Tenn. Code Ann. § 30-2-601 — TN Code / Title 30 / Chapter 2 / Section 30-2-601
Accountings - Statement in lieu of accounting
Status: in_force

(a) (1) Within fifteen (15) months from the date of qualification, the personal representative shall make an accounting with the clerk of the court exercising probate jurisdiction in the county of the estate. If accountings have been waived by the decedent's will or other pleadings filed with the court, the personal representative shall not be required to file a detailed accounting but shall be required to file a status report detailing any remaining estate issues within fifteen (15) months from the date of qualification and each year thereafter that the estate remains open. Upon application of one (1) or more of the distributees of the residue, the court may require the personal representative to file a detailed accounting with the court. (2) After the first accounting and until the estate is fully administered, the personal representative shall make further accountings annually from the date of the first accounting. The accountings shall state all receipts, disbursements and distributions of principal and income for the accounting period and the remaining assets held in the estate and shall be verified by the oath of the personal representative before the clerk or any person authorized by law to administer oaths in such cases. (3) The final accounting shall state the personal representative has mailed or delivered notice of the requirement to file claims required by § 30-2-306(d) to the creditors of the decedent who were known to or reasonably ascertainable by the personal representative. (4) For good cause shown to the court, it may extend the time for filing the accountings. However, detailed accountings of solvent estates may be waived if: (A) The decedent by the decedent's will waived the requirement for the personal representative to make court accountings of the estate; or (B) All of the distributees of the residue file with the clerk of the court sworn waivers, or statements under penalty of perjury, excusing the personal representative from filing all court accountings. (b) (1) If all court accountings are waived by the decedent's will or by the distributees as above provided and notwithstanding any other provisions of probate law to the contrary, the personal representative and the distributees of the residue of a solvent estate, in which all legitimate claims against the estate have been satisfied, may file separate statements with the clerk of the court at any time after the period for creditors to file claims against the estate has expired, which statement by the personal representative shall state substantially the facts in subdivision (b)(1)(A) and which statement by the distributees of the residue shall state substantially the facts in subdivision (b)(1)(B); except that no statement acknowledging receipt shall be required of a distributee who is also the personal representative: (A) That the personal representative has properly administered the estate, has paid or settled all claims that were lawfully presented, has paid all expenses of administration, has mailed or delivered notice of the requirement to file claims, as prescribed in § 30-2-306(d) , to the creditors of the decedent who were known to or reasonably ascertainable by the personal representative, has for estates where the death occurred prior to January 1, 2016, filed with the court a final receipt from the department of revenue unless waived pursuant to § 67-8-409(g) , has distributed the estate according to the will and obtained and filed receipts for specific bequests as required by § 30-2-707 , or has distributed the estate according to the laws of intestate succession; and (B) That the distributees of the residue acknowledge that the estate has been properly distributed to them. (2) If the personal representative has made diligent efforts, satisfactory to the court, to obtain an acknowledgement from any distributee, and one (1) or more have failed to comply, the personal representative may move the court for closure of the estate by giving notice of the pending settlement to the noncompliant distributee. Failure of the noncompliant distributee to appear or participate in the hearing shall result in a final order closing the estate. (c) The filing of this statement, and without the requirement of notice of an accounting by the clerk, relieves the personal representative and all distributees of any requirement of law or rule to file a detailed statement, accounting or receipt of any property, money or other items received from the estate. This section does not apply unless all distributees of the residue of an estate file this statement in lieu of a more detailed accounting that may otherwise be required. (d) In connection with any final settlement with the court, it is necessary for the receipt of any legatee or distributee to be executed under penalty of perjury or otherwise sworn before the clerk or a notary public, in a form developed by the administrative office of the courts. The form shall be posted on the website of the administrative office of the courts where it can be copied by the legatee or distributee or provided to the legatee or distributee by the court or the court clerk. (e) In connection with any accounting, to support the financial information reported, the personal representative shall submit with the accounting the original of each cancelled check written on the estate account unless: (1) The personal representative is a bank to which § 45-2-1003(c) applies or a savings and loan association to which § 45-2-1003(c) would apply if the savings and loan association were a bank, in which case the personal representative shall comply with § 45-2-1003(c) ; or (2) The estate account is maintained in a financial institution, as defined in § 34-1-101 , that does not return the cancelled checks but provides a printed statement showing the date the check cleared, the payee and the amount, in which case the personal representative shall submit a printed statement from the financial institution. Amended by 2017 Tenn. Acts, ch. 280, Secs.s 2, s 3, s 4 eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 280, s 1, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 809, s 1, s 2, Sec.s 3 eff. 4/14/2016. Code 1858, §§ 2295, 2296 (deriv. Acts 1837-1838, ch. 125, § 1); Shan., §§ 4031, 4032; Code 1932, §§ 8244, 8245; Acts 1972, ch. 464, §§ 1, 2; T.C.A. (orig. ed.), §§ 30-1101, 30-1102; Acts 1985, ch. 140, § 19; 1986, ch. 580, § 1; 1989, ch. 395, §§ 10-12; 1992, ch. 951, § 7; 1995, ch. 177, § 1; 1997 , ch. 426, § 11; 1998, ch. 762, § 1; 1999, ch. 491, § 12.
(a) (1) Within fifteen (15) months from the date of qualification, the personal representative shall make an accounting with the clerk of the court exercising probate jurisdiction in the county of the estate. If accountings have been waived by the decedent's will or other pleadings filed with the court, the personal representative shall not be required to file a detailed accounting but shall be required to file a status report detailing any remaining estate issues within fifteen (15) months from the date of qualification and each year thereafter that the estate remains open. Upon application of one (1) or more of the distributees of the residue, the court may require the personal representative to file a detailed accounting with the court. (2) After the first accounting and until the estate is fully administered, the personal representative shall make further accountings annually from the date of the first accounting. The accountings shall state all receipts, disbursements and distributions of principal and income for the accounting period and the remaining assets held in the estate and shall be verified by the oath of the personal representative before the clerk or any person authorized by law to administer oaths in such cases. (3) The final accounting shall state the personal representative has mailed or delivered notice of the requirement to file claims required by § 30-2-306(d) to the creditors of the decedent who were known to or reasonably ascertainable by the personal representative. (4) For good cause shown to the court, it may extend the time for filing the accountings. However, detailed accountings of solvent estates may be waived if: (A) The decedent by the decedent's will waived the requirement for the personal representative to make court accountings of the estate; or (B) All of the distributees of the residue file with the clerk of the court sworn waivers, or statements under penalty of perjury, excusing the personal representative from filing all court accountings.
(1) Within fifteen (15) months from the date of qualification, the personal representative shall make an accounting with the clerk of the court exercising probate jurisdiction in the county of the estate. If accountings have been waived by the decedent's will or other pleadings filed with the court, the personal representative shall not be required to file a detailed accounting but shall be required to file a status report detailing any remaining estate issues within fifteen (15) months from the date of qualification and each year thereafter that the estate remains open. Upon application of one (1) or more of the distributees of the residue, the court may require the personal representative to file a detailed accounting with the court.
(2) After the first accounting and until the estate is fully administered, the personal representative shall make further accountings annually from the date of the first accounting. The accountings shall state all receipts, disbursements and distributions of principal and income for the accounting period and the remaining assets held in the estate and shall be verified by the oath of the personal representative before the clerk or any person authorized by law to administer oaths in such cases.
(3) The final accounting shall state the personal representative has mailed or delivered notice of the requirement to file claims required by § 30-2-306(d) to the creditors of the decedent who were known to or reasonably ascertainable by the personal representative.
(4) For good cause shown to the court, it may extend the time for filing the accountings. However, detailed accountings of solvent estates may be waived if: (A) The decedent by the decedent's will waived the requirement for the personal representative to make court accountings of the estate; or (B) All of the distributees of the residue file with the clerk of the court sworn waivers, or statements under penalty of perjury, excusing the personal representative from filing all court accountings.
(A) The decedent by the decedent's will waived the requirement for the personal representative to make court accountings of the estate; or
(B) All of the distributees of the residue file with the clerk of the court sworn waivers, or statements under penalty of perjury, excusing the personal representative from filing all court accountings.
(b) (1) If all court accountings are waived by the decedent's will or by the distributees as above provided and notwithstanding any other provisions of probate law to the contrary, the personal representative and the distributees of the residue of a solvent estate, in which all legitimate claims against the estate have been satisfied, may file separate statements with the clerk of the court at any time after the period for creditors to file claims against the estate has expired, which statement by the personal representative shall state substantially the facts in subdivision (b)(1)(A) and which statement by the distributees of the residue shall state substantially the facts in subdivision (b)(1)(B); except that no statement acknowledging receipt shall be required of a distributee who is also the personal representative: (A) That the personal representative has properly administered the estate, has paid or settled all claims that were lawfully presented, has paid all expenses of administration, has mailed or delivered notice of the requirement to file claims, as prescribed in § 30-2-306(d) , to the creditors of the decedent who were known to or reasonably ascertainable by the personal representative, has for estates where the death occurred prior to January 1, 2016, filed with the court a final receipt from the department of revenue unless waived pursuant to § 67-8-409(g) , has distributed the estate according to the will and obtained and filed receipts for specific bequests as required by § 30-2-707 , or has distributed the estate according to the laws of intestate succession; and (B) That the distributees of the residue acknowledge that the estate has been properly distributed to them. (2) If the personal representative has made diligent efforts, satisfactory to the court, to obtain an acknowledgement from any distributee, and one (1) or more have failed to comply, the personal representative may move the court for closure of the estate by giving notice of the pending settlement to the noncompliant distributee. Failure of the noncompliant distributee to appear or participate in the hearing shall result in a final order closing the estate.
(1) If all court accountings are waived by the decedent's will or by the distributees as above provided and notwithstanding any other provisions of probate law to the contrary, the personal representative and the distributees of the residue of a solvent estate, in which all legitimate claims against the estate have been satisfied, may file separate statements with the clerk of the court at any time after the period for creditors to file claims against the estate has expired, which statement by the personal representative shall state substantially the facts in subdivision (b)(1)(A) and which statement by the distributees of the residue shall state substantially the facts in subdivision (b)(1)(B); except that no statement acknowledging receipt shall be required of a distributee who is also the personal representative: (A) That the personal representative has properly administered the estate, has paid or settled all claims that were lawfully presented, has paid all expenses of administration, has mailed or delivered notice of the requirement to file claims, as prescribed in § 30-2-306(d) , to the creditors of the decedent who were known to or reasonably ascertainable by the personal representative, has for estates where the death occurred prior to January 1, 2016, filed with the court a final receipt from the department of revenue unless waived pursuant to § 67-8-409(g) , has distributed the estate according to the will and obtained and filed receipts for specific bequests as required by § 30-2-707 , or has distributed the estate according to the laws of intestate succession; and (B) That the distributees of the residue acknowledge that the estate has been properly distributed to them.
(A) That the personal representative has properly administered the estate, has paid or settled all claims that were lawfully presented, has paid all expenses of administration, has mailed or delivered notice of the requirement to file claims, as prescribed in § 30-2-306(d) , to the creditors of the decedent who were known to or reasonably ascertainable by the personal representative, has for estates where the death occurred prior to January 1, 2016, filed with the court a final receipt from the department of revenue unless waived pursuant to § 67-8-409(g) , has distributed the estate according to the will and obtained and filed receipts for specific bequests as required by § 30-2-707 , or has distributed the estate according to the laws of intestate succession; and
(B) That the distributees of the residue acknowledge that the estate has been properly distributed to them.
(2) If the personal representative has made diligent efforts, satisfactory to the court, to obtain an acknowledgement from any distributee, and one (1) or more have failed to comply, the personal representative may move the court for closure of the estate by giving notice of the pending settlement to the noncompliant distributee. Failure of the noncompliant distributee to appear or participate in the hearing shall result in a final order closing the estate.
(c) The filing of this statement, and without the requirement of notice of an accounting by the clerk, relieves the personal representative and all distributees of any requirement of law or rule to file a detailed statement, accounting or receipt of any property, money or other items received from the estate. This section does not apply unless all distributees of the residue of an estate file this statement in lieu of a more detailed accounting that may otherwise be required.
(d) In connection with any final settlement with the court, it is necessary for the receipt of any legatee or distributee to be executed under penalty of perjury or otherwise sworn before the clerk or a notary public, in a form developed by the administrative office of the courts. The form shall be posted on the website of the administrative office of the courts where it can be copied by the legatee or distributee or provided to the legatee or distributee by the court or the court clerk.
(e) In connection with any accounting, to support the financial information reported, the personal representative shall submit with the accounting the original of each cancelled check written on the estate account unless: (1) The personal representative is a bank to which § 45-2-1003(c) applies or a savings and loan association to which § 45-2-1003(c) would apply if the savings and loan association were a bank, in which case the personal representative shall comply with § 45-2-1003(c) ; or (2) The estate account is maintained in a financial institution, as defined in § 34-1-101 , that does not return the cancelled checks but provides a printed statement showing the date the check cleared, the payee and the amount, in which case the personal representative shall submit a printed statement from the financial institution.
(1) The personal representative is a bank to which § 45-2-1003(c) applies or a savings and loan association to which § 45-2-1003(c) would apply if the savings and loan association were a bank, in which case the personal representative shall comply with § 45-2-1003(c) ; or
(2) The estate account is maintained in a financial institution, as defined in § 34-1-101 , that does not return the cancelled checks but provides a printed statement showing the date the check cleared, the payee and the amount, in which case the personal representative shall submit a printed statement from the financial institution.
Amended by 2017 Tenn. Acts, ch. 280, Secs.s 2, s 3, s 4 eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 280, s 1, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 809, s 1, s 2, Sec.s 3 eff. 4/14/2016.
Code 1858, §§ 2295, 2296 (deriv. Acts 1837-1838, ch. 125, § 1); Shan., §§ 4031, 4032; Code 1932, §§ 8244, 8245; Acts 1972, ch. 464, §§ 1, 2; T.C.A. (orig. ed.), §§ 30-1101, 30-1102; Acts 1985, ch. 140, § 19; 1986, ch. 580, § 1; 1989, ch. 395, §§ 10-12; 1992, ch. 951, § 7; 1995, ch. 177, § 1; 1997 , ch. 426, § 11; 1998, ch. 762, § 1; 1999, ch. 491, § 12.
Tenn. Code Ann. § 30-1-204 — TN Code / Title 30 / Chapter 1 / Section 30-1-204
Liability on bond for performance of trusts
Status: in_force

