DATE:

04/01/04

SUBJECT/TOPIC:

FOREIGN WILLS

  Q:

May one establish title to real estate in Tennessee by recording a foreign will in the Register's Office? The will was duly probated in the domicile of the decedent. How does the fairly recent statute allowing probate for the limited purpose of having a will serve as a muniment of title relate?

  A:

You can probate a will as a muniment of title without opening a formal administration, appointing an executor, etc. It does not cut off the claims of creditors, but it does show evidence of title.

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