Appeal From Judgment of Court

  1. Law
  2. Tennessee Code
  3. Administration of Estates
  4. Management, Settlement and Distribution
  5. Accounts and Settlements
  6. Appeal From Judgment of Court

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  1. In any county having a population of five hundred thousand (500,000) or more according to the 2000 federal census or any subsequent federal census, when the court having probate jurisdiction finally settles an account, any person adversely affected by the settlement may appeal from the judgment to the court of appeals.
  2. In any county having a population of less than five hundred thousand (500,000) according to the 2000 federal census or any subsequent federal census, when the court having probate jurisdiction finally settles an account:
    1. If the judge serving such court is the circuit court judge or chancellor of the judicial district, then any person adversely affected by the settlement may appeal from the judgment to the court of appeals; or
    2. If the judge serving such court is not the circuit court judge or chancellor of the judicial district, then any person adversely affected by the settlement may appeal from the judgment to the appropriate trial court of general jurisdiction in which case the trial judge shall hear the matter de novo.
  3. Except in any county having a population of five hundred thousand (500,000) or more according to the 2000 federal census or any subsequent federal census, the appeal of any decision, ruling, order, or judgment of a probate court that is served by a judge who is not the circuit court judge or chancellor of the judicial district in which the matter arose shall be to the appropriate trial court of general jurisdiction in which case the trial judge shall hear the matter de novo.
  4. The appeal of any decision, ruling, order, or judgment of a probate court that is served by the circuit court judge or chancellor of the judicial district in which the matter arose (or of a probate court in any county having a population of five hundred thousand (500,000) or more according to the 2000 federal census or any subsequent federal census), shall be to the court of appeals as otherwise provided by law or rule of court.
    1. Subdivision (b)(2) and subsection (c) shall not apply in counties having a population of:

      not less than  nor more than

      39,050 39,150

      44,200 44,300

      71,100 71,200

      88,800 88,900

      105,800 105,900

      according to the 2000 federal census or any subsequent federal census.

    2. In any county set out in subdivision (e)(1), any person adversely affected by the settlement or any decision, ruling, order, or judgment of the probate court shall appeal to the court of appeals unless otherwise prohibited by law or rule of court.

Code 1858, § 2304 (deriv. Acts 1851-1852, ch. 215, § 4); Shan., § 4040; Code 1932, § 8253; T.C.A. (orig. ed.), § 30-1110; Acts 1985, ch. 140, § 21; 2002, ch. 754, §§ 1, 2; 2003, ch. 157, § 1; 2009, ch. 396, § 1.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), § 845.

Law Reviews.

Decedents' Estates, Trusts and Future Interests — 1960 Tennessee Survey (Herman L. Trautman), 13 Vand. L. Rev. 1101 (1960).


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