FREQUENTLY ASKED QUESTIONS

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Wills are most often offered to probate in common form.  This form of probate is used when it is not anticipated that the will will be contested. This form of probate is more simplified however the probate can be set aside at a later time for reasons such as fraud, proof of incapacity of the testator to make the will, proof of undue influence against the maker of the will or proof the will was revoked.  The procedure for offering a will to probate in common form is to file a petition, produce the will, and offer testimony of the witnesses to the will.  At Silva Law, we assist clients with probating wills in common form.

 Wills are offered for probate in solemn form when a will contest is anticipated.  This type of probate requires that all interested parties be given notice of the hearing.  If all persons are notified and the will is probated, it means that there can can be no further will contests.  If you need assistance with probating the estate of your loved one, please contact Silva Law at 615-258-5541.

Tennessee has a simplified probate process for small estates if the value of the property, not counting property held jointly with right of survivorship or real estate, does not exceed a certain amount. An executor files an affidavit with the probate court asking to use the simplified procedure and the court may authorize the executor to distribute the assets without having to go through regular probate.

See Tenn. Code Ann. § § 30-4-102 

 For a will to be validly executed, the testator must be at least 18 years old, the will must be signed by the testator, and the will must be signed by two witnesses in the presence of each other and in the presence of the testator. 

 Yes.  In order for a holographic or handwritten will to be valid, it must be signed by the testator, all material provisions of the will must be in the handwriting of the testator and the testator's handwriting must be proved by two witnesses. 

A will can be revoked by:

1) documentation of the revocation of the will that meets the execution formalities of a will;

2) by a subesequent will that revokes the prior will in whole or part or is inconsistent with the prior will;

3) By being burned, torn, cancelled, obliterated or destroyed with the intent to revoke the prior will; or

4) By a marriage of the testator after the will was made or by the birth of a child after the will was made.