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Tennessee County Court, Probate, Tax and Other Miscellaneous Records
Tennessee Court Records
See Also Research In State Court Records
There is no effective substitute for an on-site search of county courthouse records. County level records have not yet been centralized. No single county's records have been significantly abstracted or transcribed, making a courthouse visit essential. County records vary widely from county to county in both quality and quantity.
County courts also hear guardianship and minor civil and criminal cases. Court records date from the organization of the county except in cases where records have been destroyed. "
DUTIES OF CIRCUIT COURT CLERK
Court Clerks serve an important role in the operation of the court system in Tennessee. Clerks must attend each session of court with all the papers in the cases on the docket and must administer the oaths to parties and witnesses who testify in a case. Clerks usually keep minutes of the court in a well-bound book, but may keep this information in electronic format so long as certain rules relating to the safe-keeping of the records are followed. Because Court Clerks deal with voluminous paperwork, the storage and retention of documents are important considerations. When a case is appealed from a court of record, the Clerk compiles the record (papers) needed for the appeal, and it is extremely important that the records of the Clerk's office be well-organized and accurate.
Clerks maintain the rule docket and an execution docket in which all court judgments or decrees are entered in order of rendition by the court and in which all receipts and disbursements in a case are entered. Clerks also maintain indexes for all books and dockets that are kept by the office.
Clerks collect state and county litigation taxes, criminal injuries compensation tax, county expense fees, funds for the impaired driver's trust fund, Tennessee Bureau of Investigation fees, misdemeanant jail per diems, fines, sheriff's fees, clerk's fees, witness fees and other items of court costs. Clerks prepare bills of costs in cases, account for these monies and make collection efforts when these amounts are unpaid. Clerks may elect to use certain "flat fees" in lieu of itemizing the fees according to the clerk's fee statute, Tennessee Code Annotated § 8-21-401. Clerks maintain a cash journal (general ledger) to account for and summarize the cash transactions of the office and issue receipts for all collections.
Clerks invest idle funds pursuant to Tennessee Code Annotated § 18-5-106, and often serve in a fiduciary capacity to invest funds held for third parties. Additionally, many Clerks conduct delinquent tax sales and other sales of property as ordered by the court. Clerks may collect support, including alimony and child support, pursuant to court order and the Tennessee Code Annotated.
OTHER DUTIES - Since office management is an important aspect of the Court Clerk's responsibilities, the Clerk should have knowledge of personnel procedures and both state and federal laws. The Clerk should also have a basic understanding of potential liability, including both personal liability and county liability, and of the Tennessee Governmental Tort Liability Act. Every county official should be familiar with the conflict of interest and disclosure laws applicable to their offices.
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- Order County Court, Civil or Criminal Records
- Tennessee Court Books at Amazon.com
- Search Court Records From All States
- Search County Court Records
- Search County Criminal Records with a Criminal Background Check
- Search for Registered Sex Offenders in your local Area
Tennessee Probate Records
See Also Research In State Probate Records
DUTIES OF COUNTY CLERK - The County Clerk has many important functions within the county government. The County Clerk serves as clerk of the county legislative body, keeps the records of the county legislative body and sends required notices. The minutes of the county legislative body meetings are required to be promptly and fully recorded by the County Clerk and are open to public inspection.
The County Clerk collects business taxes, handles motor vehicle registration and licensing and collects county wheel taxes. Also, the County Clerk issues marriage licenses, collects the state and any county privilege tax on marriage, and may solemnize a marriage. Since notaries public are elected by the county legislative body, the County Clerk keeps a record of the notaries public in the county and has duties involving coordination between the Office of Secretary of State and the notary applicant. County clerks have other miscellaneous licensing duties, including pawnbroker licensing, hunting and fishing licensing and others. In some counties, County Clerks serve as clerks of court, the most common of which are juvenile and probate court. The County Clerk's office receive fees for these services. Tennessee Code Annotated §8-21-701 is the basic County Clerk's fee statute.
OTHER DUTIES - Since office management is an important aspect of the County Clerk's responsibilities, County Clerks should be familiar with both state and federal laws relating to personnel matters. Also, the County Clerk should have a basic understanding of potential liability, including both personal liability and county liability, and of the Tennessee Governmental Tort Liability Act. Every county official should be familiar with the conflict of interest and disclosure laws applicable to their offices.
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- Research In Probate Records - from The Source: A Guidebook to American Genealogy.
- How to Locate Printed Probate Records
- Advantages of Printed Probate Records
- Limitations of Printed Probate Records
- Tennessee Probate Books at Amazon.com
Tennessee Land Records
See Also Research In State Land Records
Most land records will be found with the county Register of Deeds. Despite their titles, deeds found in a county Register's office may include other legal documents of transfer, such as deeds in fee simple granting absolute ownership; mortgages transferring property rights as security for debts; dower releases waiving wives’ rights; quit-claim deeds releasing whatever title or right is held whether valid or not; deeds of gift transferring land without reciprocal consideration; powers of attorney appointing legal agents; marriage property settlements; bills of sale transferring property that is usually not land; and various forms of contracts, such as leases, partnerships, indenture papers, and other performance bonds. Deed books from before the Civil War and especially in colonial years were more miscellaneous in their contents, even including animal brands, occasional wills, slave manumissions, apprentice papers, petitions, depositions, tax lists, and whatever else the clerk decided to preserve on a convenient page. Through such records a researcher may trace the ownership of land, in some cases for two centuries or more.
- Search Land Patents at Gov-Records.com
- Search Property Records at Gov-Records.com
- Research In Land Records - from The Source: A Guidebook to American Genealogy.
- Tennessee Land Books at Amazon.com
- Land Records from All States
- Search County Property Records
- Search County Land Patents
Tennessee Tax Records
See Also 
Researching in Tax Records
Tennessee tax lists can be used to locate families, document historic properties and study community history. Early tax lists generally include all white males over 21 and indicate whether they owned land or slaves. They usually do not provide other personal information.
The tax lists enumerated for Benton County for the years: 1836-1874, 1876-1881 ; are available on microfilm at the Tennessee State Library and Archives. They are generally filed with each county's records, but some early lists are in a separate collection.
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