Tennessee Chancery Court Guardianship for a Minor: When and How to File

Choosing the Court for a Property Guardianship

Most relatives filing for guardianship of a child in Tennessee start at juvenile court — and for many cases that is correct. But Tennessee law splits jurisdiction based on whether the child has property that needs managing.

Under T.C.A. § 34-2-101, a petition for guardianship of the person only may be brought in juvenile court. A petition for guardianship of the person, property, or both may be brought in a court exercising probate jurisdiction or any other court of record in a county with venue. In many Tennessee counties, that means chancery court or a probate division.

Before filing, confirm with the clerk which court in your county hears the case. The statute allows a property guardianship in a probate court or another court of record with venue.

County-by-County Court Structure

Tennessee does not have a uniform probate court system. Where you file depends on where you live:

In many counties, Chancery Court exercises probate jurisdiction, but private acts may assign it to a special probate court or General Sessions Court. Check the local clerk's instructions. Some small counties have a single judge sitting in multiple capacities, which can simplify the process.

What Property Guardianship Requires

Chancery court guardianship carries heavier obligations than a person-only juvenile court appointment:

• Sworn inventory: File within 60 days of appointment, listing the child's property and its approximate fair market value
• Accountings: File the first sworn accounting within 30 days after the six-month anniversary of appointment, then within 60 days after each accounting period ends. No period may exceed 12 months; the court may extend the deadline or waive accountings in qualifying cases.
• Bond: Generally required under T.C.A. § 34-1-105 in an amount equal to the fair market value of all the child's personal property plus one year's anticipated income from all property, including real property. A corporate surety or pledged property can secure it, and the court may waive it in limited circumstances
• Court oversight: The court actively supervises management of the child's estate

Combined Person and Property

If you need authority over both the child's daily care and their financial assets, you can file a combined petition in a court exercising probate jurisdiction or another court of record with venue. This avoids running two parallel cases in two different courts. The single order covers both person and property, though the ongoing reporting and bond requirements for the property portion still apply.

The Filing Process

The steps mirror a standard guardianship petition with additional financial documentation:

1. Draft and file a sworn petition with the information required by T.C.A. § 34-2-104, including the closest relatives and present custodian for notice, the reason for the request, the specific property involved, and the requested scope of authority
2. Pay the filing fee (varies by county — Shelby County Probate charges $341.50)
3. Serve all required parties with formal notice
4. Ask the court whether it requires background checks or other additional steps
5. At the hearing, present proof of the child's assets along with the standard guardianship evidence
6. If appointed, post the required bond and file the initial inventory within 60 days

When to Stay in Juvenile Court

If the child has no property to manage — no inheritance, no insurance payout, no settlement — a person-only guardianship may be brought in juvenile court under T.C.A. § 34-2-101. Property or combined guardianships may be brought in a court exercising probate jurisdiction or another court of record with venue. Confirm the local assignment with the court clerk.

Get the Full Court-Selection Walkthrough

The Guardianship and Custody for Grandparents and Relatives in Tennessee guide includes a court-selection matrix that maps your specific situation to the right courthouse, along with the petition requirements, fee-waiver process, and a step-by-step hearing preparation checklist.

See more Tennessee guides →