04:19
Faizan
A will contest, particularly after an estate is settled, can be a stressful situation for all concerned. Under Tennessee law, any action to set aside probate, or the proving of the will in court, must take place within two years from the date that the will was admitted to probate. After that, with two exceptions, a will contest is forever barred.
Common Form Probate
Most often, wills are offered for probate in common form. A probate in common form can be set aside for reasons such as fraud or if someone later proves that the person who made the will did not have the capacity to make it, or was unduly influenced to make it. To begin probate, the will is presented to the probate court in the county in which the deceased, also known as the decedent, resided. The executor named in the will, or another interested party, presents the will to the clerk, master or judge of the probate court, who then examines the document to ensure that it meets execution requirements, or is "sufficient." If an eligible party contests the will within the two-year time frame, the court enters an order either denying or sustaining the party's right to contest. Under Tennessee law, if the order approves the will contest, the contesting party must post a bond in the amount of $500, and then the contest can go to trial.
Solemn Form Probate
Solemn form probate is used for nuncupative, or "deathbed" wills, made when the decedent knew that he was about to die. It's also used if the person presenting a will to the probate court wants to get any possible objections out of the way as soon as possible. In cases of solemn form probate, all interested persons must receive notice at least five days beforehand that the will is entering probate. If anyone intends to contest the will, he must do so before the final order is issued, admitting the will to probate in solemn form.
Contest Exceptions
The exceptions to the two-year statute of limitations for a Tennessee will contest involve two classes of people: Someone who was still a minor, or under the age of 18, at the time of the action can contest a will beyond the two-year period, as can someone who was "of unsound mind" during that time. The 18-year-old must contest the will by the time he turns 20. If the latter recovers from his mental disability, the individual must contest the will within two years of retaining his faculties.
Who Can Contest a Will
Not anyone can contest a will. However, if the decedent died intestate, or without a will, and an heir stands to benefit under Tennessee laws of intestate succession, he could contest the will. Intestate succession is based on marital and kinship ties. Also, if the decedent had a prior will in which a party was named as a beneficiary, that party could also contest the will entered into probate under Tennessee law. A contesting party must prove to the clerk of the probate court that he has the right to contest a will with the appropriate documentation of his relationship to the decedent or the prior will. The clerk must file and record whatever notice he gives.
Common Form Probate
Most often, wills are offered for probate in common form. A probate in common form can be set aside for reasons such as fraud or if someone later proves that the person who made the will did not have the capacity to make it, or was unduly influenced to make it. To begin probate, the will is presented to the probate court in the county in which the deceased, also known as the decedent, resided. The executor named in the will, or another interested party, presents the will to the clerk, master or judge of the probate court, who then examines the document to ensure that it meets execution requirements, or is "sufficient." If an eligible party contests the will within the two-year time frame, the court enters an order either denying or sustaining the party's right to contest. Under Tennessee law, if the order approves the will contest, the contesting party must post a bond in the amount of $500, and then the contest can go to trial.
Solemn Form Probate
Solemn form probate is used for nuncupative, or "deathbed" wills, made when the decedent knew that he was about to die. It's also used if the person presenting a will to the probate court wants to get any possible objections out of the way as soon as possible. In cases of solemn form probate, all interested persons must receive notice at least five days beforehand that the will is entering probate. If anyone intends to contest the will, he must do so before the final order is issued, admitting the will to probate in solemn form.
Contest Exceptions
The exceptions to the two-year statute of limitations for a Tennessee will contest involve two classes of people: Someone who was still a minor, or under the age of 18, at the time of the action can contest a will beyond the two-year period, as can someone who was "of unsound mind" during that time. The 18-year-old must contest the will by the time he turns 20. If the latter recovers from his mental disability, the individual must contest the will within two years of retaining his faculties.
Who Can Contest a Will
Not anyone can contest a will. However, if the decedent died intestate, or without a will, and an heir stands to benefit under Tennessee laws of intestate succession, he could contest the will. Intestate succession is based on marital and kinship ties. Also, if the decedent had a prior will in which a party was named as a beneficiary, that party could also contest the will entered into probate under Tennessee law. A contesting party must prove to the clerk of the probate court that he has the right to contest a will with the appropriate documentation of his relationship to the decedent or the prior will. The clerk must file and record whatever notice he gives.
Posted in: Estate Laws
