Tennessee § 32-4-101 Certificate that will is contested - Contestant's bond

Tennessee Statutes

§ 32-4-101 — Certificate that will is contested - Contestant's bond

Tennessee § 32-4-101

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This text of Tennessee § 32-4-101 (Certificate that will is contested - Contestant's bond) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 32-4-101 (2026).

Text

(a)If the validity of any last will or testament, written or nuncupative, is contested, then the court having probate jurisdiction over that last will or testament must enter an order sustaining or denying the contestant's right to contest the will. If the right to contest the will is sustained, then the court must:

(1)Require the contestant to enter into bond, with surety, in the penal sum of five hundred dollars ($500), payable to the executor mentioned in the will, conditioned for the faithful prosecution of the suit, and in case of failure in the suit, to pay all costs that may accrue on the suit; and (2) Cause a certificate of the contest and the original will to be filed with the appropriate court for trial.

(b)As used in this section, the term "the appropriate court for trial" me

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(a) If the validity of any last will or testament, written or nuncupative, is contested, then the court having probate jurisdiction over that last will or testament must enter an order sustaining or denying the contestant's right to contest the will. If the right to contest the will is sustained, then the court must: (1) Require the contestant to enter into bond, with surety, in the penal sum of five hundred dollars ($500), payable to the executor mentioned in the will, conditioned for the faithful prosecution of the suit, and in case of failure in the suit, to pay all costs that may accrue on the suit; and (2) Cause a certificate of the contest and the original will to be filed with the appropriate court for trial. (b) As used in this section, the term "the appropriate court for trial" means the court elected by the contestant, in the notice of contest, to conduct a trial upon the validity of the will.

Legislative History

Code 1858, § 2173 (deriv. Acts 1835-1836, ch. 5, § 9; 1835-1836, ch. 18, §2); Shan., § 3905; Code 1932, § 8103; Acts 1980, ch. 765, § 1; T.C.A. (orig. ed.), § 32-401; Acts 2002, ch. 631, § 1.