(a) All executors and their sureties shall be liable upon their bonds for the performance of all the trusts of the will that they are required to perform, as also all duties devolving upon them as executors, as well in relation to the real as personal estate; and, in like manner, administrators with the will annexed, and their sureties, shall be liable upon their bonds for the performance of all the trusts and duties of their respective offices, as well in relation to real as personal estates; and the bonds, when taken substantially in the forms prescribed by law, shall bind the executors and administrators, and their sureties, as provided in this section. (b) If, however, the final account of an executor or administrator with the will annexed is settled before the full performance of all the trusts of the will, and trust funds of the estate, as shown by the settlement of the account, are turned over to a trustee duly qualified as provided for in the will, to complete the performance of the trusts, the executor or administrator with the will annexed and the sureties shall not be liable for the further performance of the trusts. Acts 1889, ch. 36; Shan., § 3959; mod. Code 1932, § 8172; Acts 1953, ch. 157, § 1; T.C.A. (orig. ed.), § 30-204.
(a) All executors and their sureties shall be liable upon their bonds for the performance of all the trusts of the will that they are required to perform, as also all duties devolving upon them as executors, as well in relation to the real as personal estate; and, in like manner, administrators with the will annexed, and their sureties, shall be liable upon their bonds for the performance of all the trusts and duties of their respective offices, as well in relation to real as personal estates; and the bonds, when taken substantially in the forms prescribed by law, shall bind the executors and administrators, and their sureties, as provided in this section.
(b) If, however, the final account of an executor or administrator with the will annexed is settled before the full performance of all the trusts of the will, and trust funds of the estate, as shown by the settlement of the account, are turned over to a trustee duly qualified as provided for in the will, to complete the performance of the trusts, the executor or administrator with the will annexed and the sureties shall not be liable for the further performance of the trusts.
Acts 1889, ch. 36; Shan., § 3959; mod. Code 1932, § 8172; Acts 1953, ch. 157, § 1; T.C.A. (orig. ed.), § 30-204.
Tenn. Code Ann. § 30-4-102 — TN Code / Title 30 / Chapter 4 / Section 30-4-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context clearly requires otherwise: (1) "Court" means the court then exercising probate jurisdiction in the county in which the decedent had legal residence on the date of death; (2) "Decedent" means a person who is deceased; (3) "Limited letters" means the limited letters of administration of a small estate and limited letters testamentary of a small estate, as appropriate; (4) "Limited letters of administration of a small estate" means limited letters of administration for the decedent's property that restrict the person to whom the limited letters of administration are issued to the property itemized and identified in the petition for the limited letters, which must be attached to and made a part of the limited letters; (5) "Limited letters testamentary of a small estate" means limited letters testamentary for the decedent's property that restrict the person to whom the limited letters testamentary are issued to the property itemized and identified in the petition for the limited letters which must be attached to and made a part of the limited letters; (6) "Person" means an individual, partnership, firm, business trust, corporation, or other legal entity, and includes both the singular and plural, and the masculine and feminine, as appropriate; (7) "Personal representative" means the person to whom limited letters of administration of a small estate or limited letters testamentary of a small estate are issued; (8) "Property" means only personal property, or any interest in personal property, owned by the decedent on the date of death that would be subject to probate, other than personal property held as tenants by the entirety or jointly with right of survivorship, or personal property payable to a beneficiary other than the decedent's estate; and (9) "Small estate" means the probate estate of a decedent in which the value of the probate property does not exceed fifty thousand dollars ($50,000). Amended by 2023 Tenn. Acts, ch. 297, s 1, eff. 4/28/2023. Amended by 2014 Tenn. Acts, ch. 829, Secs.s 1, s 8eff. 4/29/2014. Acts 1972, ch. 687, § 2; 1974, ch. 529, § 1; 1979, ch. 81, § 1; T.C.A., §30-2002; Acts 1997 , ch. 426, § 12.
As used in this chapter, unless the context clearly requires otherwise:
(1) "Court" means the court then exercising probate jurisdiction in the county in which the decedent had legal residence on the date of death;
(2) "Decedent" means a person who is deceased;
(3) "Limited letters" means the limited letters of administration of a small estate and limited letters testamentary of a small estate, as appropriate;
(4) "Limited letters of administration of a small estate" means limited letters of administration for the decedent's property that restrict the person to whom the limited letters of administration are issued to the property itemized and identified in the petition for the limited letters, which must be attached to and made a part of the limited letters;
(5) "Limited letters testamentary of a small estate" means limited letters testamentary for the decedent's property that restrict the person to whom the limited letters testamentary are issued to the property itemized and identified in the petition for the limited letters which must be attached to and made a part of the limited letters;
(6) "Person" means an individual, partnership, firm, business trust, corporation, or other legal entity, and includes both the singular and plural, and the masculine and feminine, as appropriate;
(7) "Personal representative" means the person to whom limited letters of administration of a small estate or limited letters testamentary of a small estate are issued;
(8) "Property" means only personal property, or any interest in personal property, owned by the decedent on the date of death that would be subject to probate, other than personal property held as tenants by the entirety or jointly with right of survivorship, or personal property payable to a beneficiary other than the decedent's estate; and
(9) "Small estate" means the probate estate of a decedent in which the value of the probate property does not exceed fifty thousand dollars ($50,000).
Amended by 2023 Tenn. Acts, ch. 297, s 1, eff. 4/28/2023.
Amended by 2014 Tenn. Acts, ch. 829, Secs.s 1, s 8eff. 4/29/2014.
Acts 1972, ch. 687, § 2; 1974, ch. 529, § 1; 1979, ch. 81, § 1; T.C.A., §30-2002; Acts 1997 , ch. 426, § 12.
Tenn. Code Ann. § 30-1-207 — TN Code / Title 30 / Chapter 1 / Section 30-1-207
Petition and order for administration bond - Appointment and duty of new administrator
Status: in_force

(a) A copy of such petition shall be served on the personal representative ten (10) days before any motion is made for an order of court upon the personal representative to give an administration bond. (b) Upon satisfactory proof of the truth of the complaint, the court shall direct the personal representative to enter into bond with sureties, as other personal representatives are required to do. (c) If the personal representative fails to comply with the order within ten (10) days after it is made, the court shall appoint an administrator for the estate, who shall give bond, with surety, as personal representatives are required to do. (d) The administrator shall dispose of the estate agreeably to the will of the deceased, and shall forthwith call the personal representative to account. Code 1858, §§ 2226-2229 (deriv. Acts 1813, ch. 120, § 4); Shan., §§ 3962-3965; Code 1932, §§ 8175-8178; T.C.A. (orig. ed.), §§ 30-207 -- 30-210; Acts 1985, ch. 140, § 7.
(a) A copy of such petition shall be served on the personal representative ten (10) days before any motion is made for an order of court upon the personal representative to give an administration bond.
(b) Upon satisfactory proof of the truth of the complaint, the court shall direct the personal representative to enter into bond with sureties, as other personal representatives are required to do.
(c) If the personal representative fails to comply with the order within ten (10) days after it is made, the court shall appoint an administrator for the estate, who shall give bond, with surety, as personal representatives are required to do.
(d) The administrator shall dispose of the estate agreeably to the will of the deceased, and shall forthwith call the personal representative to account.
Code 1858, §§ 2226-2229 (deriv. Acts 1813, ch. 120, § 4); Shan., §§ 3962-3965; Code 1932, §§ 8175-8178; T.C.A. (orig. ed.), §§ 30-207 -- 30-210; Acts 1985, ch. 140, § 7.
Tenn. Code Ann. § 30-2-417 — TN Code / Title 30 / Chapter 2 / Section 30-2-417
Restitution from assets afterwards discovered where real property subjected to payment of debts
Status: in_force

