Tennessee Chancery and Probate Courts

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Tennessee has 32 judicial districts with a Chancery Court in each district. Some of these 32 districts have legislatively created Probate Courts. [1] If a particular county did not create a special Probate court, the jurisdiction over the probate stays with the Chancery court. [2]

Contents

Tennessee chancery courts

Tennessee's Chancery Courts are courts of equity. [3] Tennessee's Chancery Court was created in the first half of the 19th Century, and remains one of the few distinctly separate courts of equity in the United States. [4] While the Chancery Court and Tennessee's Circuit Court, the court of general civil and criminal jurisdiction, [3] may share a set of procedural rules in each county, there are some distinct rules applying to the separate courts. [5] [6] Parties in the Chancery Court are entitled to have a jury try issues of material fact. [7]

In 2015, Tennessee's Supreme Court created a pilot Business Court. [8] The Davidson County (Nashville) Chancery Court Part III was designated to serve as the Business Court. [9] [10] Chancellor Ellen Hobbs Lyle [11] was the first Business Court judge into 2017, when Davidson County Circuit Court Judge Joe Binkley [12] was appointed the new Business Court judge. [13] In 2019, Davidson County Chancellor Anne C. Martin [14] was appointed the Business Court judge and remains in that position (as of July 2024). [10] She was appointed as a Business Court Representative to the American Bar Association's Business Law Section in 2023. [15] Tennessee's Administrative Office of the Courts received a grant from the State Justice Institute to work with the National Center for State Courts to develop a curriculum for expanding business courts in Tennessee and elsewhere. [16]

Tennessee probate courts

The Probate Courts are legislatively created courts with jurisdiction over probating wills, estate administration, conservatorships and guardianships. [3] Only two counties, Shelby [17] and Davidson, [18] [19] have Probate Courts. [20] There are only three probate judges in the state. [21] Unless properly designated to another court, probate and estate matters will reside in a Tennessee county’s Chancery Court. [22]

See also

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References

  1. ↑ "Circuit, Criminal, Chancery & Business Courts | Tennessee Administrative Office of the Courts". www.tncourts.gov. Retrieved 2024-05-26.
  2. ↑ Probate Committee of the Tennessee Clerks of Court Conference, Probate Guide (September 2012)
  3. 1 2 3 "About the Trial Courts | Tennessee Administrative Office of the Courts". www.tncourts.gov. Retrieved 2024-05-26.
  4. ↑ Fowler, Russell (February 2012). "A History of Chancery and its Equity". Tennessee Bar Journal. 48 (2).
  5. ↑ "Local Rules – Davidson County Courts of Record – Circuit Court Clerk" . Retrieved 2024-05-26.
  6. ↑ "Local Rules of Practice | Tennessee Administrative Office of the Courts". www.tncourts.gov. Retrieved 2024-05-26.
  7. ↑ "Tennessee Code 21-1-103 – Right to trial by jury » LawServer". www.lawserver.com. Retrieved 2024-05-26.
  8. ↑ "Business Court Docket | Tennessee Administrative Office of the Courts". www.tncourts.gov. Retrieved 2024-05-26.
  9. ↑ Lee, Chief Justice Sharon G. (March 16, 2015). "In the Supreme Court of Tennessee, No. ADM2015-00467, Order Establishing the Davidson County Business Court Pilot Project" (PDF).
  10. 1 2 "Business Court Pilot Project – Chancery Clerk and Master of Metropolitan Nashville & Davidson County" . Retrieved 2024-05-26.
  11. ↑ "Ellen Lyle, JAMS Mediator and Arbitrator". www.jamsadr.com. Retrieved 2024-05-30.
  12. ↑ "Judge Joe Binkley, Jr. – Trial Courts of Metropolitan Nashville & Davidson County" . Retrieved 2024-05-30.
  13. ↑ "Tennessee Supreme Court Endorses Recommendations of the Statewide Business Court Docket Advisory Commission | Tennessee Administrative Office of the Courts". www.tncourts.gov. Retrieved 2024-05-26.
  14. ↑ "Chancellor Anne C. Martin – Trial Courts of Metropolitan Nashville & Davidson County" . Retrieved 2024-05-30.
  15. ↑ "Chancellor Martin Appointed Business Court Representative to ABA Business Law Section | Tennessee Administrative Office of the Courts". www.tncourts.gov. Retrieved 2024-05-26.
  16. ↑ "Tennessee Business Court Docket Pilot Project Awarded Grant to Create Nationwide Curriculum | Tennessee Administrative Office of the Courts". tncourts.gov. Retrieved 2024-05-26.
  17. ↑ "Probate Court | Shelby County, TN - Official Website". www.shelbycountytn.gov. Retrieved 2024-05-30.
  18. ↑ "Probate Court Clerk – Circuit Court Clerk" . Retrieved 2024-05-30.
  19. ↑ "Circuit Court History – Trial Courts of Metropolitan Nashville & Davidson County" . Retrieved 2024-05-30.
  20. ↑ "The Court System in Tennessee". Justice For All TN. Retrieved 2024-05-30.
  21. ↑ "Court System | Williamson County, TN - Official Site". www.williamsoncounty-tn.gov. Retrieved 2024-05-30.
  22. ↑ "Probate Court | UT County Technical Assistance Service". www.ctas.tennessee.edu. Retrieved 2024-05-30.
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