Court Safekeeping of Original Wills in Tennessee

At a glance

Requirements one by one

Court, wrapper, and fee

For a living testator, § 32-1-112(a) permits deposit by the testator or another person acting for the testator with the court exercising probate jurisdiction in the county where the testator lives. The written will must be in a sealed wrapper bearing the testator's name, residence, Social Security or driver's-license number if any, and the date and person of delivery. The route applies only when the probate clerk has a secure vault or safe. The court gives a certificate and charges $5.

Custody and retrieval during life

Under § 32-1-112(b), the deposited will can be delivered during life only to the testator or a person authorized by the testator in writing, with authority proved by a subscribing witness's oath. The statute also expressly preserves the testator's ability to revoke, amend, withdraw, or replace the deposited will (§ 32-1-112(e)(1)).

After death

Section 32-1-112(a) also lets any person deposit a written will after the testator's death with the court of the county where the testator lived at death, subject to the secure-storage condition. After a death certificate or other evidence accepted by the probate judge is submitted, the court opens the will in open session and makes it public (§ 32-1-112(c)). If another court has probate jurisdiction, § 32-1-112(d) allows transfer by certified or registered mail, or delivery to the named executor or another interested trusted person, on an authorized request.

What trips people up

The secure vault or safe is a statutory condition, so the deposit route depends on the particular clerk's facility (§ 32-1-112(a)). Deposit itself does not probate the will (§ 32-1-112(e)(1)). A will deposited after death has its own limited recipient list: the named executor, next of kin, or someone authorized by law or court order (§ 32-1-112(b)).

Common questions

Can another person lodge the will after the testator dies? Yes. Section 32-1-112(a) allows any person to deposit the written will with the probate court in the county of the testator's residence at death, subject to the clerk's secure-storage condition.

Can the testator replace a deposited will? Yes. Section 32-1-112(e)(1) expressly preserves withdrawal and substitution before death.

Statutes and sources

• Tenn. Code Ann. § 32-1-112(a)–(e)(1). Verbatim current-edition text, source URL, and access dates appear in the source fields above; the official 1999 replacement act and 2024–2026 bridge are identified in the verification record.