(a) If the gift instrument is a will and the estate is in administration, or if the gift under a will is not in trust, the venue of any court action is in the county in which the donor‘s will was or is being administered.

Terms Used In Tennessee Code 35-13-111

  • Court: means the chancery court or other court exercising equity jurisdiction or a probate court of record. See Tennessee Code 35-13-102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Gift instrument: means a will, deed, grant, conveyance, trust agreement, memorandum, writing or other governing document that creates the charitable gift. See Tennessee Code 35-13-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.
(b) If the gift instrument is an inter-vivos trust or a testamentary trust under a fully administered will, venue of any court action shall be in any county in which a trustee resides, or is located if not an individual, or in which a majority of the beneficiaries, or potential beneficiaries, reside or are located.
(c) If neither subsection (a) nor (b) applies, venue is in Davidson County, in a court of competent jurisdiction; provided, that the court may transfer the court action to a more convenient forum.
(d) With the consent of the court in which an action is pending, the parties may waive the venue provisions of subsections (a), (b) and (c).
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