§ 32-2-106 — Proof of nuncupative will

(a) No nuncupative will shall be proved until fourteen (14) days after the death of the testator, nor until process has issued to call in the surviving spouse or next of kin, or both, if conveniently to be found, to contest it. (b) If the surviving spouse and next of kin, or any of them, are not so found or are out of the state, notice shall be given by publication, once a week for four (4) successive weeks, in some newspaper published in the county, or, if none is published in the county, in the one published nearest the courthouse of the county, and this notice shall be a prerequisite to the establishment of the will; also, if residence be known, by mailing a copy of the notice to them at that address by registered mail.

Legislative History

Code 1858, § 2166 (deriv. Acts 1784 (Apr.), ch. 22, § 16); Shan., § 3899; mod. Code 1932, §§ 8095, 8096; modified; T.C.A. (orig. ed.), § 32-207.