Legal Question in Wills and Trusts in Tennessee
My father left a will leaving me as executor and sole heir. he was married a little more than a year prior to his death to a woman with whom he never lived even after the marriage. What do I need to do to probate his will as this woman is going all over town with their marriage liscence in an attempt to gain access to whatever bank accounts etc he had
1 Answer from Attorneys
Understand that until the will is admitted to probate and a personal representative (here you) is appointed, the will is simply just another paper. Once you have the will admitted to probate, and qualify as the personal representative the court will issue what is known as "Letters Testamentary". These can be used by you to demonstrate to any financial institution such as a bank or credit union to show you have authority granted by the court to act on your father's behalf. I would notify the banks you know he had an account with of your appointment and provide a copy of the Letters Testamentary to them.
Sooner is better than later in this circumstance.
Most probate courts are very helpful in getting the probate process started. You can start without an attorney if you choose so do so. Obviously the size of your father's estate may be a guiding factor.
Hope you find this helpful.
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