Guide To How Will Contests Work in Tennessee

When a Will Can Be Contested 

A will cannot be challenged in Tennessee simply because it seems unfair. A contest must be based on specific legal grounds that affect the validity of the document itself, such as undue influence, lack of testamentary capacity, fraud, or improper execution of the will. 

Step-by-Step: The Will Contest Process 

Contesting a will in Tennessee typically involves filing a contest in probate court, establishing standing, posting a bond, transferring the case to a trial court, conducting discovery, and ultimately resolving the dispute through mediation or trial. Here are the general steps that a contest requires: 

Step 1: The Will Is Filed for Probate 

A will contest usually begins after the will has been filed with the probate court in the county where the decedent lived. The person named as executor submits the will to the court and requests that it be admitted to probate so the estate administration can begin. 

In Tennessee, a will may be admitted to probate in common form or solemn form, and the type of probate can affect how the will may later be challenged. 

Probate in Common Form 

Most wills in Tennessee are admitted to probate in common form, which is an informal and expedited process. The will is presented to the court, the executor takes the required oath, and the court issues letters testamentary authorizing the executor to administer the estate. 

This process generally does not require advance notice to heirs or beneficiaries, and it can often be completed quickly after the petition is filed. 

However, probate in common form is not final. The validity of the will may later be challenged through a will contest. 

Probate in Solemn Form 

Probate in solemn form is a more formal process. Interested parties receive notice and have the opportunity to appear in court and object to the will. 

If the court admits the will to probate in solemn form after notice and hearing, the decision is generally final and binding, providing much greater certainty regarding the validity of the will. 

Why This Matters 

Many will contests arise after a will has been admitted to probate in common form, since that procedure allows the estate administration to begin without first resolving potential disputes over the will. 

Step 2: A Petition Contesting the Will Is Filed 

To begin a will contest in Tennessee, the interested person must file a formal complaint or petition contesting the will in the probate court where the estate is pending. 

This document initiates the will contest and sets out the legal and factual basis for challenging the validity of the will. The complaint must contain specific information explaining why the will should be set aside. 

The Complaint Must Explain the Contestant’s Interest 

The petition must clearly describe the contestant’s relationship to the decedent and why they have a financial interest in the estate if the will is set aside. This information helps the court later decide whether the contestant has standing to move forward. 

The Complaint Must Identify the Grounds for the Contest 

The petition must also state the legal grounds on which the will is being challenged. Tennessee courts will not invalidate a will simply because a family member disagrees with the distribution of property. Instead, the complaint must allege a recognized legal defect, such as lack of testamentary capacity, undue influence, fraud, forgery, or improper execution. 

The Complaint Should Include Supporting Facts 

In addition to identifying the legal grounds for the challenge, the complaint should describe the facts that support those claims. 

For example, if undue influence is alleged, the complaint may describe circumstances suggesting that the testator was vulnerable or that another individual exercised control over the preparation or execution of the will. These factual allegations help frame the issues that will later be examined through discovery, depositions, and trial testimony. 

The Complaint Requests Relief From the Court 

The petition typically asks the court to grant specific relief related to the will contest. This may include: 

• setting aside the probate of the contested will 
• determining whether the document is the decedent’s valid will 
• certifying the contest to a trial court for resolution 

These requests inform the court how the contestant believes the dispute should be resolved. 

Verification and Necessary Parties 

The complaint is usually verified by affidavit, meaning the contestant swears that the allegations in the petition are true to the best of their knowledge. 

In addition, all individuals who may have an interest in the estate, such as beneficiaries named in the will or heirs who might inherit if the will were invalid, must generally be included as parties to the action. This ensures that the court’s decision will be binding on all interested persons. 

Once the verified complaint or petition is properly filed, the probate court then determines whether the contestant has standing to pursue the will contest. If the court determines that standing exists, the contest moves forward to the next stage of the process. 

Step 3: The Court Determines Whether the Contestant Has Standing 

Before a will contest can move forward, the probate court must determine whether the person challenging the will has standing. Standing is a threshold requirement in Tennessee and generally exists only if the contestant would benefit financially from the estate if the contested will were set aside. 

Most contestants establish standing either as heirs at law (who would inherit if there were no valid will) or as beneficiaries under a prior will who receive less under the contested document. Someone who would not inherit under any circumstance is considered a “stranger” to the estate and cannot pursue a contest. 