Where real property has been subjected to the payment of decedent's debts, and assets that should have been applied to the debts are afterwards discovered, or, for any reason, personal property of decedent, that should have been so applied afterwards comes to the hands of the personal representative, legatee or next of kin, the heir, devisee, or other person aggrieved, may maintain an action to procure reimbursement therefrom. Code 1932, § 8211; T.C.A. (orig. ed.), § 30-620.
Where real property has been subjected to the payment of decedent's debts, and assets that should have been applied to the debts are afterwards discovered, or, for any reason, personal property of decedent, that should have been so applied afterwards comes to the hands of the personal representative, legatee or next of kin, the heir, devisee, or other person aggrieved, may maintain an action to procure reimbursement therefrom.
Code 1932, § 8211; T.C.A. (orig. ed.), § 30-620.
Tenn. Code Ann. § 30-2-402 — TN Code / Title 30 / Chapter 2 / Section 30-2-402
Petition in court of administration for sale of realty - Procedure
Status: in_force

(a) If the personal property available appears to be insufficient to pay debts and expenses, the personal representative, or a creditor whose claim is duly filed, may, at any time, file a petition in the court in which the estate is being administered, for the sale of the decedent's land, or so much of the land as may be necessary, regardless of the county in which the land lies; provided, if all of the land to be sold lies outside of the county of administration, the sale shall be held in the county in which such land lies upon such notice as may be prescribed by the court and the clerk shall file for record in the office of the register of deeds in the county where the land lies a certified copy of the decree confirming the sale or deed thereto and charge the expenses of sale and cost of recording as a part of the costs of the cause. (b) (1) The surviving spouse, heirs, devisees, encumbrancers, and others interested in the realty, excepting creditors, shall be impleaded. (2) No preliminary formal suggestions of insolvency need be made, nor advertisement for creditors other than that already made under the requirements of § 30-2-306 . (3) Nothing in the proceeding nor in any decree made in the proceeding, shall change the manner or affect the time for filing claims as provided in § 30-2-307 . (4) Hearings may be upon oral testimony. (5) The court shall have the same powers as a court of chancery in like cases, and the mode of procedure, except as modified in this section, shall follow that prescribed for the conduct of such causes in chancery. (c) If, upon the hearing, the court is satisfied that the personal estate is insufficient as mentioned in subsection (a), and that the land ought to be sold, it may decree the sale of the land in whole or in part, subject to subsequent confirmation by the court. The court is also empowered, in a like proceeding, to ratify contracts of private sale and to authorize the consummation of the contracts by the personal representative. Every deed made pursuant to such orders of court, whether issued as the result of a public or a private sale, and every decree of court divesting and vesting title shall be effective to divest all the right, title and interest, legal and equitable, in the property sold, and vest the title and interest in the purchaser. (d) The heir or devisee whose land shall be sold has the privilege, either in this cause or by subsequent application, to compel all others holding or claiming under the decedent to contribute in proportion to their respective interests for the purpose of equalizing the burden of the loss. (e) Nothing in subsections (a)-(d) shall be construed as divesting the jurisdiction or powers now possessed by the chancery court in respect of the administration of insolvent estates of decedents. Acts 1939, ch. 175, § 8; 1943, ch. 24, § 1; C. Supp. 1950, § 8196.11 (Williams, § 8196.8); Acts 1957, ch. 395, § 1; T.C.A. (orig. ed.), § 30-602.
(a) If the personal property available appears to be insufficient to pay debts and expenses, the personal representative, or a creditor whose claim is duly filed, may, at any time, file a petition in the court in which the estate is being administered, for the sale of the decedent's land, or so much of the land as may be necessary, regardless of the county in which the land lies; provided, if all of the land to be sold lies outside of the county of administration, the sale shall be held in the county in which such land lies upon such notice as may be prescribed by the court and the clerk shall file for record in the office of the register of deeds in the county where the land lies a certified copy of the decree confirming the sale or deed thereto and charge the expenses of sale and cost of recording as a part of the costs of the cause.
(b) (1) The surviving spouse, heirs, devisees, encumbrancers, and others interested in the realty, excepting creditors, shall be impleaded. (2) No preliminary formal suggestions of insolvency need be made, nor advertisement for creditors other than that already made under the requirements of § 30-2-306 . (3) Nothing in the proceeding nor in any decree made in the proceeding, shall change the manner or affect the time for filing claims as provided in § 30-2-307 . (4) Hearings may be upon oral testimony. (5) The court shall have the same powers as a court of chancery in like cases, and the mode of procedure, except as modified in this section, shall follow that prescribed for the conduct of such causes in chancery.
(1) The surviving spouse, heirs, devisees, encumbrancers, and others interested in the realty, excepting creditors, shall be impleaded.
(2) No preliminary formal suggestions of insolvency need be made, nor advertisement for creditors other than that already made under the requirements of § 30-2-306 .
(3) Nothing in the proceeding nor in any decree made in the proceeding, shall change the manner or affect the time for filing claims as provided in § 30-2-307 .
(4) Hearings may be upon oral testimony.
(5) The court shall have the same powers as a court of chancery in like cases, and the mode of procedure, except as modified in this section, shall follow that prescribed for the conduct of such causes in chancery.
(c) If, upon the hearing, the court is satisfied that the personal estate is insufficient as mentioned in subsection (a), and that the land ought to be sold, it may decree the sale of the land in whole or in part, subject to subsequent confirmation by the court. The court is also empowered, in a like proceeding, to ratify contracts of private sale and to authorize the consummation of the contracts by the personal representative. Every deed made pursuant to such orders of court, whether issued as the result of a public or a private sale, and every decree of court divesting and vesting title shall be effective to divest all the right, title and interest, legal and equitable, in the property sold, and vest the title and interest in the purchaser.
(d) The heir or devisee whose land shall be sold has the privilege, either in this cause or by subsequent application, to compel all others holding or claiming under the decedent to contribute in proportion to their respective interests for the purpose of equalizing the burden of the loss.
(e) Nothing in subsections (a)-(d) shall be construed as divesting the jurisdiction or powers now possessed by the chancery court in respect of the administration of insolvent estates of decedents.
Acts 1939, ch. 175, § 8; 1943, ch. 24, § 1; C. Supp. 1950, § 8196.11 (Williams, § 8196.8); Acts 1957, ch. 395, § 1; T.C.A. (orig. ed.), § 30-602.
Tenn. Code Ann. § 30-1-402 — TN Code / Title 30 / Chapter 1 / Section 30-1-402
Applicable laws, rules, duties and penalties
Status: in_force

An administrator, guardian, trustee, or receiver is, in all things, governed by, and subject to, all the laws, rules, duties, and penalties, prescribed by law for the government of other administrators, guardians, and receivers, and the management and settlement of estates and trusts. Amended by 2022 Tenn. Acts, ch. 912, s 4, eff. 7/1/2022. Acts 1870, ch. 98, § 2; Shan., § 584; Code 1932, § 838; T.C.A. (orig. ed.), § 30-1502; Acts 1987, ch. 322, § 2.
An administrator, guardian, trustee, or receiver is, in all things, governed by, and subject to, all the laws, rules, duties, and penalties, prescribed by law for the government of other administrators, guardians, and receivers, and the management and settlement of estates and trusts.
Amended by 2022 Tenn. Acts, ch. 912, s 4, eff. 7/1/2022.
Acts 1870, ch. 98, § 2; Shan., § 584; Code 1932, § 838; T.C.A. (orig. ed.), § 30-1502; Acts 1987, ch. 322, § 2.
Tenn. Code Ann. § 30-2-101 — TN Code / Title 30 / Chapter 2 / Section 30-2-101
Right of surviving spouse and minor children to specific property
Status: in_force

(a) (1) The surviving spouse of an intestate decedent, or a spouse who elects against a decedent's will, is entitled to receive from the decedent's estate the following exempt property having a fair-market value (in excess of any indebtedness and other amounts secured by any security interests in the property) that does not exceed fifty thousand dollars ($50,000): (A) Tangible personal property normally located in, or used in or about, the principal residence of the decedent and not used primarily in a trade or business or for investment purposes, and (B) A motor vehicle or vehicles not used primarily in a trade or business. (2) If there is no surviving spouse, the decedent's unmarried minor children are entitled as tenants in common only to exempt property as described in subdivision (a)(1)(A). Rights to this exempt property are in addition to any benefit or share passing to the surviving spouse or unmarried minor children by intestate succession, elective share, homestead or year's support allowance. (b) Where a deceased dies intestate, leaving a surviving spouse, until letters of administration are granted, the surviving spouse may take into possession and make use of any crop then growing and of the provisions on hand as may be necessary for the support of the surviving spouse and family; the surviving spouse may also use the stock, implements and plantation utensils for the purpose of completing, securing and selling the crop. (c) The surviving spouse or other custodian of unmarried minor children shall apply for the property named in this section before it is distributed or sold, but the property so delivered shall in no case be liable for the payment of claims against the estate. If the surviving spouse or unmarried minor children do not receive the property allowed under this section and the property is sold by executor or administrator, the court shall order the money to be paid to the surviving spouse or unmarried minor children at any time before the money is paid out for claims or distributed. (d) Any action to set aside the property designated in this section shall be brought within the limits set by § 31-4-102 . Acts 1967, ch. 146, § 1; 1969, ch. 135, §§ 1, 2; T.C.A., §§ 30-801, 30-802; Acts 1985, ch. 140, § 9; 1997, ch. 426, § 3; 1999, ch. 491, § 1.
(a) (1) The surviving spouse of an intestate decedent, or a spouse who elects against a decedent's will, is entitled to receive from the decedent's estate the following exempt property having a fair-market value (in excess of any indebtedness and other amounts secured by any security interests in the property) that does not exceed fifty thousand dollars ($50,000): (A) Tangible personal property normally located in, or used in or about, the principal residence of the decedent and not used primarily in a trade or business or for investment purposes, and (B) A motor vehicle or vehicles not used primarily in a trade or business. (2) If there is no surviving spouse, the decedent's unmarried minor children are entitled as tenants in common only to exempt property as described in subdivision (a)(1)(A). Rights to this exempt property are in addition to any benefit or share passing to the surviving spouse or unmarried minor children by intestate succession, elective share, homestead or year's support allowance.
(1) The surviving spouse of an intestate decedent, or a spouse who elects against a decedent's will, is entitled to receive from the decedent's estate the following exempt property having a fair-market value (in excess of any indebtedness and other amounts secured by any security interests in the property) that does not exceed fifty thousand dollars ($50,000): (A) Tangible personal property normally located in, or used in or about, the principal residence of the decedent and not used primarily in a trade or business or for investment purposes, and (B) A motor vehicle or vehicles not used primarily in a trade or business.
(A) Tangible personal property normally located in, or used in or about, the principal residence of the decedent and not used primarily in a trade or business or for investment purposes, and
(B) A motor vehicle or vehicles not used primarily in a trade or business.
(2) If there is no surviving spouse, the decedent's unmarried minor children are entitled as tenants in common only to exempt property as described in subdivision (a)(1)(A). Rights to this exempt property are in addition to any benefit or share passing to the surviving spouse or unmarried minor children by intestate succession, elective share, homestead or year's support allowance.
(b) Where a deceased dies intestate, leaving a surviving spouse, until letters of administration are granted, the surviving spouse may take into possession and make use of any crop then growing and of the provisions on hand as may be necessary for the support of the surviving spouse and family; the surviving spouse may also use the stock, implements and plantation utensils for the purpose of completing, securing and selling the crop.
(c) The surviving spouse or other custodian of unmarried minor children shall apply for the property named in this section before it is distributed or sold, but the property so delivered shall in no case be liable for the payment of claims against the estate. If the surviving spouse or unmarried minor children do not receive the property allowed under this section and the property is sold by executor or administrator, the court shall order the money to be paid to the surviving spouse or unmarried minor children at any time before the money is paid out for claims or distributed.
(d) Any action to set aside the property designated in this section shall be brought within the limits set by § 31-4-102 .
Acts 1967, ch. 146, § 1; 1969, ch. 135, §§ 1, 2; T.C.A., §§ 30-801, 30-802; Acts 1985, ch. 140, § 9; 1997, ch. 426, § 3; 1999, ch. 491, § 1.
Tenn. Code Ann. § 30-2-314 — TN Code / Title 30 / Chapter 2 / Section 30-2-314
Exceptions to claim - Trial by circuit court where jury demanded - Concurrent jurisdiction
Status: in_force

