In Re The Estate of Jimmy L. Smith, E2016-02254-COA-R3-CV

Jimmy L. Smith (Decedent) died intestate in Tennessee on November 20, 2014; Debbie Burns claimed to be his common-law spouse and was initially appointed personal representative.
Decedent’s heirs (through his son and sister Cora Davis) challenged Burns’s status and sought removal; Burns later filed a Petition for Declaratory Judgment in South Carolina asserting a common-law marriage from 1986–1991.
The South Carolina Probate Court found Burns and Decedent held themselves out as husband and wife and declared Burns a common-law spouse entitled to spousal rights.
The Monroe County (Tennessee) Probate Court reviewed the same issue, applied South Carolina law (the contracting state), and concluded Burns failed to prove a common-law marriage by the clear-and-convincing standard required where the action was filed after the decedent’s death and after statutory time limits.
The Tennessee Court of Appeals applied full faith and credit to the South Carolina judgment but held that South Carolina’s statute (requiring an adjudication before death or within statutorily prescribed post-death timeframes, and clear-and-convincing proof if filed later) precluded recognition here because Burns’s South Carolina petition was filed too late.
Judgment affirmed as modified: Burns is not the surviving spouse under South Carolina law for purposes of the Tennessee probate proceeding; estate administrator appointment reversed and costs assessed to Burns.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Burns proved a South Carolina common-law marriage making her Decedent’s surviving spouse for estate distribution	Burns: presented cohabitation, joint accounts/taxes, reputation, deeds, social security survivor benefits, and a South Carolina declaratory judgment finding a common-law marriage	Heirs (Davis): challenged sufficiency of proof, pointed to Dead Man’s Statute limiting Burns’s testimony, and argued Burns filed too late and engaged in forum shopping	Court: South Carolina law controls; although SC declaratory judgment merits full faith and credit, SC statute bars recognition because Burns’s adjudication was not commenced before death or within the statute’s time limits and she failed to meet the clear-and-convincing standard required for a post-death claim

Martin v. Coleman, 19 S.W.3d 757 (Tenn. 2000) (state law governs marriage status; Tennessee recognizes marriages valid where contracted)
Lightsey v. Lightsey, 407 S.W.2d 684 (Tenn. Ct. App. 1966) (law of contracting state controls validity of common-law marriage)
Callen v. Callen, 620 S.E.2d 59 (S.C. Ct. App. 2005) (intent requirement for common-law marriage; lack of intent defeats presumption from cohabitation/reputation)
Barker v. Baker, 499 S.E.2d 503 (S.C. Ct. App. 1998) (cohabitation and public holding out are circumstantial evidence of common-law marriage)
Jeanes v. Jeanes, 177 S.E.2d 537 (S.C. 1970) (strong presumption of marriage from long-term apparently matrimonial cohabitation and community recognition)
Kirby v. Kirby, 241 S.E.2d 415 (S.C. 1978) (distinguishing marriage from concubinage; intent is critical and may be inferred from circumstances)
Satcher v. Satcher, 570 S.E.2d 535 (S.C. Ct. App. 2002) (definition of clear-and-convincing standard under South Carolina law)
Hampton v. M’Connel, 16 U.S. 234 (U.S. 1818) (Full Faith and Credit requires out-of-state judgments be given the same effect as in the rendering state)