Tennessee Code Annotated

Tenn. Code Ann. § 32-4-104 (2026)

Issues - When and how made up - When triable

✓ current as of May 2026

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After the filing of the certificate of the contest and the original will, in the office of the clerk of the appropriate court for trial, pursuant to § 32-4-101(a)(2), an issue or issues shall be made up, under the direction of the court, to try the validity of the will.

Code 1858, § 2177 (deriv. Acts 1835-1836, ch. 5, § 9); Shan., §3909; Acts 1925, ch. 8, § 1; Code 1932, § 8107; T.C.A. (orig. ed.), § 32-405; Acts 2002, ch. 631, § 2.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1993–2024 · leading case: In Re Est. of Boote, 265 S.W.3d 402 (Tenn. Ct. App. 2007).

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In Re Est. of Boote, 265 S.W.3d 402 (Tenn. Ct. App. 2007). · cites it 2× “Tenn.Code Ann. § 32-4-104 (2007); In re Estate of Eden, 99 S.”

In Re Est. of Eden, 99 S.W.3d 82 (Tenn. Ct. App. 1995). · cites it 2× “1993), unless the contestant elects to have the contest tried in the probate court pursuant to Tenn. Code Ann. § 32-4-109 . Once the contest has been set for trial, Tenn.”

Green v. Higdon, 870 S.W.2d 513 (Tenn. Ct. App. 1993). · cites it 2× “T.C.A. § 32-4-104. No particular form of pleading is required in making up the issue of devisavit vel non, for all that is required is that the party propounding the paper shall affirm it to be the testator’s will, and the contesting party shall deny it.”

Thompson v. Young, 952 S.W.2d 429 (Tenn. Ct. App. 1997). “Moreover, as already noted, the Executors concede that the Probate Court has jurisdiction of certain of the issues raised, and it would seem appropriate that it be entitled to resolve all issues ancillary thereto, with the exception of matters specifically directed by statute to…”

In Re Est. of Adam Randall Wilson (Tenn. Ct. App. 2024). · cites it 8× “1993) (citing Tenn. Code Ann. § 32-4-104 ). “In a proceeding of this nature, no particular form of pleading is required.”

In Re Est. of Jimmy D. Harris (Tenn. Ct. App. 2018). · cites it 2× “Appellant was denied notice and equal protection of the law when the trial judge essentially prosecuted a will contest by questioning the testator’s children regarding the mental capacity of the testator, in violation of Tenn. Code Ann. § 32-4-104 . Analysis This case involves…”

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