Tennessee law allows will contests on specific grounds, such as undue influence, lack of capacity, or fraud. When someone challenges a will in Tennessee, the executor has several responsibilities to ensure that the probate process continues as smoothly as possible.
A challenge to the will, or a “will contest,” usually happens when an heir or beneficiary believes the will is invalid or unfair. Addressing these concerns calmly is part of being an effective executor.
Confirm the validity of the will
The executor has a responsibility to defend the validity of the will to the best of their ability. The executor must demonstrate proper execution of the will according to Tennessee law. This requires that the testator signed the will in front of at least two witnesses.
The executor must also gather all necessary documents and evidence that support the legitimacy of the will. This includes the original will, witness statements and any relevant medical records that prove the testator had the mental capacity to make sound decisions when signing the will.
Safeguard estate assets
It is of utmost importance to keep the estate’s assets safe and organized while the challenge is ongoing. This means managing the deceased person’s property, paying outstanding debts and filing taxes on time. However, the executor cannot proceed with distributing any assets to beneficiaries until the court resolves the will contest.
Keep thorough records
A will contest may take time to resolve, especially if the case goes to trial. During this period, the executor continues to manage the estate and keeps detailed records of all transactions. If the court ultimately rules that the will is valid, these records will facilitate the smooth and timely distribution of assets according to the will’s instructions.
However, if the court finds that the will is invalid, the estate can follow the instructions of a previous valid will. If no such will exists, asset distribution will instead follow Tennessee’s intestacy laws.
During the probate process, the executor’s duty is to the will itself. It is important for the executor to objectively defend the will and carry out its instructions without letting personal biases hinder the process.