When a will contest is filed, the probate court must resolve standing before allowing the case to proceed. If standing is established, the court allows the contest to go forward and certifies it to a trial court. If the contestant lacks standing, the challenge is dismissed and the probate process continues. 

Step 4: The Contestant Must Post a Bond 

If the probate court determines that the will contest may proceed, Tennessee procedure generally requires the contestant to post a bond in the amount of $500 before the case moves forward. 

The bond functions as a financial safeguard connected to the litigation. Its purpose is to ensure that the person bringing the will contest pursues the case responsibly and that certain court costs can be paid if the challenge is unsuccessful. 

What the Bond Requirement Means 

A bond is a form of financial assurance filed with the court. In a will contest, the contestant must provide a bond backed by surety. 

“Surety” means that another person or entity guarantees the payment obligation. If the contestant fails to pay the costs that may be assessed in the case, the surety becomes responsible for the amount secured by the bond. In practice, the surety may be an insurance or bonding company or an individual who agrees to guarantee the bond. 

Tennessee procedure also allows certain individuals who cannot afford the bond to proceed by filing a pauper’s oath, which permits the case to continue without posting the bond if the person qualifies financially. 

Why the Bond Requirement Exists 

The bond requirement serves two practical purposes in Tennessee will contest litigation. 

First, it helps ensure that the contest is brought in good faith and pursued seriously. Second, it provides limited financial protection for the estate and its representatives in the event the contest fails and court costs must be assessed. 

What Happens if the Bond Is Not Filed 

Failure to provide the required bond can affect how the will contest proceeds. 

If the bond is not provided when required, the court may refuse to allow the contest to move forward. In some situations, the failure to comply with the bond requirement can result in the contest being dismissed. 

Once the bond requirement is satisfied, the probate court can certify the will contest to the appropriate trial court where the litigation continues. 

Step 5: The Will Contest Is Transferred to a Trial Court 

Once the probate court determines that the contestant has standing and the required bond has been posted, the court transfers the will contest to a trial court for resolution. 

In Tennessee, the contest may be tried in: 

• Circuit Court 
• Chancery Court 
• another court of record with jurisdiction 

The contestant usually selects the trial court when filing the notice of contest. The probate court then sends the will and the record of the case to that court. 

The trial court determines whether the contested document is the decedent’s valid last will and testament, considering issues such as testamentary capacity, undue influence, fraud, and proper execution. 

While the validity of the will is being litigated in the trial court, the administration of the estate generally continues in probate court. 

In some situations, if the chancery court is already acting as the probate court, it may retain the case and conduct the trial itself. 

Step 6: Discovery and Litigation Begin 

After the probate court certifies the contest, the parties begin the litigation and discovery process, which allows each side to gather evidence and evaluate the strengths and weaknesses of the claims being made. 

Discovery is often one of the most important phases of a will contest. These cases frequently involve questions about the decedent’s mental capacity, the circumstances surrounding the signing of the will, and the involvement of individuals who may have influenced the testator.  

Common Types of Discovery in Will Contests 

Several discovery tools are commonly used in Tennessee will contest litigation. 

• Written questions. The parties may also serve written questions called interrogatories requiring the opposing party to provide sworn responses about relevant facts. 
• Document requests. The parties may request documents related to the decedent’s medical condition, financial records, communications, and other materials that may shed light on the circumstances surrounding the will. 
• Subpoenas for records. Medical records, banking records, and other third-party documents are often obtained through subpoenas issued to healthcare providers, financial institutions, or other custodians of records. 
• Depositions. Attorneys may question witnesses under oath before trial. Depositions are frequently taken from individuals such as the attorney who drafted the will, the witnesses who observed the will being signed, caregivers, family members, and medical providers. 

Key Witnesses in a Will Contest 

Discovery often focuses on individuals who had close contact with the decedent around the time the will was created. These witnesses may include: 

• the attorney who prepared the will 
• witnesses who signed the will 
• family members 
• caregivers or companions 
• physicians or other medical professionals 

Testimony from these individuals can be critical in determining issues such as the decedent’s mental capacity or whether undue influence may have occurred. 

Evaluating the Case During Discovery 

As discovery progresses, both sides begin to evaluate the evidence and assess the likelihood of success at trial. The parties may file motions asking the court to resolve certain issues before trial, and settlement discussions often occur during this phase. 

