Tennessee Code Annotated
Tenn. Code Ann. § 35-1-101 (2026)
Real property - Documents to be recorded - Trust property
✓ current as of May 2026
- (a) When real estate is held as a part of the trust property, the court order accepting the resignation or ordering the removal of a trustee and appointing a successor, or an acknowledged memorandum of the order, shall be recorded in the county where any real estate is located, identifying each parcel of real estate held by the trust.
- (b)
- (1) When real estate is held as part of the trust property and a trustee has resigned or been removed without order of a court, the resigning or removed trustee shall execute and record an instrument that:
- (A) Recites the resignation or removal of the trustee;
- (B) Gives the name and address of the successor trustee, if any; and
- (C) Identifies each parcel of real estate held by the trust.
- (2) A successor trustee, or a remaining trustee if there is no successor, shall execute and record the instrument described in subdivision (b)(1) if the resigning or removed trustee fails to record the required instrument within thirty (30) days after resigning or being removed.
- (1) When real estate is held as part of the trust property and a trustee has resigned or been removed without order of a court, the resigning or removed trustee shall execute and record an instrument that:
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2001–2024 · leading case: State ex rel. Working v. Costa, 216 S.W.3d 758 (Tenn. Ct. App. 2006).
State ex rel. Working v. Costa, 216 S.W.3d 758 (Tenn. Ct. App. 2006). “, and T.C.A. § 35-1-101 5 et seq. The corn- *763 plaint contains eight claims for relief seeking: 1) a finding that Ms.”
John Milton Arledge v. Darl Smith (2024). “Arledge cites to Tenn. Code Ann. § 35-1-101 (b) for the following proposition: - 18 - (1) When real estate is held as part of the trust property and a trustee has resigned or been removed without order of a court, the resigning or removed trustee shall execute and record an…”
In re: Est. of M.L. Wakefield (Tenn. Ct. App. 2001). “The probate court had jurisdiction over appointment and removal of the co-trustees, Tenn. Code Ann. § 35-1-101 , and over examination of an accounting by a resigning trustee, Tenn.”
W & H LLC v. Cmty. Bank N.A. v. Willie Nelson (Tenn. Ct. App. 2016). “Finally, we note that while Appellants do cite to Tennessee Code Annotated Section 35-1-101 to support their argument that the foreclosure sale was deficient for failing to comply with the advertising scheme contained therein, Appellants cite no law, statutory or otherwise, that…”
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