(a) (1) Until thirty (30) days after the expiration of four (4) months from the date of the notice to creditors given as provided in § 30-2-306(b) , the personal representative, or any party interested in the estate either as creditor, distributee, heir or otherwise, may except to the claim by filing written exceptions in triplicate with the clerk of the court in which the estate is being administered. (2) However, if the filing of the claim as permitted by § 30-2-307(a) occurs after the date that is four (4) months from the date of the notice to creditors, the personal representative, or any party interested in the estate either as creditor, distributee, heir or otherwise, may except to any claim by filing written exceptions in triplicate with the clerk of the court in which the estate is being administered; provided, that the exception is filed no later than thirty (30) days from the date the personal representative receives notice from the clerk of the filing of the claim. (3) Each exception shall include a reasonably detailed explanation of the ground or grounds upon which the person making such exception intends to rely. (4) Within five (5) days after the filing of exceptions to a claim the clerk shall notify the claimant of the exceptions by mailing the claimant a copy of the exceptions. (5) If the creditor timely files an amendment as permitted by § 30-2-307(e) , the personal representative shall file any exception to the amended claim not later than thirty (30) days from the later of: (A) The date the amendment is filed with the clerk; or (B) The expiration of the exception period. (b) (1) If the claim or the exception filed contains a demand for a trial by jury, or there is a demand as provided in § 30-2-313 , the probate court clerk shall certify the claim and the exception to the circuit court for trial by jury upon the issues made by the claim and exception. The claim or exception may be amended in the circuit court, but not so as to avoid the period of limitation upon claims contained in § 30-2-310 . (2) Should no exception be taken to a claim in which a jury trial has been demanded, the claim shall not be certified to the circuit court. (c) Within five (5) days after an issue triable by a jury has been made, the probate court clerk shall certify all of the papers the clerk has on file relating to that claim to the circuit court, and shall, at the same time, give written notice of the clerk's action to the claimant, the excepting party and the personal representative, and shall thereafter file with the circuit court a statement to this effect, which shall be prima facie evidence that the parties have been notified. (d) (1) The matter shall be triable at the first term of the circuit court convening five (5) days or more after the certified record has been filed in the circuit court. (2) On motion of the personal representative or the excepting party, the claimant may be required by the circuit court to make a cost bond, or, in lieu of a bond, take the oath prescribed for poor persons. (3) After the matter has been certified to the circuit court for trial, it shall be proceeded within that court as in any other law case. (4) The jury demanded may be waived by the parties and the case tried in the circuit court and on appeal as one in which no jury had been demanded. (e) If the probate court is a court of record, the probate court shall have concurrent jurisdiction with the circuit court to conduct trials of the claim or the exception, all in the same manner and to the same extent as prescribed in this section for circuit courts, except that no certification of the claim or exception shall be required in the absence of any referral to another court. Acts 1939, ch. 175, § 3; 1947, ch. 137, § 1; 1947, ch. 213, § 2; C. Supp. 1950, § 8196.3; Acts 1971, ch. 229, § 4; T.C.A. (orig. ed.), § 30-517; Acts 1985, ch. 140, § 16; 1989, ch. 395, § 7; 1991, ch. 415, § 5; 1992, ch. 951, § 6; 1997, ch. 426, § 6; 2005, ch. 99, § 3; 2005, ch. 429, § 6.
(a) (1) Until thirty (30) days after the expiration of four (4) months from the date of the notice to creditors given as provided in § 30-2-306(b) , the personal representative, or any party interested in the estate either as creditor, distributee, heir or otherwise, may except to the claim by filing written exceptions in triplicate with the clerk of the court in which the estate is being administered. (2) However, if the filing of the claim as permitted by § 30-2-307(a) occurs after the date that is four (4) months from the date of the notice to creditors, the personal representative, or any party interested in the estate either as creditor, distributee, heir or otherwise, may except to any claim by filing written exceptions in triplicate with the clerk of the court in which the estate is being administered; provided, that the exception is filed no later than thirty (30) days from the date the personal representative receives notice from the clerk of the filing of the claim. (3) Each exception shall include a reasonably detailed explanation of the ground or grounds upon which the person making such exception intends to rely. (4) Within five (5) days after the filing of exceptions to a claim the clerk shall notify the claimant of the exceptions by mailing the claimant a copy of the exceptions. (5) If the creditor timely files an amendment as permitted by § 30-2-307(e) , the personal representative shall file any exception to the amended claim not later than thirty (30) days from the later of: (A) The date the amendment is filed with the clerk; or (B) The expiration of the exception period.
(1) Until thirty (30) days after the expiration of four (4) months from the date of the notice to creditors given as provided in § 30-2-306(b) , the personal representative, or any party interested in the estate either as creditor, distributee, heir or otherwise, may except to the claim by filing written exceptions in triplicate with the clerk of the court in which the estate is being administered.
(2) However, if the filing of the claim as permitted by § 30-2-307(a) occurs after the date that is four (4) months from the date of the notice to creditors, the personal representative, or any party interested in the estate either as creditor, distributee, heir or otherwise, may except to any claim by filing written exceptions in triplicate with the clerk of the court in which the estate is being administered; provided, that the exception is filed no later than thirty (30) days from the date the personal representative receives notice from the clerk of the filing of the claim.
(3) Each exception shall include a reasonably detailed explanation of the ground or grounds upon which the person making such exception intends to rely.
(4) Within five (5) days after the filing of exceptions to a claim the clerk shall notify the claimant of the exceptions by mailing the claimant a copy of the exceptions.
(5) If the creditor timely files an amendment as permitted by § 30-2-307(e) , the personal representative shall file any exception to the amended claim not later than thirty (30) days from the later of: (A) The date the amendment is filed with the clerk; or (B) The expiration of the exception period.
(A) The date the amendment is filed with the clerk; or
(B) The expiration of the exception period.
(b) (1) If the claim or the exception filed contains a demand for a trial by jury, or there is a demand as provided in § 30-2-313 , the probate court clerk shall certify the claim and the exception to the circuit court for trial by jury upon the issues made by the claim and exception. The claim or exception may be amended in the circuit court, but not so as to avoid the period of limitation upon claims contained in § 30-2-310 . (2) Should no exception be taken to a claim in which a jury trial has been demanded, the claim shall not be certified to the circuit court.
(1) If the claim or the exception filed contains a demand for a trial by jury, or there is a demand as provided in § 30-2-313 , the probate court clerk shall certify the claim and the exception to the circuit court for trial by jury upon the issues made by the claim and exception. The claim or exception may be amended in the circuit court, but not so as to avoid the period of limitation upon claims contained in § 30-2-310 .
(2) Should no exception be taken to a claim in which a jury trial has been demanded, the claim shall not be certified to the circuit court.
(c) Within five (5) days after an issue triable by a jury has been made, the probate court clerk shall certify all of the papers the clerk has on file relating to that claim to the circuit court, and shall, at the same time, give written notice of the clerk's action to the claimant, the excepting party and the personal representative, and shall thereafter file with the circuit court a statement to this effect, which shall be prima facie evidence that the parties have been notified.
(d) (1) The matter shall be triable at the first term of the circuit court convening five (5) days or more after the certified record has been filed in the circuit court. (2) On motion of the personal representative or the excepting party, the claimant may be required by the circuit court to make a cost bond, or, in lieu of a bond, take the oath prescribed for poor persons. (3) After the matter has been certified to the circuit court for trial, it shall be proceeded within that court as in any other law case. (4) The jury demanded may be waived by the parties and the case tried in the circuit court and on appeal as one in which no jury had been demanded.
(1) The matter shall be triable at the first term of the circuit court convening five (5) days or more after the certified record has been filed in the circuit court.
(2) On motion of the personal representative or the excepting party, the claimant may be required by the circuit court to make a cost bond, or, in lieu of a bond, take the oath prescribed for poor persons.
(3) After the matter has been certified to the circuit court for trial, it shall be proceeded within that court as in any other law case.
(4) The jury demanded may be waived by the parties and the case tried in the circuit court and on appeal as one in which no jury had been demanded.
(e) If the probate court is a court of record, the probate court shall have concurrent jurisdiction with the circuit court to conduct trials of the claim or the exception, all in the same manner and to the same extent as prescribed in this section for circuit courts, except that no certification of the claim or exception shall be required in the absence of any referral to another court.
Acts 1939, ch. 175, § 3; 1947, ch. 137, § 1; 1947, ch. 213, § 2; C. Supp. 1950, § 8196.3; Acts 1971, ch. 229, § 4; T.C.A. (orig. ed.), § 30-517; Acts 1985, ch. 140, § 16; 1989, ch. 395, § 7; 1991, ch. 415, § 5; 1992, ch. 951, § 6; 1997, ch. 426, § 6; 2005, ch. 99, § 3; 2005, ch. 429, § 6.
Tenn. Code Ann. § 30-2-102 — TN Code / Title 30 / Chapter 2 / Section 30-2-102
Year's support allowance
Status: in_force

