(a) Except when a will is before the court awaiting the determination of any controversy, an original will must remain in the clerk’s office of the county where the will is proved or exhibited, or other suitable facility as provided in subsection (b), and any person may have access to it, as to other records.
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Terms Used In Tennessee Code 32-2-102

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Testator: A male person who leaves a will at death.
(b)

(1) The clerk may transfer, as provided in subdivision (b)(2), all original wills in the clerk’s possession for which at least three (3) years have elapsed since final settlement of the estate or final disposition of all actions involving the will.
(2) A will transferred pursuant to subdivision (b)(1) must be transferred to a county archive facility or any other suitable facility that:

(A) Stores local government records;
(B) Is secure from theft and natural disasters; and
(C) Has been approved by the judge of the respective court and the county public records commission.
(c) For the purposes of subsection (b), “final disposition” means that judgment has been entered and the appeal times have lapsed for all parties.
(d) The clerk of the court shall keep a record of each will that is transferred pursuant to subsection (b). The record must indicate the name of the testator, the date of transfer, and the location to which the will was transferred.
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