Tennessee Code Annotated
Tenn. Code Ann. § 32-4-108 (2026)
Statute of limitations
✓ current as of May 2026
All actions or proceedings to set aside the probate of any will, or petitions to certify a will for an issue of devisavit vel non, must be brought within two (2) years from entry of the order admitting the will to probate, or be forever barred, saving, however, to persons under the age of eighteen (18) years or adjudicated incompetent, at the time the cause of action accrues, the rights conferred by § 28-1-106.
Acts 1927, ch. 3, § 1; Code 1932, § 8112; impl. am. Acts 1971, ch. 162, § 2; T.C.A. (orig. ed.), § 32-410; Acts 1985, ch. 228, §§ 1, 2; 1987, ch. 322, §15; 2011 , ch. 47, § 24.
Notes of Decisions
Cited in 25
cases (2 in the last 5 years), 1992–2024 · leading case: In Re Est. of Davis, 308 S.W.3d 832 (Tenn. 2010).
In Re Est. of Davis, 308 S.W.3d 832 (Tenn. 2010). “” On February 3, 2009, the Davidson County Circuit Court, Probate Division, denied the relief sought.”
In Re Est. of Ina Ruth Brown, 402 S.W.3d 193 (Tenn. 2013). “See Tenn. Code Ann. § 32-4-108 (Supp. 2012).10 Because Ina Brown’s June 28, 2002 will was admitted to probate on March 31, 2003, the complaint filed by Roy Brown Jr.”
In Re Est. of Boote, 198 S.W.3d 699 (Tenn. Ct. App. 2005). “Tenn.Code Ann. § 32-4-108 (2001); Murrell v.”
In Re: Est. of Martha M. Tanner, 295 S.W.3d 610 (Tenn. 2009). “2008); Tenn. Code Ann. § 32-4-108 (2007 & Sup. 2008); Tenn.”
Cooper v. Austin, 837 S.W.2d 606 (Tenn. Ct. App. 1992). “Greer filed a motion for summary judgment in October, 1990, seeking to have Austin’s case dismissed on the grounds that it was barred by T.C.A. § 32-4-108 (1986), because it was brought more than two years from the entry of the order admitting the will to probate.”
Est. of Morris v. Morris, 329 S.W.3d 779 (Tenn. Ct. App. 2009). “Tenn.Code Ann. § 32-4-108 (2007). Section 28-1-106 provides: If the person entitled to commence an action is, at the time the cause of action accrued, either within the age of eighteen (18) years, or of unsound mind, such person, or such person’s represen *783 tatives and…”
Wood v. Lowery, 238 S.W.3d 747 (Tenn. Ct. App. 2007). “See T.C.A. 32-4-108. Therefore, the trial court was correct in holding that the agreement between the three sisters to share equally in the estate was a valid, enforceable contract and that Terry was estopped to deny the enforceability of her agreement with her sisters.”
In Re Est. of Barnhill, 62 S.W.3d 139 (Tenn. 2001). “Section 32-4-108 of Tennessee Code Annotated establishes that, with the exception to *142 the rights of minors and persons of unsound mind, "[a]ll actions or proceedings to set aside the probate of any will, or petitions to certify such will for an issue of devisavit vel non,…”
In Re: The Est. of Wanda Jeanne Starkey, 556 S.W.3d 811 (Tenn. Ct. App. 2018). “Louck did not allege that the 2009 Will was actually 2 The motion also alleged that the will contest was time barred under Tennessee Code Annotated § 32-4-108 (2015). The trial court determined that the statute was inapplicable and that determination was not appealed.”
In Re: Est. of Joan Uhl Pierce, 511 S.W.3d 520 (Tenn. Ct. App. 2016). “Tenn. Code Ann. § 32-4-108 (2001); Murrell v.”
Anna May Diggs v. Reneese Carter (Tenn. Ct. App. 2014). “(2) Whether the Chancery Court erred applying a one (1) year statute of limitations in this Will Contest when Tenn. Code Ann. § 32-4-108 clearly states that a two (2) years statute of limitations applies.”
Vicki Lynn Gass Nichols v. Lynn Allen Schubert (Tenn. Ct. App. 2005). “-12- Tenn. Code Ann. § 32-4-108 (emphasis added).”
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