35-13-111 - Venue of court action. - Tennessee Statutes

35-13-111. Venue of court action.

(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.

(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) or (b) apply, venue is in Davidson County, Tennessee, 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).

[Acts 1997, ch. 300, § 1.]