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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.
As a result, just
because someone dies outside the State of Tennessee does not mean that a
probate estate must be opened outside of Tennessee. It should be opened up in the county where
they were a resident.
Follow me on Twitter at @jasonalee for updates from the Tennessee Wills and Estates blog.
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