(a) In addition to the right to homestead, an elective share under title 31, chapter 4, and exempt property, the surviving spouse of an intestate, or a surviving spouse who elects to take against a decedent's will, is entitled to a reasonable allowance in money out of the estate for such surviving spouse's maintenance during the period of one (1) year after the death of the spouse, according to the surviving spouse's previous standard of living, taking into account the condition of the estate of the deceased spouse. The court may consider the totality of the circumstances in fixing the allowance authorized by this section, including assets that may have passed to the spouse outside probate. (b) The allowance so ordered shall be made payable to the surviving spouse, unless the court finds that it would be just and equitable to make a division of it between the unmarried minor children. If there is no surviving spouse, the allowance shall be made to the unmarried minor children. (c) The court may authorize the surviving spouse to receive any personal property of the estate in lieu of all or part of the money allowance authorized by this section, and in any case where the court makes an allowance in money, the surviving spouse shall be entitled to select and receive any personal property of the estate, of a value not exceeding the allowance in money, which shall be in lieu of and which value shall be credited against the allowance. (d) The allowance authorized by this law is the absolute property of the surviving spouse for these uses and shall be exempt from all claims and shall not be taken into the account of the administration of the estate of the intestate or seized upon any precept or execution. (e) In determining the amount to be allowed as a year's support, the court may, in its discretion, appoint freeholders to set aside that year's support, as previously required by law. (f) If the allowance set by the court as provided in this section is not satisfactory to the surviving spouse electing against the decedent's will, the surviving spouse of an intestate decedent, the unmarried minor children of an intestate decedent or the personal representative, then appeal may be made to the appropriate court in accordance with § 30-2-609 . Proceedings on appeal shall be de novo without the intervention of a jury except when demand for a jury is made in accordance with Tennessee Rules of Civil Procedure, Rule 38; provided, that in jurisdictions where probate matters originate in a court whose judge is also a chancellor, the appeal shall be made as otherwise provided by law; and provided further, that in cases heard in a probate court whose judge is required to have the same qualifications as prescribed for circuit judges, the appeal shall also be made as otherwise provided by law. (g) Any action to set aside the property designated in this section shall be brought within the time limits set by § 31-4-102 . Acts 1967, ch. 146, § 1; 1969, ch. 135, § 3; impl. am. Acts 1976, ch. 529, § 1; T.C.A., § 30-803; Acts 1985, ch. 140, § 10; 1993, ch. 449, § 3; 1999, ch. 491, § 2.
(a) In addition to the right to homestead, an elective share under title 31, chapter 4, and exempt property, the surviving spouse of an intestate, or a surviving spouse who elects to take against a decedent's will, is entitled to a reasonable allowance in money out of the estate for such surviving spouse's maintenance during the period of one (1) year after the death of the spouse, according to the surviving spouse's previous standard of living, taking into account the condition of the estate of the deceased spouse. The court may consider the totality of the circumstances in fixing the allowance authorized by this section, including assets that may have passed to the spouse outside probate.
(b) The allowance so ordered shall be made payable to the surviving spouse, unless the court finds that it would be just and equitable to make a division of it between the unmarried minor children. If there is no surviving spouse, the allowance shall be made to the unmarried minor children.
(c) The court may authorize the surviving spouse to receive any personal property of the estate in lieu of all or part of the money allowance authorized by this section, and in any case where the court makes an allowance in money, the surviving spouse shall be entitled to select and receive any personal property of the estate, of a value not exceeding the allowance in money, which shall be in lieu of and which value shall be credited against the allowance.
(d) The allowance authorized by this law is the absolute property of the surviving spouse for these uses and shall be exempt from all claims and shall not be taken into the account of the administration of the estate of the intestate or seized upon any precept or execution.
(e) In determining the amount to be allowed as a year's support, the court may, in its discretion, appoint freeholders to set aside that year's support, as previously required by law.
(f) If the allowance set by the court as provided in this section is not satisfactory to the surviving spouse electing against the decedent's will, the surviving spouse of an intestate decedent, the unmarried minor children of an intestate decedent or the personal representative, then appeal may be made to the appropriate court in accordance with § 30-2-609 . Proceedings on appeal shall be de novo without the intervention of a jury except when demand for a jury is made in accordance with Tennessee Rules of Civil Procedure, Rule 38; provided, that in jurisdictions where probate matters originate in a court whose judge is also a chancellor, the appeal shall be made as otherwise provided by law; and provided further, that in cases heard in a probate court whose judge is required to have the same qualifications as prescribed for circuit judges, the appeal shall also be made as otherwise provided by law.
(g) Any action to set aside the property designated in this section shall be brought within the time limits set by § 31-4-102 .
Acts 1967, ch. 146, § 1; 1969, ch. 135, § 3; impl. am. Acts 1976, ch. 529, § 1; T.C.A., § 30-803; Acts 1985, ch. 140, § 10; 1993, ch. 449, § 3; 1999, ch. 491, § 2.
Tenn. Code Ann. § 30-1-118 — TN Code / Title 30 / Chapter 1 / Section 30-1-118
Title definitions
Status: in_force

The definitions in § 31-1-101 are applicable to this title, unless a different meaning is indicated in a section or is otherwise clearly intended. Acts 1988, ch. 854, § 5; T.C.A. § 30-1-150 .
The definitions in § 31-1-101 are applicable to this title, unless a different meaning is indicated in a section or is otherwise clearly intended.
Acts 1988, ch. 854, § 5; T.C.A. § 30-1-150 .
Tenn. Code Ann. § 30-1-401 — TN Code / Title 30 / Chapter 1 / Section 30-1-401
Appointment - Term - Oath - Bond
Status: in_force

The county legislative body has the power to appoint or elect a public administrator, public guardian, public trustee, and public receiver, who shall hold office for four (4) years, and who, before entering upon their duties of the office, shall take the oath by law prescribed for administrators, guardians, trustees, and receivers, and shall give bond, with good and approved sureties, in such amount as may be necessary and amply sufficient, in the discretion of the county legislative body, to protect the estates, funds, and property that may come into their hands, which bond as to amount may be increased, from time to time, by the county legislative body. Amended by 2022 Tenn. Acts, ch. 912, s 3, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 912, s 2, eff. 7/1/2022. Acts 1870, ch. 98, § 1; Shan., § 583; mod. Code 1932, § 837; T.C.A. (orig. ed.), § 30-1501; Acts 1987, ch. 322, § 1.
The county legislative body has the power to appoint or elect a public administrator, public guardian, public trustee, and public receiver, who shall hold office for four (4) years, and who, before entering upon their duties of the office, shall take the oath by law prescribed for administrators, guardians, trustees, and receivers, and shall give bond, with good and approved sureties, in such amount as may be necessary and amply sufficient, in the discretion of the county legislative body, to protect the estates, funds, and property that may come into their hands, which bond as to amount may be increased, from time to time, by the county legislative body.
Amended by 2022 Tenn. Acts, ch. 912, s 3, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 912, s 2, eff. 7/1/2022.
Acts 1870, ch. 98, § 1; Shan., § 583; mod. Code 1932, § 837; T.C.A. (orig. ed.), § 30-1501; Acts 1987, ch. 322, § 1.
Tenn. Code Ann. § 30-2-615 — TN Code / Title 30 / Chapter 2 / Section 30-2-615
Settlement agreements - Estate administration
Status: in_force

(a) The personal representative and all persons whose consent is required to reach a binding settlement to be approved by the court may enter into a binding nonjudicial settlement agreement regarding any matter involving estate administration. (b) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose or intention of the testator and includes terms and conditions that could be properly approved by the court under this section or other applicable law. (c) Matters that may be resolved by a nonjudicial settlement agreement include: (1) The interpretation or construction of the terms of the will; (2) Liability of a personal representative for an action relating to the administration of the estate; (3) The approval of an investment decision, delegation, policy, plan, or program occurring during estate administration; (4) Appointment of a trustee of a trust established by the will in the event of a vacancy in the office of the designated trustee; (5) Change of principal place of administration of a trust established by the will; (6) Change of governing law of a trust established by the will; (7) Approval of attorney and personal representative fees; and (8) Directing the decedent's real property to be administered as part of the estate that is subject to the control of the personal representative. (d) A nonjudicial settlement agreement entered into pursuant to this section is final and binding on all parties to the agreement, including individuals validly represented as provided by title 35, chapter 15, part 3. (e) Any party to the nonjudicial settlement agreement may request the court to: (1) Approve a nonjudicial settlement agreement; (2) Determine whether the representation as provided in subsection (d) was adequate; (3) Determine whether the agreement violates a material purpose or intention of the testator; or (4) Determine whether the agreement contains terms and conditions the court could have properly approved. (f) Entering into or petitioning a court regarding a nonjudicial settlement agreement under this section does not constitute a violation of an in terrorem provision. (g) A nonjudicial settlement agreement must not be utilized in a manner that would cause the disqualification or loss of the federal estate tax marital deduction under § 2056(a) or § 2523(a) of the Internal Revenue Code ( 26 U.S.C. § 2506(a) or § 2523(a) ), charitable deduction under § 170(a), § 642(c), § 2055(a), or § 2522(a) of the Internal Revenue Code ( 26 U.S.C. § 170(a) , 642(c) , § 2055(a) , or § 2522(a) ), or any specific tax benefit under the Internal Revenue Code that would otherwise be lost under this section. Added by 2023 Tenn. Acts, ch. 166, s 4, eff. 4/17/2023.
(a) The personal representative and all persons whose consent is required to reach a binding settlement to be approved by the court may enter into a binding nonjudicial settlement agreement regarding any matter involving estate administration.
(b) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose or intention of the testator and includes terms and conditions that could be properly approved by the court under this section or other applicable law.
(c) Matters that may be resolved by a nonjudicial settlement agreement include: (1) The interpretation or construction of the terms of the will; (2) Liability of a personal representative for an action relating to the administration of the estate; (3) The approval of an investment decision, delegation, policy, plan, or program occurring during estate administration; (4) Appointment of a trustee of a trust established by the will in the event of a vacancy in the office of the designated trustee; (5) Change of principal place of administration of a trust established by the will; (6) Change of governing law of a trust established by the will; (7) Approval of attorney and personal representative fees; and (8) Directing the decedent's real property to be administered as part of the estate that is subject to the control of the personal representative.
(1) The interpretation or construction of the terms of the will;
(2) Liability of a personal representative for an action relating to the administration of the estate;
(3) The approval of an investment decision, delegation, policy, plan, or program occurring during estate administration;
(4) Appointment of a trustee of a trust established by the will in the event of a vacancy in the office of the designated trustee;
(5) Change of principal place of administration of a trust established by the will;
(6) Change of governing law of a trust established by the will;
(7) Approval of attorney and personal representative fees; and
(8) Directing the decedent's real property to be administered as part of the estate that is subject to the control of the personal representative.
(d) A nonjudicial settlement agreement entered into pursuant to this section is final and binding on all parties to the agreement, including individuals validly represented as provided by title 35, chapter 15, part 3.
(e) Any party to the nonjudicial settlement agreement may request the court to: (1) Approve a nonjudicial settlement agreement; (2) Determine whether the representation as provided in subsection (d) was adequate; (3) Determine whether the agreement violates a material purpose or intention of the testator; or (4) Determine whether the agreement contains terms and conditions the court could have properly approved.
(1) Approve a nonjudicial settlement agreement;
(2) Determine whether the representation as provided in subsection (d) was adequate;
(3) Determine whether the agreement violates a material purpose or intention of the testator; or
(4) Determine whether the agreement contains terms and conditions the court could have properly approved.
(f) Entering into or petitioning a court regarding a nonjudicial settlement agreement under this section does not constitute a violation of an in terrorem provision.
(g) A nonjudicial settlement agreement must not be utilized in a manner that would cause the disqualification or loss of the federal estate tax marital deduction under § 2056(a) or § 2523(a) of the Internal Revenue Code ( 26 U.S.C. § 2506(a) or § 2523(a) ), charitable deduction under § 170(a), § 642(c), § 2055(a), or § 2522(a) of the Internal Revenue Code ( 26 U.S.C. § 170(a) , 642(c) , § 2055(a) , or § 2522(a) ), or any specific tax benefit under the Internal Revenue Code that would otherwise be lost under this section.
Added by 2023 Tenn. Acts, ch. 166, s 4, eff. 4/17/2023.
Tenn. Code Ann. § 30-3-205 — TN Code / Title 30 / Chapter 3 / Section 30-3-205
Petition for appointment
Status: in_force

