Tennessee Code Annotated

Tenn. Code Ann. § 32-4-107 (2026)

Trial by jury - Certification to probate court

✓ current as of May 2026

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(a) The issue may be tried by a jury, and their verdict, and the judgment of the court upon the validity of the will shall be certified to the court having probate jurisdiction over the will to be recorded together with the original will, if established.

(b) If the issue was tried upon a copy of the original will, the copy shall be sent to the court to be recorded, and the certificate, copy, verdict, and judgment shall have the same effect as if the original paper writing were in existence and so certified to the court having probate jurisdiction over the will.

Code 1858, §§ 2180, 2181 (deriv. Acts 1789, ch. 23, § 1; 1835-1836, ch. 5, § 9; 1851-1852, ch. 77, § 2); Shan., §§3912, 3913; Code 1932, §§ 8110, 8111; Acts 1980, ch. 765, §§ 2, 3; T.C.A. (orig. ed.), §§ 32-408, 32-409; Acts 1992, ch. 951, § 9.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1997–2024 · 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× “52, at 144-47, and to demand a jury trial on disputed questions of fact, Tenn.Code Ann. § 32-4-107(a) (2001); Jackson v.”

In Re Est. of Gertrude Bible Link, 542 S.W.3d 438 (Tenn. Ct. App. 2017). · cites it 2× “at 713 (citing Tenn. Code Ann. § 32-4-107 (a)). The primary issue in a will contest is generally whether the paper writing offered for probate is the testator’s valid last will and testament.”

Jackson v. Patton, 952 S.W.2d 404 (Tenn. 1997). · cites it 4× “Prior to 1992, Tenn.Code Ann. § 32-4-107 (1984) required an issue devisavit vel non be tried by a jury.”

In Re Est. of Meade, 156 S.W.3d 841 (Tenn. Ct. App. 2004). · cites it 2× “Tenn.Code Ann. § 32-4-107(a); In re Estate of Cook, 2002 WL 1034016 at * 2 (Tenn.”

In Re: Est. of Joan Uhl Pierce, 511 S.W.3d 520 (Tenn. Ct. App. 2016). · cites it 2× “Tenn. Code Ann. § 32-4-107 (a); In re: Estate of Cook, 2002 WL 1034016 at 2 (Tenn.”

Lee v. Gilliam, 156 S.W.3d 841 (Tenn. Ct. App. 2004). · cites it 2× “Tenn.Code Ann. § 32-4-107(a); In re Estate of Cook, 2002 WL 1034016 at *2 (Tenn.”

In Re Est. of Adam Randall Wilson (Tenn. Ct. App. 2024). · cites it 2× “” Tenn. Code Ann. § 32-4-107 (a). Thus, “[w]hen the contest has been decided by the circuit court, the results are certified back to the Probate Court for further proceedings in the estate.”

— Tenn. Code Ann. § 32-4-107(a) — 4 cases

In Re Est. of Boote, 198 S.W.3d 699 (Tenn. Ct. App. 2005). “52, at 144-47, and to demand a jury trial on disputed questions of fact, Tenn.Code Ann. § 32-4-107(a) (2001); Jackson v.”

In Re Est. of Meade, 156 S.W.3d 841 (Tenn. Ct. App. 2004). “Tenn.Code Ann. § 32-4-107(a); In re Estate of Cook, 2002 WL 1034016 at * 2 (Tenn.”

Jackson v. Patton, 952 S.W.2d 404 (Tenn. 1997). “Prior to 1992, Tenn.Code Ann. § 32-4-107 (1984) required an issue devisavit vel non be tried by a jury.”

Lee v. Gilliam, 156 S.W.3d 841 (Tenn. Ct. App. 2004). “Tenn.Code Ann. § 32-4-107(a); In re Estate of Cook, 2002 WL 1034016 at *2 (Tenn.”

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