Disclaimer: This article is for educational purposes and does not constitute legal advice. Always consult an attorney for guidance on your specific situation.
Detailed Answer
Venue for Opening an Estate in Tennessee
Under Tennessee law, you must file a petition to open a decedent’s estate in the proper county. Tenn. Code Ann. § 30-2-101(a) directs you to file in one of three counties, in this order of priority:
- The county where the decedent was domiciled at the time of death.
- If the decedent was not domiciled in Tennessee, the county where the decedent owned real property.
- If the decedent was neither domiciled nor owned real property in Tennessee, any county where tangible personal property is located.
Example: Jane Doe lived in Knox County and owned a vacation cabin in Williamson County. You must open her estate in Knox County because that was her domicile at death.
For full text, see Tenn. Code Ann. § 30-2-101.
Venue for Transferring or Changing Venue
If circumstances require you to transfer venue after opening, Tenn. Code Ann. § 30-2-104 governs the process. A party in interest may petition to change venue to a more appropriate county, such as when additional real or personal property surfaces in a different jurisdiction.
- File a written motion stating the reasons for transfer.
- Provide notice to all interested parties.
- Attend the hearing—if the court finds good cause, it will enter an order transferring the matter.
See details at Tenn. Code Ann. § 30-2-104.
Key Steps to Determine Venue
- Review decedent’s last residence or domicile.
- Identify any Tennessee real property holdings.
- Locate any tangible personal property within the state.
- File the petition in the first-qualifying county.
Helpful Hints
- Check official records or utility bills to confirm domicile.
- Search county property records for real estate ownership.
- Inventory all personal property to establish location.
- Keep all parties notified if you need to change venue.
- Consult the probate division of the county clerk for local filing rules.