(a) The jurisdiction of the court shall be invoked by the filing of a petition by any person who would have an interest in the property or estate of the absentee were the absentee deceased, or any person who is dependent on the absentee for maintenance or support. (b) The petition shall be sworn to by the petitioner and shall state: (1) The names, addresses, and age of the spouse, children, mother, father, brothers, and sisters, or if none of these are living, the next of kin, of the absentee; (2) The name, address, and age of any other person who would have an interest in the property or the estate of the absentee if the absentee were deceased; (3) The exact circumstances that cause the person missing to be an absentee under § 30-3-201 , including the date the absentee was first known missing, interned, beleaguered, etc.; (4) The necessity for establishing a conservatorship; (5) Whether or not the person alleged to be an absentee has a will and the whereabouts of the will; and (6) A statement of all property constituting an asset of the alleged absentee's estate or in which the absentee has any interest and the approximate value of that property. Acts 1972, ch. 785, § 5; T.C.A., § 30-1905.
(a) The jurisdiction of the court shall be invoked by the filing of a petition by any person who would have an interest in the property or estate of the absentee were the absentee deceased, or any person who is dependent on the absentee for maintenance or support.
(b) The petition shall be sworn to by the petitioner and shall state: (1) The names, addresses, and age of the spouse, children, mother, father, brothers, and sisters, or if none of these are living, the next of kin, of the absentee; (2) The name, address, and age of any other person who would have an interest in the property or the estate of the absentee if the absentee were deceased; (3) The exact circumstances that cause the person missing to be an absentee under § 30-3-201 , including the date the absentee was first known missing, interned, beleaguered, etc.; (4) The necessity for establishing a conservatorship; (5) Whether or not the person alleged to be an absentee has a will and the whereabouts of the will; and (6) A statement of all property constituting an asset of the alleged absentee's estate or in which the absentee has any interest and the approximate value of that property.
(1) The names, addresses, and age of the spouse, children, mother, father, brothers, and sisters, or if none of these are living, the next of kin, of the absentee;
(2) The name, address, and age of any other person who would have an interest in the property or the estate of the absentee if the absentee were deceased;
(3) The exact circumstances that cause the person missing to be an absentee under § 30-3-201 , including the date the absentee was first known missing, interned, beleaguered, etc.;
(4) The necessity for establishing a conservatorship;
(5) Whether or not the person alleged to be an absentee has a will and the whereabouts of the will; and
(6) A statement of all property constituting an asset of the alleged absentee's estate or in which the absentee has any interest and the approximate value of that property.
Acts 1972, ch. 785, § 5; T.C.A., § 30-1905.
Tenn. Code Ann. § 30-2-319 — TN Code / Title 30 / Chapter 2 / Section 30-2-319
Time for payment of claims
Status: in_force

All uncontested claims and all contested claims that have been finally adjudged and allowed shall be paid by the personal representative as soon as practicable (not in any event to exceed ninety (90) days) after the expiration of the date on which the personal representative could file an exception to the claim pursuant to § 30-2-314(a) , if, after having segregated sufficient assets to meet the contingent liabilities referred to in § 30-2-317 , adequate assets are in the personal representative's hands for this purpose, payment being made according to the classification of the claims. Acts 1939, ch. 175, § 4; 1941, ch. 62, § 1; 1947, ch. 137, § 4; C. Supp. 1950, § 8196.5 (Williams, § 8196.4); Acts 1971, ch. 229, § 6; T.C.A. (orig. ed.), § 30-523; Acts 1997, ch. 426, § 8; 2012, ch. 886, § 7.
All uncontested claims and all contested claims that have been finally adjudged and allowed shall be paid by the personal representative as soon as practicable (not in any event to exceed ninety (90) days) after the expiration of the date on which the personal representative could file an exception to the claim pursuant to § 30-2-314(a) , if, after having segregated sufficient assets to meet the contingent liabilities referred to in § 30-2-317 , adequate assets are in the personal representative's hands for this purpose, payment being made according to the classification of the claims.
Acts 1939, ch. 175, § 4; 1941, ch. 62, § 1; 1947, ch. 137, § 4; C. Supp. 1950, § 8196.5 (Williams, § 8196.4); Acts 1971, ch. 229, § 6; T.C.A. (orig. ed.), § 30-523; Acts 1997, ch. 426, § 8; 2012, ch. 886, § 7.
Tenn. Code Ann. § 30-3-208 — TN Code / Title 30 / Chapter 3 / Section 30-3-208
Duties
Status: in_force

The conservator shall have all the rights, powers, and duties of a guardian of the property as established in title 34, chapters 1 and 2, and an absentee and an absentee's dependents shall be entitled to all benefits accruing to a ward or a ward's dependents under those chapters. The court shall have the same responsibility as to a conservatorship as with respect to the guardianship of the property under those chapters. Acts 1972, ch. 785, § 9; T.C.A., § 30-1909.
The conservator shall have all the rights, powers, and duties of a guardian of the property as established in title 34, chapters 1 and 2, and an absentee and an absentee's dependents shall be entitled to all benefits accruing to a ward or a ward's dependents under those chapters. The court shall have the same responsibility as to a conservatorship as with respect to the guardianship of the property under those chapters.
Acts 1972, ch. 785, § 9; T.C.A., § 30-1909.
Tenn. Code Ann. § 30-2-324 — TN Code / Title 30 / Chapter 2 / Section 30-2-324
Dismissing probate case without prejudice after notice
Status: in_force

(a) After notice has been sent to the last known address of the personal representative of the estate, the attorney for the estate and any beneficiaries of the estate, the court may enter an order, without liability to the clerk of the county of administration, dismissing, without prejudice, a probate case if: (1) No order of disposition has been entered; (2) The case has been open for a period of time in which disposition could have occurred, but in no event less than eighteen (18) months from the order opening the estate; and (3) The administration of the estate remains incomplete. (b) A dismissal pursuant to this section shall only operate to close the administration and not invalidate any previous order of the court in the proceeding. Acts 2011, ch. 417, § 2.
(a) After notice has been sent to the last known address of the personal representative of the estate, the attorney for the estate and any beneficiaries of the estate, the court may enter an order, without liability to the clerk of the county of administration, dismissing, without prejudice, a probate case if: (1) No order of disposition has been entered; (2) The case has been open for a period of time in which disposition could have occurred, but in no event less than eighteen (18) months from the order opening the estate; and (3) The administration of the estate remains incomplete.
(1) No order of disposition has been entered;
(2) The case has been open for a period of time in which disposition could have occurred, but in no event less than eighteen (18) months from the order opening the estate; and
(3) The administration of the estate remains incomplete.
(b) A dismissal pursuant to this section shall only operate to close the administration and not invalidate any previous order of the court in the proceeding.
Acts 2011, ch. 417, § 2.
Tenn. Code Ann. § 30-2-712 — TN Code / Title 30 / Chapter 2 / Section 30-2-712
Affidavit of heirship
Status: in_force

