Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed attorney to discuss the specifics of your situation.
Detailed Answer
Overview of Tennessee Probate Appeals
Under Tennessee law, a person who is removed as a personal representative—or any party aggrieved by that removal—may appeal the probate court’s decision to the appropriate trial court. Appeals from probate courts in Tennessee follow procedures set by statute and the Tennessee Rules of Appellate Procedure.
Statutory Basis for Appeal
Tennessee Code Annotated § 16-15-734 provides the right to appeal final probate court decrees. The statute states that any person “aggrieved” by a probate ruling can appeal to the chancery or circuit court in the county where the probate proceeding occurred. Read the full text here: Tenn. Code Ann. § 16-15-734.
Time Limits and Deadlines
You must file a Notice of Appeal within 30 days of the entry of the removal order. This deadline is set by Tennessee Rule of Appellate Procedure 4(a). Missing the deadline typically forfeits your right to appellate review. See the rule here: Tenn. R. App. P. 4.
Steps to File Your Appeal
- File a Notice of Appeal with the clerk of the probate court that issued the removal order.
- Pay the required filing fees or submit a fee waiver petition if eligible.
- Order and file the transcript of the probate hearing, if the trial court record includes oral testimony.
- Compile and file the Record on Appeal according to Tenn. R. App. P. 7, including exhibits and relevant documents.
Appellate Review Process
In Tennessee, appeals from probate court are heard de novo in the chancery or circuit court. This means the trial court reviews the matter as if no prior decision existed. The trial court may accept new evidence, hear witness testimony, and issue an independent ruling on whether removal was proper.
Possible Appellate Outcomes
The trial court (chancery or circuit) may:
- Affirm the probate court’s removal order.
- Reverse the removal and reinstate the personal representative.
- Remand the case back to probate court for additional findings or proceedings.
Helpful Hints
- Watch the clock: Mark your calendar for the 30-day appeal deadline immediately after the removal order is entered.
- Collect documentation: Gather all probate orders, hearing transcripts, and related evidence before filing.
- Review appellate rules: Tennessee’s appellate rules are strict. Follow formatting, content, and service requirements in Tenn. R. App. P.
- Consider professional help: Appellate procedure differs significantly from trial practice. A lawyer familiar with probate appeals can guide you.
- Explore alternatives: If an appeal seems unlikely to succeed, you may file a motion for rehearing or reconsideration in the probate court.