Because will contests can involve extensive records and witness testimony, discovery may take many months to complete, depending on the complexity of the estate and the number of parties involved. 

Once discovery is largely completed, the court may require the parties to participate in mediation in an effort to resolve the dispute before the case proceeds to trial. 

Step 7: The Court May Require Mediation 

Before a will contest proceeds to trial, many Tennessee courts require the parties to participate in mediation. Mediation is a structured settlement process where a neutral third party—called a mediator—helps the parties attempt to resolve the dispute without a trial. 

Unlike a judge or jury, the mediator does not decide the case. Instead, the mediator works with both sides to identify areas of agreement, evaluate the strengths and weaknesses of the claims, and explore possible settlement options. 

What Happens During Mediation 

Mediation typically occurs after the parties have exchanged evidence during discovery. By this stage, both sides usually have a clearer understanding of the facts, the available witnesses, and the risks of going to trial. 

During mediation: 

• the parties and their attorneys meet with the mediator 
• each side explains its position and the evidence supporting it 
• the mediator often meets privately with each side to discuss settlement options 
• the mediator attempts to facilitate a negotiated resolution 

Mediation sessions often last half a day to a full day, depending on the complexity of the case. 

Why Courts Require Mediation 

Many Tennessee judges order mediation in contested probate matters because it can significantly reduce the time and expense of litigation. 

Will contests often involve family members, emotional disputes, and complicated factual issues. Mediation provides an opportunity for the parties to resolve the case privately rather than presenting the dispute to a judge or jury. 

Courts also recognize that mediation can preserve family relationships and avoid the uncertainty of a trial. 

Success Rate of Mediation in Will Contests 

Mediation is frequently successful in probate disputes. A significant percentage of contested estate cases resolve during mediation or shortly afterward once the parties have had an opportunity to evaluate the strengths and weaknesses of their positions. 

Even when mediation does not result in an immediate settlement, the process often narrows the issues and helps the parties better understand the risks involved in continuing the litigation. 

Who Pays for Mediation 

The cost of mediation is typically shared by the parties, although the court may allow the parties to allocate the expense differently if they reach a settlement agreement. 

Mediators usually charge an hourly or daily rate, and the total cost varies depending on the experience of the mediator and the length of the session. 

In many Tennessee will contest cases, mediation costs are several hundred dollars per party, though complex cases involving highly experienced mediators may cost more. 

If the case settles during mediation, the parties can include mediation costs as part of the overall settlement agreement. 

If the case is not resolved through settlement or pre-trial motions, it proceeds to trial. 

Step 8: The Case Proceeds to Trial 

If the case is not resolved through settlement, mediation, or pre-trial motions, the will contest proceeds to trial. 

At trial, the court or jury must determine whether the contested document is the decedent’s valid will. The central issue is whether the will was properly executed and reflects the true intent of the person who signed it. 

Burden of Proof 

In most Tennessee will contest cases, the parties present evidence in a specific order. 

First, the party defending the will, often the personal representative or the beneficiaries named in the will, must show that the will was properly executed in compliance with Tennessee law. This typically involves testimony from the witnesses who signed the will or proof that the will contains a valid self-proving affidavit. 

Once proper execution is established, the will is generally presumed to be valid. The burden then shifts to the contestant to prove that the will should be set aside. 

The contestant then must prove that the will is invalid due to issues such as lack of testamentary capacity, undue influence, fraud, or another legal defect. 

Presentation of Evidence 

During the trial, both sides may present a variety of evidence, including: 

• testimony from witnesses who observed the will being signed 
• testimony from the attorney who prepared the will 
• medical records or testimony from physicians 
• financial records or communications between the parties 
• expert testimony regarding mental capacity or other issues 

Witnesses testify under oath and may be questioned by attorneys for both sides. 

Jury Trials in Will Contests 

Many Tennessee will contests are tried before a jury, although the parties may sometimes agree to have the case decided by a judge. 

If a jury trial is requested, the jurors evaluate the evidence and decide whether the will is valid. The judge then enters a judgment based on the jury’s findings. 

After the Trial 

Once the trial concludes, the trial court’s decision regarding the validity of the will is certified back to the probate court. The probate court then continues administering the estate according to the outcome of the will contest.