Tenn. Code Ann. § 32-2-102
This is the official text of Tenn. Code Ann. § 32-2-102, part of Tennessee’s Code Ann — part of the compiled statutory law of Tennessee, published by the state as "Code Ann." Browse the sections below, each linked to its official government source.
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Original will - Where kept - Transfer of will - Record of transfer
Official statutory text
(a) Except when a will is before the court awaiting the determination of any controversy, an original will must remain in the clerk's office of the county where the will is proved or exhibited, or other suitable facility as provided in subsection (b), and any person may have access to it, as to other records. (b) (1) The clerk may transfer, as provided in subdivision (b)(2), all original wills in the clerk's possession for which at least three (3) years have elapsed since final settlement of the estate or final disposition of all actions involving the will. (2) A will transferred pursuant to subdivision (b)(1) must be transferred to a county archive facility or any other suitable facility that: (A) Stores local government records; (B) Is secure from theft and natural disasters; and (C) Has been approved by the judge of the respective court and the county public records commission. (c) For the purposes of subsection (b), "final disposition" means that judgment has been entered and the appeal times have lapsed for all parties. (d) The clerk of the court shall keep a record of each will that is transferred pursuant to subsection (b). The record must indicate the name of the testator, the date of transfer, and the location to which the will was transferred. Amended by 2019 Tenn. Acts, ch. 79,s 3, eff. 4/3/2019. Code 1858, § 2170 (deriv. Acts 1794, ch. 1, § 49); Shan., § 3903; Code 1932, § 8100; T.C.A. (orig. ed.), § 32-202.
(a) Except when a will is before the court awaiting the determination of any controversy, an original will must remain in the clerk's office of the county where the will is proved or exhibited, or other suitable facility as provided in subsection (b), and any person may have access to it, as to other records.
(b) (1) The clerk may transfer, as provided in subdivision (b)(2), all original wills in the clerk's possession for which at least three (3) years have elapsed since final settlement of the estate or final disposition of all actions involving the will. (2) A will transferred pursuant to subdivision (b)(1) must be transferred to a county archive facility or any other suitable facility that: (A) Stores local government records; (B) Is secure from theft and natural disasters; and (C) Has been approved by the judge of the respective court and the county public records commission.
(1) The clerk may transfer, as provided in subdivision (b)(2), all original wills in the clerk's possession for which at least three (3) years have elapsed since final settlement of the estate or final disposition of all actions involving the will.
(2) A will transferred pursuant to subdivision (b)(1) must be transferred to a county archive facility or any other suitable facility that: (A) Stores local government records; (B) Is secure from theft and natural disasters; and (C) Has been approved by the judge of the respective court and the county public records commission.
(A) Stores local government records;
(B) Is secure from theft and natural disasters; and
(C) Has been approved by the judge of the respective court and the county public records commission.
(c) For the purposes of subsection (b), "final disposition" means that judgment has been entered and the appeal times have lapsed for all parties.
(d) The clerk of the court shall keep a record of each will that is transferred pursuant to subsection (b). The record must indicate the name of the testator, the date of transfer, and the location to which the will was transferred.
Amended by 2019 Tenn. Acts, ch. 79,s 3, eff. 4/3/2019.
Code 1858, § 2170 (deriv. Acts 1794, ch. 1, § 49); Shan., § 3903; Code 1932, § 8100; T.C.A. (orig. ed.), § 32-202.
(a) Except when a will is before the court awaiting the determination of any controversy, an original will must remain in the clerk's office of the county where the will is proved or exhibited, or other suitable facility as provided in subsection (b), and any person may have access to it, as to other records.
(b) (1) The clerk may transfer, as provided in subdivision (b)(2), all original wills in the clerk's possession for which at least three (3) years have elapsed since final settlement of the estate or final disposition of all actions involving the will. (2) A will transferred pursuant to subdivision (b)(1) must be transferred to a county archive facility or any other suitable facility that: (A) Stores local government records; (B) Is secure from theft and natural disasters; and (C) Has been approved by the judge of the respective court and the county public records commission.
(1) The clerk may transfer, as provided in subdivision (b)(2), all original wills in the clerk's possession for which at least three (3) years have elapsed since final settlement of the estate or final disposition of all actions involving the will.
(2) A will transferred pursuant to subdivision (b)(1) must be transferred to a county archive facility or any other suitable facility that: (A) Stores local government records; (B) Is secure from theft and natural disasters; and (C) Has been approved by the judge of the respective court and the county public records commission.
(A) Stores local government records;
(B) Is secure from theft and natural disasters; and
(C) Has been approved by the judge of the respective court and the county public records commission.
(c) For the purposes of subsection (b), "final disposition" means that judgment has been entered and the appeal times have lapsed for all parties.
(d) The clerk of the court shall keep a record of each will that is transferred pursuant to subsection (b). The record must indicate the name of the testator, the date of transfer, and the location to which the will was transferred.
Amended by 2019 Tenn. Acts, ch. 79,s 3, eff. 4/3/2019.
Code 1858, § 2170 (deriv. Acts 1794, ch. 1, § 49); Shan., § 3903; Code 1932, § 8100; T.C.A. (orig. ed.), § 32-202.
Status: in_force
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