Tennessee Code Annotated

Tenn. Code Ann. § 32-4-101 (2026)

Certificate that will is contested - Contestant's bond

✓ current as of May 2026

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(a) If the validity of any last will or testament, written or nuncupative, is contested, then the court having probate jurisdiction over that last will or testament must enter an order sustaining or denying the contestant's right to contest the will. If the right to contest the will is sustained, then the court must:
- (1) Require the contestant to enter into bond, with surety, in the penal sum of five hundred dollars ($500), payable to the executor mentioned in the will, conditioned for the faithful prosecution of the suit, and in case of failure in the suit, to pay all costs that may accrue on the suit; and
- (2) Cause a certificate of the contest and the original will to be filed with the appropriate court for trial.

(b) As used in this section, the term "the appropriate court for trial" means the court elected by the contestant, in the notice of contest, to conduct a trial upon the validity of the will.

Code 1858, § 2173 (deriv. Acts 1835-1836, ch. 5, § 9; 1835-1836, ch. 18, §2); Shan., § 3905; Code 1932, § 8103; Acts 1980, ch. 765, § 1; T.C.A. (orig. ed.), § 32-401; Acts 2002, ch. 631, § 1.

Notes of Decisions

Cited in 34 cases (4 in the last 5 years), 1986–2025 · 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 12× “Tenn.Code Ann. § 32-4-101 (Supp.2004). [23] Only if the probate court determines that the contestant lacks standing to pursue a will contest can it resume the probate proceedings and enter an order admitting the will to probate in solemn form.”

Rogers v. Russell, 733 S.W.2d 79 (Tenn. Ct. App. 1987). · cites it 16× “These issues were certified to the Circuit Court for Houston County for a jury trial pursuant to Tenn.Code Ann. § 32-4-101 et seq. The jury found in favor of the 1977 will after a five day trial.”

In Re Est. of Ardell Hamilton Trigg, 368 S.W.3d 483 (Tenn. 2012). · cites it 2× “§ 30-2-315(b) states: A judgment upon the findings of the court shall be entered in the court and from the judgment an appeal may be perfected within thirty (30) days from the date of entry of the judgment, to the court of appeals or the supreme court, as the case may be.”

Stacks v. Saunders, 812 S.W.2d 587 (Tenn. Ct. App. 1990). · cites it 2× “Will contests are statutory proceedings (T.C.A. § 32-4-101), Petty v. Call, 599 S.”

In Re Est. of Eden, 99 S.W.3d 82 (Tenn. Ct. App. 1995). · cites it 4× “" The chancery court transferred the case to the Circuit Court for Trousdale County for a jury trial in accordance with Tenn. Code Ann. §§ 32-4-101 . [1] Following a trial in June 1994, a jury upheld the validity of Mr.”

Williams v. King, 760 S.W.2d 208 (Tenn. 1988). · cites it 4× “When his interest is made known *211 and his right to contest has been established, under the provisions of T.C.A. § 32-4-101 the court having probate jurisdiction must certify the fact of the contest to the circuit court which has original and exclusive jurisdiction of the…”

In Re the Est. of Milam, 181 S.W.3d 344 (Tenn. Ct. App. 2005). · cites it 2× “See Tenn.Code Ann. §§ 32-4-101, -104 (2003). A will contest action is an in rem proceeding instituted for the purpose of testing the validity of the will.”

In Re Est. of Barnhill, 62 S.W.3d 139 (Tenn. 2001). · cites it 2× “Nonetheless, the appellant contends that the failure of the Fayette County Chancery Court to certify the will contest for trial is a fatal procedural flaw which rendered the Fayette County Chancery Court without jurisdiction to try the will contest in this case.”

Owen v. Stanley, 739 S.W.2d 782 (Tenn. Ct. App. 1987). · cites it 2× “The Availability of a Summary Judgment in a Will Contest Proceeding The contestants insist that a Tenn.Code Ann. § 32-4-101 will contest proceeding cannot be disposed of by a Tenn.”

In re Est. of Powers, 767 S.W.2d 659 (Tenn. Ct. App. 1988). · cites it 4× “When his interest is made known and his right to contest has been established, under the provisions of T.C.A. § 32-4-101 the court having probate jurisdiction must certify the fact of the contest to the circuit court which has original and exclusive jurisdiction of the issue of…”

Winningham v. Winningham, 966 S.W.2d 48 (Tenn. 1998). · cites it 2× “The complaint is styled “Complaint to Attest Will” and states that it is filed “pursuant to Tenn.Code Ann. § 32-4-101 to contest that certain will of Alston Winningham, dated March 12, 1992.”

Mallicoat v. Poynter, 722 S.W.2d 681 (Tenn. Ct. App. 1986). · cites it 2× “It is, therefore, inappropriate to consider plaintiff’s challenge to the constitutional validity of T.C.A., § 32-4-101, et seq. The practical reason for this was noted in Lawrence: If the constitutional challenge is not raised in the trial court, no opportunity is afforded for…”

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— Tenn. Code Ann. § 32-4-101(a) — 3 cases

In Re: The Est. of Wanda Jeanne Starkey, 556 S.W.3d 811 (Tenn. Ct. App. 2018).

In Re Est. of Floyd Edward Faulkner (Tenn. Ct. App. 2025).

In Re: Est. of Marvin Sutton (Tenn. Ct. App. 2013).

— Tenn. Code Ann. § 32-4-101(a)(2) — 1 case

In Re Est. of Adam Randall Wilson (Tenn. Ct. App. 2024).

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