Tennessee Chancery and Probate Courts

Tennessee has 32 judicial districts with a Chancery Court in each district. Some of these 32 districts have legislatively created Probate Courts.[1] If a particular county did not create a special Probate court, the jurisdiction over the probate stays with the Chancery court.[2]

Tennessee chancery courts

Tennessee's Chancery Courts are courts of equity.[3] Tennessee's Chancery Court was created in the first half of the 19th Century, and remains one of the few distinctly separate courts of equity in the United States.[4] While the Chancery Court and Tennessee's Circuit Court, the court of general civil and criminal jurisdiction,[3] may share a set of procedural rules in each county, there are some distinct rules applying to the separate courts.[5][6] Parties in the Chancery Court are entitled to have a jury try issues of material fact.[7]

In 2015, Tennessee's Supreme Court created a pilot Business Court.[8] The Davidson County (Nashville) Chancery Court Part III was designated to serve as the Business Court.[9][10] Chancellor Ellen Hobbs Lyle[11] was the first Business Court and sat on the business court into 2019.[12] In 2017, Davidson County Circuit Court Judge Joe Binkley[13] was appointed a Business Court judge.[14] In 2019, Davidson County Chancellor Anne C. Martin[15] was appointed the Business Court judge and remains in that position (as of July 2024).[10] She was appointed as a Business Court Representative to the American Bar Association's Business Law Section in 2023.[16] Tennessee's Administrative Office of the Courts received a grant from the State Justice Institute to work with the National Center for State Courts to develop a curriculum for expanding business courts in Tennessee and elsewhere.[17]

Tennessee probate courts

The Probate Courts are legislatively created courts with jurisdiction over probating wills, estate administration, conservatorships and guardianships.[3] Only two counties, Shelby[18] and Davidson,[19][20] have Probate Courts.[21] There are only three probate judges in the state.[22] Unless properly designated to another court, probate and estate matters will reside in a Tennessee county’s Chancery Court.[23]

See also

References

  1. ^ "Circuit, Criminal, Chancery & Business Courts | Tennessee Administrative Office of the Courts". www.tncourts.gov. Retrieved 2024-05-26.
  2. ^ Probate Committee of the Tennessee Clerks of Court Conference, Probate Guide (September 2012)
  3. ^ a b c "About the Trial Courts | Tennessee Administrative Office of the Courts". www.tncourts.gov. Retrieved 2024-05-26.
  4. ^ Fowler, Russell (February 2012). "A History of Chancery and its Equity". Tennessee Bar Journal. 48 (2).
  5. ^ "Local Rules – Davidson County Courts of Record – Circuit Court Clerk". Retrieved 2024-05-26.
  6. ^ "Local Rules of Practice | Tennessee Administrative Office of the Courts". www.tncourts.gov. Retrieved 2024-05-26.
  7. ^ "Tennessee Code 21-1-103 – Right to trial by jury » LawServer". www.lawserver.com. Retrieved 2024-05-26.
  8. ^ "Business Court Docket | Tennessee Administrative Office of the Courts". www.tncourts.gov. Retrieved 2024-05-26.
  9. ^ Lee, Chief Justice Sharon G. (March 16, 2015). "In the Supreme Court of Tennessee, No. ADM2015-00467, Order Establishing the Davidson County Business Court Pilot Project" (PDF).
  10. ^ a b "Business Court Pilot Project – Chancery Clerk and Master of Metropolitan Nashville & Davidson County". Retrieved 2024-05-26.
  11. ^ "Ellen Lyle, JAMS Mediator and Arbitrator". www.jamsadr.com. Retrieved 2024-05-30.
  12. ^ Lyle, Chanceller Ellen Hobbs (January 31, 2019). "Victor Poteet, et al. v. David Brown Levy, et al., In the Chancery Court for the State of Tennessee, Twentieth Judicial District, Davidson County, No. 15-1264-BC" (PDF).
  13. ^ "Judge Joe Binkley, Jr. – Trial Courts of Metropolitan Nashville & Davidson County". Retrieved 2024-05-30.
  14. ^ "Tennessee Supreme Court Endorses Recommendations of the Statewide Business Court Docket Advisory Commission | Tennessee Administrative Office of the Courts". www.tncourts.gov. Retrieved 2024-05-26.
  15. ^ "Chancellor Anne C. Martin – Trial Courts of Metropolitan Nashville & Davidson County". Retrieved 2024-05-30.
  16. ^ "Chancellor Martin Appointed Business Court Representative to ABA Business Law Section | Tennessee Administrative Office of the Courts". www.tncourts.gov. Retrieved 2024-05-26.
  17. ^ "Tennessee Business Court Docket Pilot Project Awarded Grant to Create Nationwide Curriculum | Tennessee Administrative Office of the Courts". tncourts.gov. Retrieved 2024-05-26.
  18. ^ "Probate Court | Shelby County, TN - Official Website". www.shelbycountytn.gov. Retrieved 2024-05-30.
  19. ^ "Probate Court Clerk – Circuit Court Clerk". Retrieved 2024-05-30.
  20. ^ "Circuit Court History – Trial Courts of Metropolitan Nashville & Davidson County". Retrieved 2024-05-30.
  21. ^ "The Court System in Tennessee". Justice For All TN. Retrieved 2024-05-30.
  22. ^ "Court System | Williamson County, TN - Official Site". www.williamsoncounty-tn.gov. Retrieved 2024-05-30.
  23. ^ "Probate Court | UT County Technical Assistance Service". www.ctas.tennessee.edu. Retrieved 2024-05-30.