Title 66, Property

If the witnesses reside or are in any other state of the union, the proof shall be made before the same officers and tribunals who can take the acknowledgment of the maker of the instrument.

If the witnesses, or any of them, reside or are beyond the limits of the United States, the instrument may be proved by two (2) subscribing witnesses before the same officers and tribunals who have authority out of the state to take the acknowledgment of the person who executed t…

If the witnesses reside without the limits of the state, the party desiring the probate of the instrument may procure their testimony to be entered of record in any court of record having cognizance thereof or may prove the instrument by two (2) persons acquainted with the handwr…

When an instrument is presented to a clerk or deputy clerk for probate, and the party presenting it suggests to the clerk that the subscribing witnesses or any of them refuse to appear and give evidence of the execution of the instrument, the clerk shall issue a subpoena to compe…

The subpoena provided for in § 66-23-108 shall command the officer to summon the witnesses to appear before the clerk at the clerk's office, on a certain day specified in it, to give their evidence touching the execution of the instrument, or other authentication thereof, under a…

(a) The witness fees, to be paid by the party summoning them, at the time of their attendance, shall be the following:(1) For each day's attendance, seventy-five cents (75¢); and(2) For every thirty (30) miles traveling to and from the clerk's office, seventy-five cents (75¢); pr…

Any sheriff or constable, into whose hands the subpoena may come, shall execute it, without delay, on the witness or witnesses named in it, but not unless the party suing out the subpoena pay or tender to the sheriff or constable a fee of one dollar ($1.00) for summoning each wit…

Should any witness, summoned as provided in § 66-23-108, fail or refuse to attend, that witness shall be subject to an action on the case for damages at the suit of the party by whom the witness was summoned.

If the sheriff fails or refuses to serve a subpoena for witnesses in such case, the sheriff shall be liable to a like action for damages, but not unless the sheriff's fees are tendered or paid.

If all the subscribing witnesses are dead, insane, blind, or deaf or hard of hearing, the instrument may be proved before the county clerk or deputy county clerk by any two (2) persons who are acquainted with the handwriting of the maker of the same.

If the person executing the instrument is dead, or resides or is beyond the limits of the United States and its territories, and the subscribing witnesses are dead, or have become insane or blind, or deaf or hard of hearing, since they became subscribing witnesses, or they cannot…

When the witness or witnesses appear before the clerk, the clerk shall propound to them such questions as the clerk may find requisite to establish the facts necessary to authenticate the instrument, whether it be the identity of the maker, the maker's handwriting, or the handwri…

If the subscribing witnesses appear before the clerk or deputy clerk of any county of the state, and prove the facts necessary to authenticate the instrument, the clerk shall write on the back or some other part of the instrument the following certificate: State of Tennessee )Cou…

The certificate of probate shall be varied so as to adapt it to the various modes of proof prescribed in this chapter.

If the instrument is proved by procuring the testimony of the witnesses to be entered of record in a court of record in one (1) of the United States or of a foreign country, there shall be endorsed upon or annexed to the deed a copy of the probate from the record, certified by th…

If the probate is taken outside the state, the certificate shall show the capacity in which the person who took the probate acted, and the state in which the probate was taken.