Tennessee § 16-16-108 - Distribution, partition, and sale of realty.

§ 16-16-108. Distribution, partition, and sale of realty.

The county court shall have concurrent jurisdiction with the chancery and circuit courts to sell real estate of decedents and for distribution or partition. The mode of procedure in those cases in the county courts shall conform in every respect to the rules and regulations laid down for the conduct of similar causes in the chancery and circuit courts. Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100 In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties. Acts 1873, ch. 64, §§ 1, 2; Shan., § 6028; Code 1932, § 10226; T.C.A. (orig. ed.), § 16-710; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2. Compiler's Notes. Acts 2003, ch. 310, § 8, effective July 21, 2003, provided that subsection (a) shall only apply in counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census or any subsequent federal census. Acts 2005, ch. 24, § 1 deleted Acts 2003, ch. 310, § 8, effective April 5, 2005. Acts 2003, ch. 310, § 9, effective July 21, 2003, provided, in part, that, in any county with a population of not less that twelve thousand eight hundred (12,800) nor more than twelve thousand nine hundred (12,900) according to the 2000 federal census or any subsequent federal census, the clerk who is serving as clerk of the court with probate jurisdiction on June 30, 2003, shall continue to serve as the clerk of the court with probate jurisdiction after the effective date of this act. Acts 2005, ch. 24, § 1 provided that Acts 2003, ch. 310, § 8 is amended by deleting that section in its entirety. Acts 2005, ch. 24, § 3 provided that, for the purpose of transferring records, files and other documents relating to probate matters in counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, from the office of the county court clerk to the office of the circuit court clerk, the act shall take effect April 5, 2005. For all other purposes, including the transfer of duties and authority over probate matters to the circuit court clerk, the act shall take effect on July 1, 2005. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Cross-References. Transfer of probate jurisdiction to chancery court, §§ 16-16-201 , 16-16-202 . Textbooks. Tennessee Jurisprudence, 11 Tenn. Juris., Equity, § 30; 12 Tenn. Juris., Executors and Administrators, § 54. Law Reviews. The Tennessee Court System — The County Court, 8 Mem. St. U.L. Rev. 419. Cited: Dick v. Dick, 223 Tenn. 228, 443 S.W.2d 472, 1969 Tenn. LEXIS 407 (1969); In re Estate of Ardell Hamilton Trigg, — S.W.3d —, 2011 Tenn. App. LEXIS 53 (Tenn. Ct. App. Feb. 9, 2011).