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Private Acts of 1982 Chapter 302

COMPILER'S NOTE:  Effective July 1, 2014, all clerical duties and responsibilities for the probate court currently exercised by the circuit court clerk shall transfer to the clerk and master. On such date, the clerk and master shall assume all duties and responsibilities with respect to the administration of estates, guardian appointments and other probate matters. All probate files, records and other documents maintained for the probate court in such counties shall be transferred to the custody of the clerk and master. PUBLIC CHAPTER NO. 756 OF THE PUBLIC ACTS OF 2014.

COMPILER'S NOTEEffective July 1, 2014, all jurisdiction relating to the probate of wills and the administration of estates of every nature, including the estates of decedents and of wards under guardianships or conservatorships and related matters presently in the court of general sessions shall be transferred to chancery court. On such date, the chancellor shall assume all duties and responsibilities with respect to the administration of estates, guardian appointments and other probate matters. All probate files, records and other documents maintained in the general sessions or circuit court in such counties shall be transferred to the custody of the clerk and master. PUBLIC CHAPTER NO. 756 OF THE PUBLIC ACTS OF 2014.

 

SECTION 1.  Effective September 1, 1982, all juvenile jurisdiction under Tennessee Code Annotated, Title 37, and all similar laws shall be transferred to and vested in the General Sessions Court of Franklin County, Tennessee.

SECTION 2.  Effective September 1, 1982, the Probate Court of Franklin County, Tennessee, including all judicial jurisdiction now exercised by the Franklin County judge, including, but not limited to, wills; administration of decedents' estates, including the sale of decedents' land for the payment of debts; qualification of guardians; partition of land cases, both by sale and in kind; the affairs of minors, incompetents, and others laboring under a disability, shall not be separate from the current jurisdiction of the General Sessions Court of Franklin County, nor shall there be separate terms for Probate Court; it being the intent of this section to merge the Probate Court and General Sessions Court of Franklin County into one (1) court having jurisdiction over such matters.

SECTION 3.  Nothing in this act shall be construed to affect or alter the duties, responsibilities, fees and jurisdiction of the present clerks of the probate, juvenile, and General Sessions Courts of Franklin County.  Upon the effective date of this act, the County Clerk shall continue to serve as the clerk for all probate matters, and the Circuit Court Clerk shall serve as the clerk for all juvenile matters and as the clerk in all matters within the present jurisdiction of the General Sessions Court.

As amended by: Private Acts of 1999, Chapter 8

SECTION 4.  Nothing in this act shall be construed to affect, alter or diminish the jurisdiction presently conferred upon the Circuit or Chancery Court of Franklin County.

SECTION 5.  This act shall have no effect unless it is approved by a two-thirds (2/3) vote of the county legislative body of Franklin County.  Its approval or nonapproval shall be proclaimed by the presiding officer of the county legislative body and certified by him to the Secretary of State.

SECTION 6.  For the purpose of approving or rejecting the provisions of this act, it shall be effective upon becoming a law, the public welfare requiring it.  For all other purposes, it shall become effective upon being approved as provided in Section 5.

SECTION 7. Notwithstanding this Chapter and any other chapter amendatory thereto, effective July 1, 2014, all clerical duties and responsibilities for the probate court currently exercised by the circuit court clerk shall transfer to the clerk and master.

As amended by: Private Acts of 2014, Chapter 48

SECTION 8. Notwithstanding this Chapter and any other chapter amendatory thereto, effective July 1, 2014, all jurisdiction relating to the probate of wills and the administration of estates of every nature, including the estates of decedents and of wards under guardianships or conservatorships and related matters presently in the court of general sessions shall be transferred to chancery court.

As amended by: Private Acts of 2014, Chapter 48

Passed:  April 7, 1982.