What is the difference between when a Will is “recorded” and when it is “proved”?

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What is the difference between when a Will is “recorded” and when it is “proved”?

I have an ancestor whose ill was recorded in 1789 and proved in 1790. Can I infer from this information the approximate date of his death?

Asked on August 7, 2014 under Estate Planning, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Generally when a Will is "recorded" it means that it is filed with the Probate Court.  Some parties file their Wills before they pass away so that there is no chance of it being lost or misplaced accidentally on purpose if you know what I mean. Most are filed with the Probate Petition upon the death of the person. Proving a Will means proving it's validity as the the Last Will and Testament of the decedent (your ancestor).  Generally this is by means of witness affidavits. So while he or she could have died in 1789 , he or she was definitely dead in 1790. Good luck.


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