Tennessee updates laws on wills and claims against estates

On February 19, 2025, the Tennessee State Legislature introduced House Bill 906, a significant piece of legislation aimed at reforming the probate process in the state. The bill seeks to clarify and modernize the definitions and requirements surrounding various types of wills, including holographic and nuncupative wills, which are often less understood in legal contexts.

One of the key provisions of House Bill 906 is the introduction of clear definitions for different types of wills. A "holographic will" is defined as a testamentary document entirely written in the testator's handwriting, while a "nuncupative will" refers to a will verbally declared by the testator under specific conditions. This clarity is intended to streamline the probate process and reduce disputes over the validity of such documents, which can often arise due to ambiguous legal language.

The bill also amends existing statutes to establish a more straightforward procedure for contesting claims against an estate. It stipulates that testamentary distributees or intestate heirs must file written exceptions to claims within 30 days of receiving notice from the court. This provision aims to expedite the resolution of estate claims, potentially alleviating the burden on families during what is often a challenging time.

Debate surrounding House Bill 906 has highlighted concerns from various stakeholders. Proponents argue that the bill will simplify the probate process and provide greater legal certainty for families navigating estate matters. However, some legal experts caution that the introduction of nuncupative wills may lead to increased litigation, as verbal declarations can be more challenging to substantiate than written documents.

The implications of this bill extend beyond legal technicalities; they touch on broader social and economic issues. By clarifying the probate process, the legislation could reduce the time and costs associated with settling estates, ultimately benefiting families and the legal system alike. Additionally, as more individuals seek to create wills that reflect their wishes, the bill may encourage greater engagement with estate planning, which is often overlooked.

As House Bill 906 moves through the legislative process, its potential to reshape how wills are understood and executed in Tennessee remains a focal point of discussion. Stakeholders will be watching closely to see how amendments may alter its trajectory and what final form the legislation will take. The outcome could set a precedent for how similar issues are addressed in other states, making this bill a significant development in the realm of estate law.