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Last Modified on Dec 12, 2025
Contesting a will in Tennessee isn’t simple. Whether your loved one’s estate is represented by a will, trust, or combination of other estate planning documents, navigating the law requires legal experience. It’s in your interests to consult with a qualified will contests lawyer familiar with the intricacies of Tennessee estate laws and probate.
Common Reasons to Contest a Will in Tennessee
There are numerous reasons you may have for contesting a will. The most common reasons for contesting a will include:
- The estate owner wasn’t of sound mind or lacked capacity.
- The estate owner was pressured or influenced by another party. It is often necessary to understand how to prove undue influence to succeed in these claims.
- The will contains fraudulent terms.
- The will was not executed or created properly.
- The will was previously revoked as invalid.
Every contested will case is unique. The timelines to contest a will are short, so hire a will contests attorney with experience in Tennessee estate and probate law. The help of a qualified will contests attorney can help you plan a valid and legal approach to contesting the will.
How and When to Contest a Will in Tennessee
Americans resist estate planning. A 2025 survey reported that 59% of Americans have no estate plan. Of those who have a legal will, 1 in 4 never update their wills. A will that’s out of date can be fertile grounds for a contested will disagreement when the estate moves into probate. You may also want to learn about the rights of a surviving spouse if the current will does not reflect recent life changes.
A separate survey indicates that 58% of estates have one or more legal disputes or contested wills. An estate lawyer can not only help you create a legal estate plan, including a will and other options, but also help you file and contest a will.
Will contest laws are different for each county. The process to contest a will starts by filing at the Probate Court Clerk’s office. The probate court in the county where the estate enters probate handles will contests. It’s important that you locate the Probate Court in the county where the estate owner lived. Familiarizing yourself with the general Tennessee probate process can help you prepare for these court filings.
Wills can only be contested during the probate process or up to two years after the death of the testator (estate owner). Reaching a settlement typically happens through mediation. If mediation fails, then the case moves to the court for litigation.
Cost and Duration of a Contested Will
When you are considering filing a contested will case, plan for the potential costs. Consider the costs for attorney, court, and county filing fees. Additionally, plan on fees for interviewing witnesses, gathering evidence, and producing legal documentation.
Costs may also be incurred during the settlement of the estate or by judgment of the court. When contesting a will, meet as early as possible with a contested wills attorney at the Emmack Probate and Estate Law Group to ensure the legality of your case.
Why Hire a Will Contests Lawyer in Tennessee
Hiring an experienced and local Tennessee will contests attorney gives you a distinct advantage when contesting a will. You can use the legal guidance and knowledge to understand the merits of your case and the costs involved from start to settlement.
Will contest laws are complex, and the timing of filings and fees is critical to the success of your contested will case. Legal guidance from an experienced wills contest attorney from the Emmack Probate and Estate Law Group helps ensure your contested will case has appropriate grounds for contesting a will, along with negotiation and litigation skills if you need them.
Contesting a will starts within the probate process. When contesting a will, meet as early as possible with a contested wills attorney from our team. Meeting timelines is critical once an estate enters probate. Allow time to prepare a legal approach, gather evidence, and determine the strength of your contested will case.
FAQs
How Long Does It Take to Contest a Will in Tennessee?
The length of time a will contest in Tennessee depends on the probate process and the complexity of the will contest case. Find the county where the owner of the will resides to file a contested will case. Each county in Tennessee has a Probate Court and Clerk’s Office. For example, the Davidson County Probate Court Clerk’s office can be found by doing an online search.
What Circumstances Could Lead to a Will Being Contested?
There are several reasons a will could be contested in Tennessee. These include the testator lacking the mental capacity to understand the will, undue influence from a third party, like a caregiver, friend, or family member, evidence of fraud or forgery, and improper execution of a will document. A person must do more than file for a contested will. The filer must provide legal evidence to prove the will is invalid.
How to Contest a Will in Tennessee?
You contest a will in Tennessee by filing a contested will case with the county Probate Court Clerk’s Office in the county where the testator lived. Most counties in Tennessee require the filer to fill out the form to request to contest a will and pay a fee. Consider hiring a Tennessee Wills Contest Lawyer for legal guidance.
What Percentage of Contested Wills Are Successful?
The percentage of successfully contested wills is 1% in the U.S., and in Davidson County. The success of a will contest depends heavily on the ability to prove the will is invalid. Grounds for a will contest include evidence of improper execution or an unsigned will, lack of testamentary capacity, or saying the will’s creator was not of sound mind, and undue influence by a third party.
Contact a Will Contest Lawyer from the Emmack Probate and Estate Law Group
Tennessee’s laws are complex and vary by county. Each county also differs in timelines and requirements for filing, negotiating, and litigation of will contest cases. Shanone Emmack at the Emmack Probate and Estate Law Group leverages her extensive 10 years of Tennessee legal experience with estate planning and probate to help your case. Consult with a Tennessee will contest attorney today for assistance with your case.
Tennessee Will Contest Resources
