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Probate Guide - tncourts.gov

Probate Guide A Guide for clerks serving courts with Probate jurisdiction September 2012 TABLE OF CONTENTS PREFACE .. 0 CHAPTER ONE INTRODUCTION .. 1 The Probate court .. 1 Overview of the Testate and Intestate Estate .. 2 Sample Guidelines for Initiating An Estate .. 2 CHAPTER TWO ADMISSION OF WILL TO Probate .. 4 Time Limitations on Probate .. 4 Who Presents the Will or Wills .. 5 Renunciation by Devisee .. 5 Common Form Probate .. 5 Solemn Form Probate .. 5 Notice and Its Effect .. 5 Time of Notice .. 6 Other Considerations .. 6 Sufficiency of the Will .. 7 Common Form .. 7 Solemn Form .. 8 Affidavits .. 8 Secondary Proof .. 9 Out-of-State Execution of Will .. 9 Construction of Will .. 9 Contents of Petition.

The court exercising probate jurisdiction of the county in which the decedent usually resided (was domiciled) at the time of his or her death has jurisdiction over the estate. However, if the deceased had fixed residences in more than one county in Tennessee, then either county’s court exercising probate jurisdiction has jurisdiction.

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