to your family’s future.