If a will is exempt from being filed with probate, do I still have to file it with the court?
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If a will is exempt from being filed with probate, do I still have to file it with the court?
My grandmother died 12/09. She left a Will with me as executor. It states that it did not need to be filed in TN probate court. I have an uncle insisting that it does. Did I do anything wrong? Everything was done exactly the way the Will stated.
Asked on November 8, 2010 under Estate Planning, Michigan
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your loss. I admit that I do not understand why a Will would have that provision in it. It may be something that is peculiar to the Tennessee estate laws. But here is the problem that I see with NOT filing the Will, even if you have followed the directives. By not filing the Will you really do not have the legal capacity required by law to act. The Courts generally confer that upon an executor. They give them the legal right to act and back them up in doing so. If you have acted as the Will stated then you have not done anything wrong but you I would seek consultation from an attorney in your area as to the matter to protect yourself against others her. Good luck.
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