In Re Estate of Joe Marce Abbott

This case involves the last will and testament of the deceased, Joe Marce Abbott. Upon the death of the deceased, his daughter, Marce Harvey, filed a petition in the trial court seeking to probate the deceased’s will. The validity of the will is not contested by any beneficiary or other person. The court, however, apparently acting sua sponte, held that the will failed to comply with Tenn. Code Ann. §§ 32-1-103 (2015), 32-1-104 (Supp. 2017), and 32-2-110 (Supp. 2017). As a consequence of this determination, the court rescinded its previously-entered order to probate because, as the court stated, the will “does not meet the requirement of the Laws of the State of Tennessee.” The petitioner appeals. We reverse.