Tennessee Code Annotated
Tenn. Code Ann. § 30-2-609 (2026)
Appeal from judgment of court
✓ current as of May 2026
- (a) In any county having a population of five hundred thousand (500,000) or more according to the 2000 federal census or any subsequent federal census, when the court having probate jurisdiction finally settles an account, any person adversely affected by the settlement may appeal from the judgment to the court of appeals.
- (b) In any county having a population of less than five hundred thousand (500,000) according to the 2000 federal census or any subsequent federal census, when the court having probate jurisdiction finally settles an account:
- (1) If the judge serving such court is the circuit court judge or chancellor of the judicial district, then any person adversely affected by the settlement may appeal from the judgment to the court of appeals; or
- (2) If the judge serving such court is not the circuit court judge or chancellor of the judicial district, then any person adversely affected by the settlement may appeal from the judgment to the appropriate trial court of general jurisdiction in which case the trial judge shall hear the matter de novo.
- (c) Except in any county having a population of five hundred thousand (500,000) or more according to the 2000 federal census or any subsequent federal census, the appeal of any decision, ruling, order, or judgment of a probate court that is served by a judge who is not the circuit court judge or chancellor of the judicial district in which the matter arose shall be to the appropriate trial court of general jurisdiction in which case the trial judge shall hear the matter de novo.
- (d) The appeal of any decision, ruling, order, or judgment of a probate court that is served by the circuit court judge or chancellor of the judicial district in which the matter arose (or of a probate court in any county having a population of five hundred thousand (500,000) or more according to the 2000 federal census or any subsequent federal census), shall be to the court of appeals as otherwise provided by law or rule of court.
- (e)
- (1) Subdivision (b)(2) and subsection (c) shall not apply in counties having a population of:
not less than
nor more than
39,050
39,150
44,200
44,300
71,100
71,200
88,800
88,900
105,800
105,900
according to the 2000 federal census or any subsequent federal census.
- (2) In any county set out in subdivision (e)(1), any person adversely affected by the settlement or any decision, ruling, order, or judgment of the probate court shall appeal to the court of appeals unless otherwise prohibited by law or rule of court.
- (1) Subdivision (b)(2) and subsection (c) shall not apply in counties having a population of:
Code 1858, § 2304 (deriv. Acts 1851-1852, ch. 215, § 4); Shan., § 4040; Code 1932, § 8253; T.C.A. (orig. ed.), § 30-1110; Acts 1985, ch. 140, § 21; 2002, ch. 754, §§ 1, 2; 2003, ch. 157, § 1; 2009, ch. 396, § 1.
Notes of Decisions
Cited in 5
cases, 1999–2018 · leading case: In Re Est. of Ardell Hamilton Trigg, 368 S.W.3d 483 (Tenn. 2012).
In Re Est. of Ardell Hamilton Trigg, 368 S.W.3d 483 (Tenn. 2012). “Tenn.Code Ann. § 30-2-609 (2001). 29 By its own terms, this statute applied only to judgments finally settling an account in a probate proceeding.”
Cantrell v. Est. of Cantrell, 19 S.W.3d 842 (Tenn. Ct. App. 1999). “That was in the case of a year’s support, and the code provides that if the amount set by the court is not satisfactory to the interested parties, an appeal may be made to “the appropriate court in accordance with § 30-2-609.” See § 30-2-102(f). Neither section mentions a time…”
In Re: Est. of Paul Harris Nelson (Tenn. Ct. App. 2007). “Acts 1874 , 1874–75 (codified as amended at Tenn. Code Ann. § 30-2-609 (2001 & Supp. 2006)).”
In Re: Est. of Ardell Hamilton Trigg (Tenn. Ct. App. 2011). “In response, the Estate contends that Tenn. Code Ann. § 30-2-609 (c), rather than § 30-2-315(b), vests the Circuit Court with jurisdiction to hear the appeal.”
In Re: Est. of Jesse L McCants Sr (2018). “Although the appeal stems from the trial court’s resolution of exceptions to Ms. McCants’ “final accounting,” it appears that there has never truly been a final settlement.”
— Tenn. Code Ann. § 30-2-609(a) — 1 case
In Re Est. of Ardell Hamilton Trigg, 368 S.W.3d 483 (Tenn. 2012). “Tenn.Code Ann. § 30-2-609 (2001). 29 By its own terms, this statute applied only to judgments finally settling an account in a probate proceeding.”
— Tenn. Code Ann. § 30-2-609(b)(1) — 1 case
In Re Est. of Ardell Hamilton Trigg, 368 S.W.3d 483 (Tenn. 2012). “Tenn.Code Ann. § 30-2-609 (2001). 29 By its own terms, this statute applied only to judgments finally settling an account in a probate proceeding.”
— Tenn. Code Ann. § 30-2-609(b)(2) — 1 case
In Re Est. of Ardell Hamilton Trigg, 368 S.W.3d 483 (Tenn. 2012). “Tenn.Code Ann. § 30-2-609 (2001). 29 By its own terms, this statute applied only to judgments finally settling an account in a probate proceeding.”
— Tenn. Code Ann. § 30-2-609(c) — 1 case
In Re Est. of Ardell Hamilton Trigg, 368 S.W.3d 483 (Tenn. 2012). “Tenn.Code Ann. § 30-2-609 (2001). 29 By its own terms, this statute applied only to judgments finally settling an account in a probate proceeding.”
— Tenn. Code Ann. § 30-2-609(e) — 1 case
In Re Est. of Ardell Hamilton Trigg, 368 S.W.3d 483 (Tenn. 2012). “Tenn.Code Ann. § 30-2-609 (2001). 29 By its own terms, this statute applied only to judgments finally settling an account in a probate proceeding.”
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