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Tennessee Code Annotated

Tenn. Code Ann. § 30-2-401 (2026)

Jurisdiction to sell realty - Procedure

✓ current as of May 2026
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The probate court shall have concurrent jurisdiction with the chancery and circuit courts to sell real estate of decedents and for distribution or partition, and the mode of procedure in such a case in the probate court shall conform in every respect to the rules and regulations laid down for the conduct of similar causes in the chancery and circuit courts.

Acts 1873, ch. 64, §§ 1, 2; Shan., § 4067; Code 1932, § 8263; T.C.A. (orig. ed.), § 30-601.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2011–2022 · leading case: In Re Est. of Ardell Hamilton Trigg, 368 S.W.3d 483 (Tenn. 2012).
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In Re Est. of Ardell Hamilton Trigg, 368 S.W.3d 483 (Tenn. 2012). · cites it 4× “§ 31-2-103; Tenn.Code Ann. § 30-2-401 (2007); In re Estate of Vincent, 98 S.”
In Re Est. of Omer Stidham, 438 S.W.3d 535 (Tenn. Ct. App. 2012). · cites it 2× “Any real property that can be reached by the personal representative pursuant to Tenn.Code Ann. §§ 30-2-401 and 31-2-103 for the payment of the debts of an insolvent estate may be reached by the probate court for the purpose of reim- ■ bursing TennCare for the properly paid…”
In Re: Est. Of James Hood Nichols (Tenn. Ct. App. 2018). · cites it 6× “Tenn. Code Ann. § 30-2-401 provides the probate court with jurisdiction to sell a -3- decedent’s real estate: The probate court shall have concurrent jurisdiction with the chancery and circuit courts to sell real estate of decedents and for the distribution or partition, and the…”
The Est. of Clint Wallace v. NewRez, LLC (Tenn. Ct. App. 2022). · cites it 4× “Tennessee Code Annotated section 30-2-401 gives the probate court “concurrent jurisdiction with the chancery and circuit courts to sell real estate of decedents[,]” and section 30-2-402 provides, in relevant part, that the personal representative may file a petition for the sale…”
In Re: Est. Of Mary Ruth Davis Hudson (Tenn. Ct. App. 2019). · cites it 3× “§ 31-2-103 ; Tenn. Code Ann. § 30-2-401 (2007); In re Estate of Vincent, 98 S.”
In Re: Est. of Ardell Hamilton Trigg (Tenn. Ct. App. 2011). · cites it 2× “3 The Circuit Court cited Tenn. Code Ann. §§ 30-2-401 et. seq. as a basis for its ruling.”
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