Tennessee Code Annotated
Tenn. Code Ann. § 32-4-109 (2026)
Trials upon validity of wills - Jurisdiction of courts
✓ current as of May 2026
Any court of record that has probate jurisdiction, whether a chancery court or other court of record established by private or public act, has concurrent jurisdiction with the circuit court to conduct a trial upon the validity of a will, in the manner and to the extent prescribed in this chapter. Notwithstanding law to the contrary, prior to certification of the fact of the contest pursuant to § 32-4-101(a)(2), the contestant shall elect, in the notice of contest, either the circuit court or the chancery court, or other court of record having such concurrent jurisdiction, to conduct a trial upon the validity of the will.
Acts 1991, ch. 152, § 2; 2002, ch. 631, § 3.
Notes of Decisions
Cited in 15
cases (1 in the last 5 years), 1995–2024 · leading case: In Re Est. of Boote, 198 S.W.3d 699 (Tenn. Ct. App. 2005).
In Re Est. of Boote, 198 S.W.3d 699 (Tenn. Ct. App. 2005). “Acts 277 (codified as amended at Tenn.Code Ann. § 32-4-109 (Supp.2004)); 1 PRITCHARD § 351, at 536-37.”
In Re Est. of Ina Ruth Brown, 402 S.W.3d 193 (Tenn. 2013). “It also has the statutory jurisdiction to hear will contests, see Tenn. Code Ann. § 32-4-109 (2009), declaratory judgment actions, see Tenn.”
In Re Est. of Barnhill, 62 S.W.3d 139 (Tenn. 2001). “Tenn.Code Ann. § 32-4-109. In addition, section 16-16-201(a) of Tennessee Code Annotated provides that [i]n all counties where not otherwise specifically provided by public, private, special or local acts, all jurisdiction relating to the probate of wills and the administration…”
In Re Est. of Eden, 99 S.W.3d 82 (Tenn. Ct. App. 1995). “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.”
In Re: The Est. of Wanda Jeanne Starkey, 556 S.W.3d 811 (Tenn. Ct. App. 2018). “§ 32-4-109 (2015). Thus, the matter was transferred to the Circuit Court for Hamilton County.”
Jackson v. Patton, 952 S.W.2d 404 (Tenn. 1997). “See Tenn.Code Ann. § 32-4-109 (Supp.1996). 3 .”
Bradley v. Lewis, 99 S.W.3d 82 (Tenn. Ct. App. 1995). “The transfer to circuit court was unnecessary since Tenn.Code Ann. § 32-4-109 (Supp. 1995) gave the chancery court concurrent jurisdiction with the circuit court to conduct the devisavit vel non proceeding.”
In Re Est. of Joseph Owen Boote, Jr. (Tenn. Ct. App. 2005). “Acts 277 (codified as amended at Tenn. Code Ann. § 32-4-109 (Supp. 2004)); 1 P RITCHARD § 351, at 536-37.”
In Re Est. of James A. Champion (Tenn. Ct. App. 2004). “Tenn. Code Ann. § 32-4-109 (2001).6 The Tennessee Supreme Court has recognized that the effect of section 32-4-109, promulgated in 1991, granted “chancery courts concurrent jurisdiction with circuit courts to try will contests.”
In Re Est. of Fannie Barnhill (Tenn. 2001). “Tenn. Code Ann. § 32-4-109 . In addition, section 16-16-201(a) of Tennessee Code Annotated provides that [i]n all counties where not otherwise specifically provided by public, private, special or local acts, all jurisdiction relating to the probate of wills and the…”
In Re: Est. of Marvin Sutton (Tenn. Ct. App. 2013). “See Tenn. Code Ann. § 32-4-101 (a); see also Tenn.”
In Re Est. of Henry C. Ellis, III (Tenn. Ct. App. 2020). “See Tenn. Code Ann. § 32-4-109 (“Any court of record that has probate -5- jurisdiction, whether a chancery court or other court of record established by private or public act, has concurrent jurisdiction with the circuit court to conduct a trial upon the validity of a will, in…”
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