Short answer: Under Tennessee law, protecting an inheritance when a family member contests an estate requires prompt action, careful documentation, and usually an experienced probate attorney. You can preserve rights by securing records, asking the executor to follow statutory duties, and, when necessary, defending the will or other transfer methods (trusts, beneficiary designations) in probate court.

How probate and will contests generally work in Tennessee

When someone dies in Tennessee, their will (if any) is submitted to the county probate court for admission to probate. Interested persons may challenge the will or otherwise contest actions taken by the executor. Tennessee’s courts administer probate matters under the Tennessee Code Annotated (T.C.A.) and the state’s probate procedures; the courts explain common probate steps and forms on the Tennessee Courts website: https://www.tncourts.gov/programs/self-help/wills-probate-guardianship. You can review the state code through the Tennessee General Assembly site: https://www.capitol.tn.gov/.

Typical grounds a family member may use to contest an estate

• Lack of testamentary capacity (the testator lacked mental capacity when the will was made).
• Undue influence (someone pressured or manipulated the testator to alter the will).
• Fraud or forgery (the will was forged or the testator was tricked).
• Improper execution (the will was not signed or witnessed in the manner required by Tennessee law).
• Revocation (a later valid will or other act revoked the earlier document).

Practical steps to protect your inheritance (what to do now)

1. Act quickly. Probate contests move fast. Once the will is filed for probate you will have a limited time to file objections or petitions. Contact a Tennessee probate attorney immediately to confirm deadlines for your county.
2. Get a certified copy of the will and any codicils. Ask the executor or the clerk of probate court for certified copies. Those are essential to file or defend a contest.
3. Preserve key documents and evidence. Collect medical records, physician notes, appointment calendars, letters or emails, financial records, deeds, beneficiary forms, trust documents, and any communications that show the testator’s intent or possible influence by others.
4. Identify witnesses. List witnesses to the will signing, caregivers, friends, lawyers, and medical providers who can speak to the testator’s state of mind and how the will was created.
5. Ask the executor to inventory and protect assets. The executor has duties to collect, safeguard, and not improperly distribute estate assets. If you are concerned distributions will occur before a dispute is resolved, ask your attorney to pursue a court order preventing distributions or to require a bond from the executor under the court’s authority.
6. Consider alternative confinement of assets. If the assets are at risk of being dissipated, your attorney can ask the probate court for injunctive relief, turnover, or appointment of a special administrator to secure property pending litigation.
7. Evaluate settlement or mediation. Many will contests settle. Mediation can preserve value and speed resolution while reducing litigation costs.

How defenses and contests usually proceed

If a family member contests a will, the contestant generally has the burden to prove the alleged defect (for example, undue influence). The executor/beneficiaries will defend the will’s validity by producing proof of proper execution, witnesses, and evidence of the decedent’s intent and capacity. Courts look for objective proof: dates, records, witness testimony, and documentation of the testator’s decision-making.

Ways families protect assets before death (prevention for the future)

• Create a revocable living trust and transfer assets into it to avoid probate (trusts can make will contests harder because assets are not controlled through probate).
• Use beneficiary designations and payable-on-death accounts for simple, nonprobate transfers.
• Keep contemporaneous records of estate planning meetings, including notes from the drafting attorney, medical assessments, and signed statements of intent.
• Use clear, properly executed wills and consider conflict-minimizing provisions (but know that “no-contest” clauses are not always ironclad and can be limited by courts).

Hypothetical example

Hypothetical facts: A parent signs a will leaving most assets to one child and smaller bequests to others. After the parent’s death, a different child files a contest alleging undue influence. To protect your share under Tennessee law, you would immediately obtain a certified copy of the will, preserve all communications and medical documents from the parent’s last year, ask the executor not to make distributions, and hire a probate attorney to file the necessary pretrial motions and to defend the will using witness testimony and documentary proof of the parent’s capacity and independent legal advice at the time the will was signed.

Where Tennessee law is most relevant

Tennessee statutes and court rules govern how wills are executed, how probate proceeds, and the powers and duties of executors. For statutes and specifics, consult the Tennessee Code Annotated and the Tennessee Courts probate resources: Tennessee Code Annotated (searchable at the Tennessee General Assembly site) and Tennessee Courts – Wills, Probate & Guardianship.

How an attorney can help

• Confirm your standing (who qualifies as an interested person under Tennessee law).
• Verify deadlines and file necessary objections or motions in probate court.
• Preserve evidence and subpoena medical or financial records.
• Seek emergency relief to prevent improper asset distribution.
• Negotiate settlements or represent you at trial if a will contest proceeds.

Final practical reminder: deadlines and rules vary by county and case facts. The sooner you consult a Tennessee probate attorney, the better you protect your inheritance.

Disclaimer: This article provides general information about Tennessee probate and will contests. It is not legal advice and does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Tennessee probate attorney right away.

Helpful Hints

• Do not wait to collect evidence—medical and financial records can be harder to obtain over time.
• Get certified copies of wills and probate filings from the county probate clerk as soon as possible.
• Keep a dated log of all communications about the estate (calls, visits, emails).
• Don’t accept informal promises of distributions—only court-ordered or properly executed transfers are reliable.
• If the estate contains trusts, beneficiary designations, or joint-property deeds, an attorney can explain whether those assets bypass probate and how that affects a contest.
• Court-ordered inventories and executor bonds can help secure assets—ask your attorney to request them if you suspect mismanagement.
• Consider mediation early—settling can preserve relationships and reduce costs compared with full litigation.