Contesting a Will in Tennessee: Who Can, When and Why

Kylene Ross

Oct 1

4 min read

To contest a will in Tennessee, you generally must be someone who would receive part of the estate if the will were set aside, and you must act within two years after the court admits the will to probate (Tenn. Code Ann. § 32-4-108). The probate court first decides whether you have the right to contest. If you do, the case goes to trial on whether the will is valid.

Who can contest a will

The probate court must enter an order "sustaining or denying the contestant's right to contest the will" before anything else happens (Tenn. Code Ann. § 32-4-101). Tennessee courts have held that a person shows that right by showing they would be entitled to share in the estate if the will were set aside, for example as an heir under the law, or as a beneficiary under an earlier will.

Being unhappy with your share is not enough by itself. You need a legal interest in the outcome.

The deadline

A suit to set aside the probate of a will, or a petition to certify a will for a contest, "must be brought within two (2) years from entry of the order admitting the will to probate, or be forever barred" (Tenn. Code Ann. § 32-4-108). There is an exception for people who were under 18 or had been adjudicated incompetent when the right arose.

Two years is the outer limit, not a target. How the will was probated can matter too. Tennessee case law treats a will probated "in solemn form," where interested people were formally notified, as much harder to challenge later. If you get notice of a probate hearing, talk to a lawyer before that date.

Common grounds for a contest

A will contest asks whether the paper is a valid will. Common grounds include:

Improper signing. Most wills must be signed by the person making the will, or by someone at their direction, with at least two witnesses who sign in the person's presence and in each other's presence (Tenn. Code Ann. § 32-1-104). Handwritten wills have their own rules (Tenn. Code Ann. § 32-1-105).
Lack of capacity. A person must be 18 or older and "of sound mind" to make a will (Tenn. Code Ann. § 32-1-102).
Undue influence. Someone used pressure or a position of trust to replace the person's wishes with their own.
Fraud or forgery. The person was tricked, or the signature is not theirs.
Revocation. The person later revoked the will, for example with a newer will.

Talk to a Lawyer Today

Call (615) 997-7618 to talk with Kylene Ross about your situation. Prefer to write first? Send us a message and we are notified right away.

How the case moves

Notice of contest. You raise the contest in the court handling the probate. In Sumner County, that is the Chancery Court, through the Clerk and Master at 155 East Main Street, Room 3600, Gallatin.
Right to contest. The court decides whether you have standing (Tenn. Code Ann. § 32-4-101).
Bond. If the court allows the contest, you must post a bond of $500, with surety, payable to the executor, to cover costs if the contest fails (Tenn. Code Ann. § 32-4-101).
Choose the trial court. In your notice of contest, you choose whether the trial is held in circuit court or in a court with probate jurisdiction, such as chancery court (Tenn. Code Ann. § 32-4-109).
Trial. The issue may be tried by a jury. The result is certified back to the probate court (Tenn. Code Ann. § 32-4-107).

A will contest is different from other estate disputes

Not every fight over an estate is a will contest. Questions about what a will means, how an executor is handling the estate, or whether a debt is valid are handled in other ways. Some wills also have a "no-contest" clause meant to cut out anyone who challenges the will. If the will you are looking at has one, get advice before you file anything.

What to gather now

A copy of the will and the court's order admitting it, with the date.
Any earlier wills you know about.
Medical records or notes about the person's health around the time the will was signed.
Names of the witnesses and the people who were present.
Texts, emails or letters about the will or the person's wishes.

How we can help

Attorney Kylene Ross and our probate paralegal, who has 20 years of probate, wills and estates experience, help families in Sumner County and nearby counties look at whether a contest is possible, on time and worth it, and help executors respond when a will is challenged. See our probate page, our wills and trusts page, and our guide to executor duties in Tennessee.

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