Local Rules – Probate Court – Circuit Court Clerk

View Local Rules – Effective June 1, 2026

GENERAL RULES

RULE 1 – Rules of Court: Applicability, Purpose and Definitions

§ 1.01 – Adoption of Rules

These rules replace all previous local rules.
Revised: June 2026

§ 1.02 – Applicability

(a) General Rules. Rules 1–8 apply to all case types in Circuit, Chancery, and Criminal Courts, unless a rule states otherwise. When a rule applies only to a specific case type, it applies regardless of which court hears the case.

Each court may have chamber rules that supplement these Local Rules. Chamber rules are available from each Clerk’s website or trial court.

(b) Criminal Court Rules. Rules 9–17 apply only to criminal cases.

(c) Civil Court Rules. Rules 18–36 apply only to civil cases. Certain civil proceedings have special procedures that control (administrative appeals, domestic relations, adoptions, probate, conservatorships, guardianships). When these rules conflict with special procedures, the special procedures control.

§ 1.03 – Purpose of Rules

The courts construe the Local Rules to simplify procedure, administer cases fairly, and eliminate unnecessary expense and delay. Judges and Chancellors may suspend or vary a local rule where justice requires.

§ 1.04 – Definitions

Clerk: Circuit Court Clerk, Clerk & Master, or Criminal Court Clerk, as applicable
Calendar Clerk: Deputy clerk assigned to a Chancery Court
In‑Court Clerk: Deputy clerk assigned to a Criminal Court
Assignment Clerk: Deputy clerk administering Circuit Court’s assignment system
Case Coordinator: Coordinates judicial settlement conferences
Tenn. R. Civ. P.: Tennessee Rules of Civil Procedure
Tenn. R. Crim. P.: Tennessee Rules of Criminal Procedure
Tenn. Code Ann.: Tennessee Code Annotated
Tenn. Sup. Ct. R.: Rules of the Tennessee Supreme Court
Attorney/Counsel: Includes self‑represented parties except in Local Rule § 5.04; references to “party/parties” include attorneys where appropriate

§ 1.05 – Citation

These rules may be cited as “Local Rule § ____.”

RULE 2 – The Presiding Judge

Every two years, the Judges and Chancellors of the 20th Judicial District select a Presiding Judge pursuant to Tenn. Code Ann. § 16‑2‑509 and Tenn. Sup. Ct. R. 11.
Revised: June 2026

RULE 3 – Case Assignment and Disposition

§ 3.01 – Initial Assignment of All Cases

Case assignment follows methods ordered by Judges and Chancellors. Clerks may not assign cases by any other method.

§ 3.02 – All Matters in the Same Division or Part

Once assigned, all matters in a case will be heard in that court except as stated in Local Rules §§ 27.06 and 27.07.

§ 3.03 – Interchange of Judges

A Judge or Chancellor may hear any matter by interchange without transferring the case.

§ 3.04 – Transferring Cases

The Presiding Judge may transfer cases. Judges and Chancellors may also transfer cases among themselves except in recusal cases.

§ 3.05 – Motions to Transfer

Motions to transfer must be filed in the assigned court. Related cases should be transferred to the court with the oldest pending related case.

§ 3.06 – Consolidating Cases

Cases must be pending in the same court to be consolidated. Consolidation occurs by motion at the court’s discretion.

RULE 4 – Court Sessions

Court sessions begin at 9:00 a.m. central time unless directed otherwise. All participants must be prompt.

RULE 5 – Conduct of Counsel and Other Court Participants

§ 5.01 – Counsel of Record; Entry of Appearance

Counsel of record may appear by filing a notice of appearance, filing pleadings, appearing without limited‑scope notice, appearing at arraignment, or by court appointment.

§ 5.02 – Withdrawal of Counsel

Withdrawal requires leave of court, motion, notice to all parties, and an order. Additional rules apply to appointed counsel in Criminal Court.
Revised: June 2026

§ 5.03 – [Deleted]

§ 5.04 – Conduct of Counsel

Includes the NBA Lawyer’s Creed of Professionalism (full text preserved).

§ 5.05 – Attorney Fee Awards

Attorneys seeking fee awards must file an affidavit or declaration detailing services, providers, time spent, requested fee, and required facts under RPC 1.5 and relevant law.

§ 5.06 – Ex Parte Communications

No ex parte communication is permitted except as allowed under the Rules of Professional Conduct and Code of Judicial Conduct.

§ 5.07 – No Smoking Policy

Smoking and vaping are prohibited in court and during depositions.

§ 5.08 – Noise‑Generating Devices

All electronic devices must be silenced or turned off. Recording equipment requires prior approval. Media recording is governed by Tenn. Sup. Ct. R. 30.

RULE 6 – Filing and Serving Papers

§ 6.01 – Filing with the Clerk

All papers must be filed with the Clerk. All courts use electronic filing; some documents must be filed in paper format. Papers should not be sent directly to Judges unless authorized.

§ 6.02 – Certificate of Service

All filings except fully agreed orders must include a certificate of service showing date, method, and persons served.

§ 6.03 – Signatures; Certifications; Generative AI

Papers must be signed with full contact information. Signatures certify accuracy and proper purpose. Use of generative AI requires verification of all content. Violations may result in sanctions.

§ 6.04 – Pseudonyms

Pseudonym use requires a court order supported by affidavit showing necessity.

§ 6.05 – Class Actions

Class‑action complaints must include “Complaint – Class Action” next to the caption.

§ 6.06 – Redactions

Confidential information must be redacted as required by Tennessee law.

