Tennessee Chancery and Probate Courts are components of the trial court system in the state of Tennessee. The state is divided into 32 judicial districts, each containing a Chancery Court. Some districts also have legislatively created Probate Courts. In counties without a separate Probate Court, probate jurisdiction is exercised by the Chancery Court.
Chancery Courts
Tennessee's Chancery Courts are courts of equity, created in the first half of the 19th century. They remain one of the few distinctly separate courts of equity in the United States. While the Chancery Court and Tennessee's Circuit Court (the court of general civil and criminal jurisdiction) may share a set of procedural rules in each county, there are distinct rules applying to the separate courts. Parties in the Chancery Court are entitled to have a jury try issues of material fact.
Chancery Courts handle a variety of matters including divorces, adoptions, contract disputes, injunctions, delinquent property taxes, name changes, real estate matters, partition suits, conservatorships, guardianships, and probate matters (where no separate Probate Court exists).
In 2015, the Tennessee Supreme Court created a pilot business court, designating the Davidson County (Nashville) Chancery Court Part III to serve as the Business Court. This initiative received a grant from the State Justice Institute to develop a curriculum for expanding business courts in Tennessee and elsewhere.
Probate Courts
Probate Courts in Tennessee are legislatively created courts with jurisdiction over probating wills, estate administration, conservatorships, and guardianships. Only two counties—Shelby County (Memphis) and Davidson County (Nashville)—have separate Probate Courts. There are only three probate judges in the state. Unless properly designated to another court, probate and estate matters reside in a Tennessee county's Chancery Court.
Organization
Tennessee's 95 counties are divided into 32 judicial districts. Within each district are Circuit Courts and Chancery Courts, as provided by the state constitution. Some districts also have legislatively established Criminal Courts and Probate Courts. Judges of these courts are elected to eight-year terms.
