Tennessee Code Annotated
Tenn. Code Ann. § 16-16-107 (2026)
Original jurisdiction
✓ current as of May 2026
- (a)
- (1) The county court has original jurisdiction in the following cases:
- (A) The probate of wills;
- (B) The granting of letters testamentary and of administration, and the repeal and revocation of letters testamentary and of administration;
- (C) All controversies in relation to the right of executorship or of administration;
- (D) The settlement of accounts of executors and administrators;
- (E) The partition and distribution of the estates of decedents; and for these purposes, the power to sell the real and personal property belonging to the estates, if necessary to make the partition and distribution, or if manifestly for the interest of the parties;
- (F) To sell real estate for the payment of debts of a decedent as provided in former §§ 30-602 and 30-603;
- (G) The appointment and removal of guardians for minors and conservators for persons adjudicated incompetent, and all controversies as to the right of guardianship and conservatorship, and the settlement of guardian and conservator accounts;
- (H) The partition, sale or division of land;
- (I) The changing of names and the legitimation of children;
- (J) The issuance of inquisitions of unsoundness of mind; and
- (K) The binding out of apprentices, and all controversies between master and apprentice.
- (2) In counties having a county judge, the county judge shall have the powers enumerated in subdivision (a)(1).
- (1) The county court has original jurisdiction in the following cases:
- (b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
- (c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Code 1858, §§ 4201, 4202 (deriv. Acts 1797, ch. 41; 1805, ch. 2, § 1; 1815, ch. 115; 1835-1836, ch. 6, § 2; 1849-1850, ch. 27, § 1; 1849-1850, ch. 77, § 1; 1849-1850, ch. 185, § 1; 1851-1852, ch. 338, §§ 1, 2; 1853-1854, ch. 53, § 1); Acts 1873, ch. 64, § 1; Shan., §§ 6027, 6029; Code 1932, §§ 10225, 10227; impl. am. Acts 1951, ch. 202; Acts 1976, ch. 529, § 5; T.C.A. (orig. ed.), § 16-709; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2; 2011, ch. 47, § 14.
Notes of Decisions
Cited in 11
cases (2 in the last 5 years), 1997–2026 · leading case: In Re Nick Charles Vergos (Tenn. Ct. App. 2026).
In Re Nick Charles Vergos (Tenn. Ct. App. 2026). “Tenn. Code Ann. § 16-16-107 (a). Former section 4,203 of the 1858 Tennessee Code is now codified at Tennessee Code Annotated section 16-16-109, which states that the probate court is vested with jurisdiction as set out in section 16-16-107 (previously quoted) and section…”
In re: Est. of Maple Ione Stocks, Gwyneth J. Huges, & Linda Lyons, Co-Administratrices C.T.A. v. Anna Gayle Ironside & William A. Grisham (Tenn. Ct. App. 1997). “T.C.A. § 16-16-107 provides in pertinent part: 16-16-107.”
Judy Morrow Wright v. Matthew G. Buyer (Tenn. Ct. App. 2018). “” See Tenn. Code Ann. § 16-16-107 (Supp. 2017).”
In Re Est. of Arthur, 302 S.W.3d 284 (Tenn. Ct. App. 2009). “In the case now before us, the Probate Court had jurisdiction over the Estate, and therefore, control over the money or property that was the subject of the lien by virtue of Tenn.Code Ann. § 16-16-107, which provides, in pertinent part: 16-16-107.”
Est. of Joe Boyd Martin (Tenn. Ct. App. 2013). “4 During oral argument, the Martins referred to the Circuit Court as exercising merely appellate jurisdiction over the property, as opposed to the original jurisdiction that has been conferred on the probate court under Tenn. Code Ann. § 16-16-107 (a)(1). But the case was…”
In Re Est. of Eloise J. Storey Peggie Sherrill Huber v. Lawrence G. Yohanek, CPA, a/k/a Larry G. Yohanek, Sharron S. Yohanek, & John Gary Storey (Tenn. Ct. App. 2011). “See T.C.A. § 16-16-107 (2009); but see Roll v.”
In Re: Est. of Ardell Hamilton Trigg (Tenn. Ct. App. 2011). “The jurisdiction vested in the Probate Court included the original jurisdiction at Tenn. Code Ann. § 16-16-107 , inter alia, to probate wills and administer estates, and jurisdiction concurrent with the chancery and circuit courts to sell real estate of decedents.”
Charles C. Wiley v. Clarence Williams (Tenn. Ct. App. 2006). “Wiley’s claims in this lawsuit should be summarily dismissed under the prior suit pending doctrine, because while they are dependant upon the outcome of the Probate Court’s determination of ownership of the property, they are not identical claims to those presented in Probate…”
Tip & Barbara Terry v. Scott Botts (Tenn. Ct. App. 2001). “34-12-101(a), which respectively state as follows: T.C.A. 16-16-107 Original jurisdiction. The county court has original jurisdiction in the following cases: (7) The appointment and removal of guardians for minors and persons of unsound mind, and all controversies as to the…”
In re Conservatorship of Timothy Beasley (Tenn. Ct. App. 2015). “” See Tenn. Code Ann. § 16-16-107 (a)(1)(G) (county court has original jurisdiction of conservators for persons adjudicated incompetent); Tenn.”
Judy Morrow Wright v. Matthew G. Buyer (2021). “709, 714 (1881) (recognizing act creating the probate court of Shelby County had the effect of conferring on the court the original jurisdiction of a county court); Tenn. Code Ann. § 16-16-107 (a)(1) (Supp.”
Tenn. Code Ann. § 16-16-107(7): 1 case
Tip & Barbara Terry v. Scott Botts (Tenn. Ct. App. 2001). “34-12-101(a), which respectively state as follows: T.C.A. 16-16-107 Original jurisdiction. The county court has original jurisdiction in the following cases: (7) The appointment and removal of guardians for minors and persons of unsound mind, and all controversies as to the…”
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