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Judge admits holographic will, appoints personal representative without live witnesses

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Summary

Judge David D. Wolfe admitted a holographic will to probate, finding affidavits of disinterested witnesses sufficient and signing an order to appoint a personal representative and issue letters of administration without requiring live testimony.

Judge David D. Wolfe admitted a decedent’s holographic will to probate and signed an order appointing a personal representative and issuing letters of administration after reviewing the file and affidavits filed by disinterested witnesses.

The judge said Tennessee probate rules for holographic wills require the document be in the decedent’s handwriting and supported by affidavits from disinterested witnesses. After reviewing the submitted affidavits, the judge told counsel he saw no reason to require live testimony and signed the proposed order. “I am of the opinion that your proposed order to appoint a personal representative and issue the letters of administration is appropriate,” he said.

Attorney Sarah Nash (appearing for the petitioner) said disinterested witness affidavits had been filed and that live testimony was therefore unnecessary. Counsel arranged to have the signed order filed with the clerk so letters could be issued to the appointed personal representative.