32-1-113 - Mailing or delivery of will to personal representative or clerk of court. - Tennessee Statutes

32-1-113. Mailing or delivery of will to personal representative or clerk of court.

(a)  Any person or corporation who has possession of or discovers a written instrument purporting to be the last will and testament of a decedent shall mail or deliver that instrument to the personal representative named in the instrument as soon as the person or corporation has knowledge of the death, and a photographic copy of the instrument shall be mailed or delivered to the clerk of the court having probate jurisdiction in the county of the decedent's residence.

(b)  (1)  If the personal representative, or the personal representative's address, is not known, is deceased or is not eligible to serve;

     (2)  If the instrument does not name a personal representative;

     (3)  If the personal representative declines to serve; or

     (4)  If it appears that there is no estate that will require administration;

then the person having possession of the original instrument shall mail or deliver it to the clerk.

(c)  The receipt by the personal representative or the clerk shall relieve the person of further responsibility as to possession of the instrument.

(d)  The clerk of the court shall have no responsibility to perform any acts regarding the probate of the will and shall not accept any claims for filing against the estate unless and until the personal representative or other interested party files proper pleadings to initiate such an action.

[Acts 1985, ch. 139, § 3; 1989, ch. 364, § 3.]