§ 6.07 – Statistical Sheets

Personal information may be submitted on sealed Statistical Sheets or Spouse’s Personal Information Forms, not open to public inspection.

§ 6.08 – Court Files

Court records are public unless exempt by law or order.

RULE 7 – Papers Filed in Trial Court

§ 7.01 – Custody of Court Files

Clerks maintain custody of all files. Originals may not be removed without a court order. Exhibits may be destroyed 30 days after final notice.

§ 7.02 – Motions to File Under Seal

Outlines required procedure for sealing documents, including motions, redacted copies, and unredacted submissions for in‑camera review.

§ 7.03 – Habeas Corpus and Post‑Conviction Petitions

Clerks must notify the assigned Judge or Chancellor immediately of petitions and subsequent filings.

RULE 8 – Recording of Court Proceedings

§ 8.01 – Audio‑Visual Recordings

The 6th Circuit Court is the only court authorized to use audio‑visual recordings as the official record.

§ 8.02 – Access to Courtroom Video Servers

Only Judges, Chancellors, and full‑time staff may access video servers without written authorization.

RULE 39 – Probate Rules

§ 39.01 Attorneys, Self-Represented Litigants, and Business Entities

(a) Non-attorneys acting in an individual capacity may file documents and represent themselves in court. Non-attorneys acting in a fiduciary capacity may file documents if authorized or required by statute, and may represent themselves if the matter does not require the professional judgment of an attorney. If attorney judgment is required, the court may require representation.

(b) An attorney who files on behalf of an Interested Party becomes attorney of record until released by court order.

(c) Business entities may file creditor claims without counsel, but non-attorney employees or officers may not represent or argue for the entity in court.

§ 39.02 Definitions; Service of Process; Notice; Interested Parties

Service of Process

When required, parties must serve a petition and summons under Tenn. R. Civ. P. 4.

Notice

When required, Notice must be given by mailing, faxing, e-serving, emailing, or hand‑delivery. Additional rules apply to minors, incompetent persons, and parties under disability. E‑service is limited and requires confirmation of enrollment.

Adversary Proceedings

These proceedings require Service of Process and are governed by Tennessee Rules of Civil Procedure, Evidence, and local rules.

Interested Parties

Definitions vary depending on the type of estate or proceeding, including beneficiaries, heirs, creditors, fiduciaries, next of kin, minors, respondents, and trust parties.

Probate Court Masters

Masters may hear designated matters including probate of wills, appointment of fiduciaries, inventories, accountings, creditor claims, fiduciary fees, spouse entitlements, case management, and other referred matters.

§ 39.03 Decedents’ Estates

Petitions to Probate Testamentary Instruments

Verified petitions must include statutory information, identification of beneficiaries and intestate heirs, explanations of heirship, disability status, asset values, and submission of instruments.

Petitions to Administer Intestate Estates

Verified petitions must identify heirs, explain heirship details, describe disabilities, indicate probate asset values, and state efforts to obtain missing information.

Review on Record

Available only in limited circumstances when an attorney represents the petitioner.

Hearings

Petitions must be set for hearing unless review on record is used. Notice must be served to Interested Parties.

Service of Process

Required for solemn form probate only.

Status Reports

Required 15 months after appointment and annually thereafter.

§ 39.05 Conservatorships and Expedited Limited Healthcare Fiduciaries

Verified petitions are required, with Service of Process on respondents unless a guardian ad litem serves the petition. Notice must be provided to closest relatives and other Interested Parties. The court will appoint or waive guardian/attorney ad litem and set hearings.

§ 39.06 Guardianships

Verified petitions are required. Service of Process must be effected on the minor unless performed by a guardian ad litem. Notice must be given to closest relatives, custodians, and Interested Parties. The court appoints or waives a guardian ad litem and sets hearings.

§ 39.07 Sale of Real Property

Decedent’s Estate – Court Approval Not Required

Rules differ for testate/intestate and solvent estates depending on whether real property is expressly brought into probate.

Decedent’s Estate – Court Approval Required

Required for insolvent estates and petitions to bring real property into probate. These are Adversary Proceedings requiring Service of Process and Notice.

Conservatorships and Guardianships

Court approval is required for sales affecting respondents or minors.

Orders and Contracts

Orders must authorize appraisal, listing, marketing, and contracting. Contracts must list fiduciary as seller and state that sale is subject to court approval.

Motions to Approve Contract

Motions must attach the contract and property valuation, and sales cannot close until approved.

Post‑Closing Requirements

HUD‑1/ALTA statement and inventory must be filed within 30 days.

§ 39.09 Adversary Proceedings

Proceedings require Service of Process and Notice to non‑party Interested Parties. Cases may be assigned separate docket numbers.

§ 39.10 Guardians Ad Litem

GALs may be appointed in various matters involving minors or persons under disability. Reports must be filed at least 3 business days before hearings.

§ 39.11 Setting, Striking, and Continuing Hearings

Rules for scheduling hearings, recurring dockets, special settings, and requirements for striking or continuing hearings.

§ 39.12 Elective Share, Year’s Support, Homestead, and Exempt Property

Notice is required to all Interested Parties. Prerequisites include net estate calculations and proposed awards submitted before hearings.

§ 39.13 Motions

Written motions and responses required. Unopposed motions may be granted before hearings. Proposed orders should be filed in advance.

§ 39.14 Fiduciary and Attorney Fees

Detailed requirements governing fee motions, fee applications, supporting documentation, Notice, interim and final requests, and special rules for estates, conservatorships, guardianships, and healthcare fiduciary cases.