History
of the
Shelby County Probate Court
The Shelby County Probate Court was the first probate court established in Tennessee. The Private Acts of 1870 established in Shelby County a Court of Record called the Probate Court of Shelby County, consisting of one judge, to be elected by the qualified voters of Shelby County. “The said Court shall have original jurisdiction on all matters of probate, the administration of estates, and orphans’ business, embracing all of the subjects and powers enumerated and conferred…by the Tennessee Code.” The Honorable Judge J.E.R. Ray was the first judge to preside over this newly created court. In 1965, a second division of Probate Court was created. The Honorable Judge Harry C. Pierotti was the first judge to preside over Division II.
The Probate Court of Shelby County is a court of record and is a court of unlimited jurisdiction. Although the jurisdiction of the Probate Court is purely statutory, the statutes granting jurisdiction are sufficiently broad to enable the Probate Courts to hear and determine most will and estate matters. The Private Act of 1985 granted the Shelby County Probate Courts “concurrent jurisdiction with the chancery courts for matters relating to wills, guardianships and conservatorships. The Public Act of 1991 granted all Tennessee courts of record having probate jurisdiction concurrent jurisdiction with the circuit court to conduct trials upon the validity of wills. The Probate Court also has concurrent jurisdiction with the juvenile court over persons of minors and estates of minors and disabled persons. The Probate Court also conducts hearings to commit persons to a hospital who are found to be mentally ill and pose a danger to themselves or others.
The Probate Court has jurisdiction to change names and to correct errors on birth certificates.
Appeals from decisions of the Probate Court of Shelby County are to the Tennessee Court of Appeals.
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