Original Will — Where Kept — Transfer of Will — Record of Transfer

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  2. Tennessee Code
  3. Wills
  4. Probate of Wills
  5. Original Will — Where Kept — Transfer of Will — Record of Transfer

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  1. Except when a will is before the court awaiting the determination of any controversy, an original will must remain in the clerk's office of the county where the will is proved or exhibited, or other suitable facility as provided in subsection (b), and any person may have access to it, as to other records.
    1. The clerk may transfer, as provided in subdivision (b)(2), all original wills in the clerk's possession for which at least three (3) years have elapsed since final settlement of the estate or final disposition of all actions involving the will.
    2. A will transferred pursuant to subdivision (b)(1) must be transferred to a county archive facility or any other suitable facility that:
      1. Stores local government records;
      2. Is secure from theft and natural disasters; and
      3. Has been approved by the judge of the respective court and the county public records commission.
  3. For the purposes of subsection (b), “final disposition” means that judgment has been entered and the appeal times have lapsed for all parties.
  4. The clerk of the court shall keep a record of each will that is transferred pursuant to subsection (b). The record must indicate the name of the testator, the date of transfer, and the location to which the will was transferred.

Code 1858, § 2170 (deriv. Acts 1794, ch. 1, § 49); Shan., § 3903; Code 1932, § 8100; T.C.A. (orig. ed.), § 32-202; Acts 2019, ch. 79, § 3.

Amendments. The 2019 amendment rewrote the section, which read: “Every original will shall remain in the clerk's office of the county where it is proved or exhibited, among the records of that office, except when it is before another court awaiting the determination of any controversy, and any person may have access to it, as to other records.”

Effective Dates. Acts 2019, ch. 79, § 4. April 3, 2019.

Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), § 321.


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