(a) Affidavits duly sworn to upon the personal knowledge of the affiant before an officer entitled to administer oaths in the jurisdiction where the affidavit is made, setting forth any fact or facts concerning the relationship of any parties to persons deceased, or containing a statement of any facts pertinent to be ascertained in determining the persons legally entitled to any part of the estate of the decedent at the time of the decedent's death, shall be accepted for registration, upon presentation, by the registers of deeds in the several counties of the state upon the payment to the register of the usual fees for the recording of instruments entitled under the laws to be recorded. (b) The register to whom any such affidavit may be presented for registration shall record the same either in special books kept for this purpose or in the books where deeds are recorded, and in indexing the affidavits the register shall note the instruments as "affidavits of heirship," indexing the name of the decedent as vendor and the names of those listed as heirs as vendees. (c) Any such affidavit duly sworn to and recorded, or a certified copy of the affidavit if the original is shown to be lost, shall be received as evidence in any court in the state in the county in which the affidavit is recorded as prima facie evidence of the facts stated in the affidavit; provided, however, that no such affidavit shall be used as evidence in any court except in a suit or proceeding in which may be involved the question of the right of a person or persons to succeed to or to receive the property of the decedent named in the affidavit, and then only to establish those facts, or in the criminal court in aid of the prosecution of the maker of the affidavit on the ground that it was and is false. Such affidavits filed with respect to the estates of persons heretofore deceased shall be received for registration and may be used with the same effect as affidavits as to persons dying hereafter. (d) Any such affidavit that has been copied in the county register's records for twenty (20) years or more before being offered in evidence shall not be rejected as evidence because of any formal defect in the form of the jurat attached thereto. (e) (1) Any person feeling aggrieved by the recording of any such affidavit, may, at any time within six (6) years of the recording of the affidavit, bring a suit in the chancery court of the county where the affidavit may be recorded, challenging the verity of any or all of the facts that may be stated in the affidavit, and if the court finds any facts set forth in the affidavit are not true according to the proof, it shall order so much of the affidavit as it may find to be false to be expunged from the records of the county. In any proceeding challenging the truthfulness of any fact set forth in any such affidavit, the burden of proof to show the truthfulness of the statement shall rest upon the defendants to the proceeding, and all persons whose interests might be affected by the suit shall be made parties defendant. Any such suit shall be local to the county in which the affidavit may be recorded and nonresident defendants shall be made parties by the usual procedure of publication and the mailing by the clerk and master of a copy of the bill to the last known address of each defendant. (2) If an affidavit has been recorded in more than one county of the state, the action may be brought in any one of those counties; and a certified copy of the judgment or decree of the court in that cause expunging the affidavit, or any part of the affidavit, may be filed for recordation in any of the other counties in which the affidavit may have been recorded; and the recordation of the certified copy of the judgment or decree shall be as effective to work the expunction of the affidavit there recorded as if the suit had been instituted and prosecuted to a conclusion in that county. (f) Whoever willfully, corruptly and falsely swears to any statement in any such affidavit known by the person to be false, or about which the person does not have sufficiently definite knowledge to justify the making of such a sworn statement, and the statement is false, commits a Class E felony. Acts 1937, ch. 123, §§ 1-6; C. Supp. 1950, §§ 8350.1-8350.6; T.C.A. (orig. ed.), §§ 30-1201 -- 30-1206; Acts 1989, ch. 591, § 28.
(a) Affidavits duly sworn to upon the personal knowledge of the affiant before an officer entitled to administer oaths in the jurisdiction where the affidavit is made, setting forth any fact or facts concerning the relationship of any parties to persons deceased, or containing a statement of any facts pertinent to be ascertained in determining the persons legally entitled to any part of the estate of the decedent at the time of the decedent's death, shall be accepted for registration, upon presentation, by the registers of deeds in the several counties of the state upon the payment to the register of the usual fees for the recording of instruments entitled under the laws to be recorded.
(b) The register to whom any such affidavit may be presented for registration shall record the same either in special books kept for this purpose or in the books where deeds are recorded, and in indexing the affidavits the register shall note the instruments as "affidavits of heirship," indexing the name of the decedent as vendor and the names of those listed as heirs as vendees.
(c) Any such affidavit duly sworn to and recorded, or a certified copy of the affidavit if the original is shown to be lost, shall be received as evidence in any court in the state in the county in which the affidavit is recorded as prima facie evidence of the facts stated in the affidavit; provided, however, that no such affidavit shall be used as evidence in any court except in a suit or proceeding in which may be involved the question of the right of a person or persons to succeed to or to receive the property of the decedent named in the affidavit, and then only to establish those facts, or in the criminal court in aid of the prosecution of the maker of the affidavit on the ground that it was and is false. Such affidavits filed with respect to the estates of persons heretofore deceased shall be received for registration and may be used with the same effect as affidavits as to persons dying hereafter.
(d) Any such affidavit that has been copied in the county register's records for twenty (20) years or more before being offered in evidence shall not be rejected as evidence because of any formal defect in the form of the jurat attached thereto.
(e) (1) Any person feeling aggrieved by the recording of any such affidavit, may, at any time within six (6) years of the recording of the affidavit, bring a suit in the chancery court of the county where the affidavit may be recorded, challenging the verity of any or all of the facts that may be stated in the affidavit, and if the court finds any facts set forth in the affidavit are not true according to the proof, it shall order so much of the affidavit as it may find to be false to be expunged from the records of the county. In any proceeding challenging the truthfulness of any fact set forth in any such affidavit, the burden of proof to show the truthfulness of the statement shall rest upon the defendants to the proceeding, and all persons whose interests might be affected by the suit shall be made parties defendant. Any such suit shall be local to the county in which the affidavit may be recorded and nonresident defendants shall be made parties by the usual procedure of publication and the mailing by the clerk and master of a copy of the bill to the last known address of each defendant. (2) If an affidavit has been recorded in more than one county of the state, the action may be brought in any one of those counties; and a certified copy of the judgment or decree of the court in that cause expunging the affidavit, or any part of the affidavit, may be filed for recordation in any of the other counties in which the affidavit may have been recorded; and the recordation of the certified copy of the judgment or decree shall be as effective to work the expunction of the affidavit there recorded as if the suit had been instituted and prosecuted to a conclusion in that county.
(1) Any person feeling aggrieved by the recording of any such affidavit, may, at any time within six (6) years of the recording of the affidavit, bring a suit in the chancery court of the county where the affidavit may be recorded, challenging the verity of any or all of the facts that may be stated in the affidavit, and if the court finds any facts set forth in the affidavit are not true according to the proof, it shall order so much of the affidavit as it may find to be false to be expunged from the records of the county. In any proceeding challenging the truthfulness of any fact set forth in any such affidavit, the burden of proof to show the truthfulness of the statement shall rest upon the defendants to the proceeding, and all persons whose interests might be affected by the suit shall be made parties defendant. Any such suit shall be local to the county in which the affidavit may be recorded and nonresident defendants shall be made parties by the usual procedure of publication and the mailing by the clerk and master of a copy of the bill to the last known address of each defendant.
(2) If an affidavit has been recorded in more than one county of the state, the action may be brought in any one of those counties; and a certified copy of the judgment or decree of the court in that cause expunging the affidavit, or any part of the affidavit, may be filed for recordation in any of the other counties in which the affidavit may have been recorded; and the recordation of the certified copy of the judgment or decree shall be as effective to work the expunction of the affidavit there recorded as if the suit had been instituted and prosecuted to a conclusion in that county.
(f) Whoever willfully, corruptly and falsely swears to any statement in any such affidavit known by the person to be false, or about which the person does not have sufficiently definite knowledge to justify the making of such a sworn statement, and the statement is false, commits a Class E felony.
Acts 1937, ch. 123, §§ 1-6; C. Supp. 1950, §§ 8350.1-8350.6; T.C.A. (orig. ed.), §§ 30-1201 -- 30-1206; Acts 1989, ch. 591, § 28.
Tenn. Code Ann. § 30-3-112 — TN Code / Title 30 / Chapter 3 / Section 30-3-112
Insurance proceeds
Status: in_force

(a) At the time of the distribution under § 30-3-111 , the court may direct the payment to the beneficiaries of any sums due and unpaid under any policies of insurance upon the life of the absentee, if the claim is uncontested by the insurer. (b) If the claim is contested the court shall take jurisdiction of the action and shall submit to a jury, if one be called for, the issue of death of the insured and any other issues arising under the policy. (c) Where the survival of a named beneficiary is not established this part shall apply as if the proceeds of the insurance were a part of the estate of the absentee. (d) If in any proceeding under subsections (a) and (b) the absentee is not found to be deceased and the policy provides for a surrender value, the beneficiary may request the receiver, acting for the insured, to demand the payment of surrender value. The receiver's receipt for such payment shall be a release to the insurer of all claims under the policy. The receiver shall pay over to the beneficiary (if surviving the insured, otherwise to the estate of the absentee) the sum thus received, reserving only an amount allowed by the court as costs of the proceedings under this section. Acts 1941, ch. 102, § 10; C. Supp. 1950, § 8407.19; T.C.A. (orig. ed.), § 30-1812.
(a) At the time of the distribution under § 30-3-111 , the court may direct the payment to the beneficiaries of any sums due and unpaid under any policies of insurance upon the life of the absentee, if the claim is uncontested by the insurer.
(b) If the claim is contested the court shall take jurisdiction of the action and shall submit to a jury, if one be called for, the issue of death of the insured and any other issues arising under the policy.
(c) Where the survival of a named beneficiary is not established this part shall apply as if the proceeds of the insurance were a part of the estate of the absentee.
(d) If in any proceeding under subsections (a) and (b) the absentee is not found to be deceased and the policy provides for a surrender value, the beneficiary may request the receiver, acting for the insured, to demand the payment of surrender value. The receiver's receipt for such payment shall be a release to the insurer of all claims under the policy. The receiver shall pay over to the beneficiary (if surviving the insured, otherwise to the estate of the absentee) the sum thus received, reserving only an amount allowed by the court as costs of the proceedings under this section.
Acts 1941, ch. 102, § 10; C. Supp. 1950, § 8407.19; T.C.A. (orig. ed.), § 30-1812.
Tenn. Code Ann. § 30-3-101 — TN Code / Title 30 / Chapter 3 / Section 30-3-101
Short title
Status: in_force

This part shall be known and may be cited as the "Uniform Absence as Evidence of Death and Absentees' Property Law." Acts 1941, ch. 102, § 13; C. Supp. 1950, § 8407.9 (Williams, § 8407.22); T.C.A. (orig. ed.), § 30-1801.
This part shall be known and may be cited as the "Uniform Absence as Evidence of Death and Absentees' Property Law."
Acts 1941, ch. 102, § 13; C. Supp. 1950, § 8407.9 (Williams, § 8407.22); T.C.A. (orig. ed.), § 30-1801.
Tenn. Code Ann. § 30-1-103 — TN Code / Title 30 / Chapter 1 / Section 30-1-103
Nonresident decedents - Granting letters testamentary or of administration
Status: in_force

(a) Letters testamentary or of administration may be granted upon the estate of a person who resided, at the time of the person's death, in some other state or territory of the union, or in a foreign country, by the probate court of any county in this state: (1) Where the deceased had any goods, chattels, or assets, or any estate, real or personal, at the time of the person's death, or where the goods, chattels, assets, or estate may be when the letters are applied for; (2) Where any debtor of the deceased resides; (3) Where any debtor of a debtor of the deceased resides, the debt being unpaid when the application is made; or (4) Where any suit is to be brought, prosecuted, or defended, in which the estate is interested. (b) In the case of subdivision (a)(4): (1) If the suit is pending, or to be brought, in a chancery court composed of more than one county, the probate court of any one of the counties may grant the letters; and (2) If the suit is pending in an appellate court, the letters shall be granted by the probate court of the county in which the suit originated. Code 1858, §§ 2203-2205 (deriv. Acts 1831, ch. 24, §§ 1, 2; 1841-1842, ch. 69, § 1; 1841-1842, ch. 165, § 1); Shan., §§ 3935-3937; Code 1932, §§ 8145-8147; T.C.A. (orig. ed.), §§ 30-103 -- 30-105.
(a) Letters testamentary or of administration may be granted upon the estate of a person who resided, at the time of the person's death, in some other state or territory of the union, or in a foreign country, by the probate court of any county in this state: (1) Where the deceased had any goods, chattels, or assets, or any estate, real or personal, at the time of the person's death, or where the goods, chattels, assets, or estate may be when the letters are applied for; (2) Where any debtor of the deceased resides; (3) Where any debtor of a debtor of the deceased resides, the debt being unpaid when the application is made; or (4) Where any suit is to be brought, prosecuted, or defended, in which the estate is interested.
(1) Where the deceased had any goods, chattels, or assets, or any estate, real or personal, at the time of the person's death, or where the goods, chattels, assets, or estate may be when the letters are applied for;
(2) Where any debtor of the deceased resides;
(3) Where any debtor of a debtor of the deceased resides, the debt being unpaid when the application is made; or
(4) Where any suit is to be brought, prosecuted, or defended, in which the estate is interested.
(b) In the case of subdivision (a)(4): (1) If the suit is pending, or to be brought, in a chancery court composed of more than one county, the probate court of any one of the counties may grant the letters; and (2) If the suit is pending in an appellate court, the letters shall be granted by the probate court of the county in which the suit originated.
(1) If the suit is pending, or to be brought, in a chancery court composed of more than one county, the probate court of any one of the counties may grant the letters; and
(2) If the suit is pending in an appellate court, the letters shall be granted by the probate court of the county in which the suit originated.
Code 1858, §§ 2203-2205 (deriv. Acts 1831, ch. 24, §§ 1, 2; 1841-1842, ch. 69, § 1; 1841-1842, ch. 165, § 1); Shan., §§ 3935-3937; Code 1932, §§ 8145-8147; T.C.A. (orig. ed.), §§ 30-103 -- 30-105.
Tenn. Code Ann. § 30-2-603 — TN Code / Title 30 / Chapter 2 / Section 30-2-603
Service of notice of accounting
Status: in_force

