Tennessee Code Annotated

Tenn. Code Ann. § 32-2-101 (2026)

Place of proving and recording will and granting letters testamentary

✓ current as of May 2026

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Wills shall be proved and recorded and letters testamentary granted in the probate court of the county where the testator had the testator's usual residence at the time of the testator's death, or, in case the testator had fixed places of residence in more than one county, in either or any of those counties.

Code 1858, § 2169 (deriv. Acts 1789, ch. 23, § 1); Shan., §3902; mod. Code 1932, § 8099; T.C.A. (orig. ed.), § 32-201.

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1989–2025 · leading case: In Re Est. of Boote, 198 S.W.3d 699 (Tenn. Ct. App. 2005).

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In Re Est. of Boote, 198 S.W.3d 699 (Tenn. Ct. App. 2005). · cites it 4× “Tenn.Code Ann. § 32-2-101 (2001); 1 PRITCHARD § 326, at 504.”

Timmins v. Lindsey, 310 S.W.3d 834 (Tenn. Ct. App. 2009). · cites it 2× “g, Tenn.Code Ann. § 32-2-101; Boatman v. Morrison, 746 S.”

Hussey v. Jackson, 766 S.W.2d 184 (Tenn. 1989). · cites it 6× “In the meanwhile, she had lived continuously in Tennessee, rented various places of residence here and had here the situs of most of her intangible assets.”

In Re: Est. of Joan Uhl Pierce, 511 S.W.3d 520 (Tenn. Ct. App. 2016). · cites it 2× “Tenn. Code Ann. § 32-2-101 (2001); 1 Pritchard § 326, at 504.”

In Re Est. of James Kemmler Rogers, 562 S.W.3d 409 (2018). “See also Tenn. Code Ann. § 32-2-101 . As previously explained, the court was only required to examine the allegations of the petition “to ascertain whether the particular plaintiff [was] entitled to an adjudication of the particular claims asserted,” without regard to Ms.”

In Re: The Est. of Harley Price (Tenn. Ct. App. 2002). · cites it 4× “Tenn. Code Ann. § 32-2-101 provides subject matter jurisdiction to the probate court “of the county where the testator had the testator’s usual residence at the time of the testator’s death .”

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). · cites it 6× “The proper venue in which to probate a will is set forth in T.C.A. § 32-2-101, which provides as follows: 32-2-101.”

In Re Est. of Floyd Edward Faulkner (Tenn. Ct. App. 2025). · cites it 2× “See Tenn. Code Ann. § 32-2-101 (2021). On that same day, the Clerk & Master entered an order admitting the 2020 will to probate and appointing Ms.”

In Re: Est. of John Leonard Burke (Tenn. Ct. App. 2013). · cites it 2× “Tenn. Code Ann. § 32-2-101 (2001); 1 P RITCHARD § 326, at 504.”

In Re Est. of Billy Joe Walls (Tenn. Ct. App. 2010). · cites it 2× “The Tennessee Supreme Court interpreted Tenn. Code Ann. § 32-2-101 to require that a testator must have been domiciled in Tennessee before a Tennessee court would have jurisdiction for the original probate of the testator’s will.”

In Re Est. of Joseph Owen Boote, Jr. (Tenn. Ct. App. 2005). · cites it 2× “Tenn. Code Ann. § 32-2-101 (2001); 1 PRITCHARD § 326, at 504.”

In Re Est. Of Louis Dell'Aquila (Tenn. Ct. App. 2019). “Here, Tennessee Code Annotated § 32-2-101 provides: -4- Wills shall be proved and recorded and letters testamentary granted in the probate court of the county where the testator had the testator’s usual residence at the time of the testator’s death, or, in case the testator had…”

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