Private Acts of 1982 Chapter 385

SECTION 1.  The chancery court in Carter County shall have exclusive jurisdiction over the probate of wills and the administration of estates, and all matters relating thereto which were formerly vested in the county court or the county judge.

SECTION 2.  The County Clerk of Carter County shall be the sole county official authorized and empowered to grant letters of administration and letters testamentary, appoint administrators and executors, receive and adjudicate all claims, probate wills in common form, determine allowances to the surviving spouse and family of the deceased, preside over the assignment of homestead, take and state all accounts and settlements, subject to the approval of the chancellor, direct and approve final distributions, and hear and determine all probate matters whether herein enumerated or not.  The chancellor shall hear all probates in solemn form and may hear such other probate matters as he may deem proper.  Probate-related actions taken by the county clerk shall be subject to review by the chancellor by simple motion, petition or filing of exceptions as may be appropriate.

SECTION 3.  This act shall have no effect unless it is approved by a two-thirds (2/3) vote of the county legislative body of Carter County before September 1, 1982.  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 4.  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 on September 1, 1982, if approved as provided in Section 3.

Passed:  May 6, 1982.

COMPILER'S NOTE:  Private Acts of 1982, Chapter 325, herein, is identical to this act except that it was not approved by the Carter County Legislative Body and never became law.