(a) No account of any personal representative shall be taken until the clerk of the probate or chancery court, taking the account, or the personal representative or the personal representative's attorney has served the parties interested with notice of taking the account at least five (5) days before the time fixed for taking the account. This notice may be waived in writing by any legatee, distributee or other person interested in the estate. (b) If addresses of heirs, distributees, or other persons interested in the estate are unknown, the personal representative or the personal representative's attorney shall publish notice of the accounting in a newspaper of general circulation in the county with jurisdiction over the probate proceedings. Code 1858, § 2298 (deriv. Acts 1851-1852, ch. 215, § 2); Shan., § 4034; mod. Code 1932, § 8247; T.C.A. (orig. ed.), § 30-1104; Acts 1986, ch. 580, § 2; 1997, ch. 407, § 2; 2001, ch. 400, § 2.
(a) No account of any personal representative shall be taken until the clerk of the probate or chancery court, taking the account, or the personal representative or the personal representative's attorney has served the parties interested with notice of taking the account at least five (5) days before the time fixed for taking the account. This notice may be waived in writing by any legatee, distributee or other person interested in the estate.
(b) If addresses of heirs, distributees, or other persons interested in the estate are unknown, the personal representative or the personal representative's attorney shall publish notice of the accounting in a newspaper of general circulation in the county with jurisdiction over the probate proceedings.
Code 1858, § 2298 (deriv. Acts 1851-1852, ch. 215, § 2); Shan., § 4034; mod. Code 1932, § 8247; T.C.A. (orig. ed.), § 30-1104; Acts 1986, ch. 580, § 2; 1997, ch. 407, § 2; 2001, ch. 400, § 2.
Tenn. Code Ann. § 30-3-202 — TN Code / Title 30 / Chapter 3 / Section 30-3-202
Jurisdiction - Grounds for appointment
Status: in_force

The chancery or probate court has jurisdiction to appoint a conservator of the estate of an absentee as defined in this part upon a showing that: (1) The absentee has an interest in any form of property in this state, or is a legal resident of this state, or has a spouse or next of kin who is a legal resident of this state, and the absentee has not provided an adequate power of attorney authorizing another to act in the absentee's behalf with regard to the property or interest or the term of any such power of attorney has expired; and (2) A necessity exists for providing care for the property or estate of the absentee or care for or judgments concerning the absentee's spouse and children; or if the absentee has no spouse and children, the absentee's mother or father. Acts 1972, ch. 785, § 2; T.C.A. (orig. ed.) § 30-1902.
The chancery or probate court has jurisdiction to appoint a conservator of the estate of an absentee as defined in this part upon a showing that:
(1) The absentee has an interest in any form of property in this state, or is a legal resident of this state, or has a spouse or next of kin who is a legal resident of this state, and the absentee has not provided an adequate power of attorney authorizing another to act in the absentee's behalf with regard to the property or interest or the term of any such power of attorney has expired; and
(2) A necessity exists for providing care for the property or estate of the absentee or care for or judgments concerning the absentee's spouse and children; or if the absentee has no spouse and children, the absentee's mother or father.
Acts 1972, ch. 785, § 2; T.C.A. (orig. ed.) § 30-1902.
Tenn. Code Ann. § 30-2-609 — TN Code / Title 30 / Chapter 2 / Section 30-2-609
Appeal from judgment of court
Status: in_force

(a) In any county having a population of five hundred thousand (500,000) or more according to the 2000 federal census or any subsequent federal census, when the court having probate jurisdiction finally settles an account, any person adversely affected by the settlement may appeal from the judgment to the court of appeals. (b) In any county having a population of less than five hundred thousand (500,000) according to the 2000 federal census or any subsequent federal census, when the court having probate jurisdiction finally settles an account: (1) If the judge serving such court is the circuit court judge or chancellor of the judicial district, then any person adversely affected by the settlement may appeal from the judgment to the court of appeals; or (2) If the judge serving such court is not the circuit court judge or chancellor of the judicial district, then any person adversely affected by the settlement may appeal from the judgment to the appropriate trial court of general jurisdiction in which case the trial judge shall hear the matter de novo. (c) Except in any county having a population of five hundred thousand (500,000) or more according to the 2000 federal census or any subsequent federal census, the appeal of any decision, ruling, order, or judgment of a probate court that is served by a judge who is not the circuit court judge or chancellor of the judicial district in which the matter arose shall be to the appropriate trial court of general jurisdiction in which case the trial judge shall hear the matter de novo. (d) The appeal of any decision, ruling, order, or judgment of a probate court that is served by the circuit court judge or chancellor of the judicial district in which the matter arose (or of a probate court in any county having a population of five hundred thousand (500,000) or more according to the 2000 federal census or any subsequent federal census), shall be to the court of appeals as otherwise provided by law or rule of court. (e) (1) Subdivision (b)(2) and subsection (c) shall not apply in counties having a population of: not less than nor more than 39,050 39,150 44,200 44,300 71,100 71,200 88,800 88,900 105,800 105,900 according to the 2000 federal census or any subsequent federal census. (2) In any county set out in subdivision (e)(1), any person adversely affected by the settlement or any decision, ruling, order, or judgment of the probate court shall appeal to the court of appeals unless otherwise prohibited by law or rule of court. Code 1858, § 2304 (deriv. Acts 1851-1852, ch. 215, § 4); Shan., § 4040; Code 1932, § 8253; T.C.A. (orig. ed.), § 30-1110; Acts 1985, ch. 140, § 21; 2002, ch. 754, §§ 1, 2; 2003, ch. 157, § 1; 2009, ch. 396, § 1.
(a) In any county having a population of five hundred thousand (500,000) or more according to the 2000 federal census or any subsequent federal census, when the court having probate jurisdiction finally settles an account, any person adversely affected by the settlement may appeal from the judgment to the court of appeals.
(b) In any county having a population of less than five hundred thousand (500,000) according to the 2000 federal census or any subsequent federal census, when the court having probate jurisdiction finally settles an account: (1) If the judge serving such court is the circuit court judge or chancellor of the judicial district, then any person adversely affected by the settlement may appeal from the judgment to the court of appeals; or (2) If the judge serving such court is not the circuit court judge or chancellor of the judicial district, then any person adversely affected by the settlement may appeal from the judgment to the appropriate trial court of general jurisdiction in which case the trial judge shall hear the matter de novo.
(1) If the judge serving such court is the circuit court judge or chancellor of the judicial district, then any person adversely affected by the settlement may appeal from the judgment to the court of appeals; or
(2) If the judge serving such court is not the circuit court judge or chancellor of the judicial district, then any person adversely affected by the settlement may appeal from the judgment to the appropriate trial court of general jurisdiction in which case the trial judge shall hear the matter de novo.
(c) Except in any county having a population of five hundred thousand (500,000) or more according to the 2000 federal census or any subsequent federal census, the appeal of any decision, ruling, order, or judgment of a probate court that is served by a judge who is not the circuit court judge or chancellor of the judicial district in which the matter arose shall be to the appropriate trial court of general jurisdiction in which case the trial judge shall hear the matter de novo.
(d) The appeal of any decision, ruling, order, or judgment of a probate court that is served by the circuit court judge or chancellor of the judicial district in which the matter arose (or of a probate court in any county having a population of five hundred thousand (500,000) or more according to the 2000 federal census or any subsequent federal census), shall be to the court of appeals as otherwise provided by law or rule of court.
(e) (1) Subdivision (b)(2) and subsection (c) shall not apply in counties having a population of: not less than nor more than 39,050 39,150 44,200 44,300 71,100 71,200 88,800 88,900 105,800 105,900 according to the 2000 federal census or any subsequent federal census. (2) In any county set out in subdivision (e)(1), any person adversely affected by the settlement or any decision, ruling, order, or judgment of the probate court shall appeal to the court of appeals unless otherwise prohibited by law or rule of court.
(1) Subdivision (b)(2) and subsection (c) shall not apply in counties having a population of: not less than nor more than 39,050 39,150 44,200 44,300 71,100 71,200 88,800 88,900 105,800 105,900 according to the 2000 federal census or any subsequent federal census.
not less than nor more than 39,050 39,150 44,200 44,300 71,100 71,200 88,800 88,900 105,800 105,900
not less than
nor more than
39,050
39,150
44,200
44,300
71,100
71,200
88,800
88,900
105,800
105,900
according to the 2000 federal census or any subsequent federal census.
(2) In any county set out in subdivision (e)(1), any person adversely affected by the settlement or any decision, ruling, order, or judgment of the probate court shall appeal to the court of appeals unless otherwise prohibited by law or rule of court.
Code 1858, § 2304 (deriv. Acts 1851-1852, ch. 215, § 4); Shan., § 4040; Code 1932, § 8253; T.C.A. (orig. ed.), § 30-1110; Acts 1985, ch. 140, § 21; 2002, ch. 754, §§ 1, 2; 2003, ch. 157, § 1; 2009, ch. 396, § 1.
Tenn. Code Ann. § 30-2-209 — TN Code / Title 30 / Chapter 2 / Section 30-2-209
Assignment out of sale proceeds
Status: in_force

If real estate is so situated that homestead cannot be set apart, as provided in this part, then the realty shall be sold and thirty-five thousand dollars ($35,000) of the proceeds invested in real estate, under the direction of the court having jurisdiction to be held as homestead subject to the law governing homestead, or if the court deems it more desirable and practical, it may order the payment of thirty-five thousand dollars ($35,000) in cash or other personal property outright and in fee to the surviving spouse, if any, otherwise to the minor children, if any, in lieu of all other homestead rights in the realty of the deceased. Amended by 2022 Tenn. Acts, ch. 759, s 1, eff. 7/1/2022. Acts 1873, ch. 98, § 1; Shan., §§ 3808, 4145; mod. Code 1932, §§ 7729, 8357; impl. am. Acts 1933, ch. 72, § 1; C. Supp. 1950, § 7729; Acts 1976, ch. 529, § 16; 1979, ch. 61, § 9; T.C.A. (orig. ed.), § 30-912; Acts 1985, ch. 140, § 11.
If real estate is so situated that homestead cannot be set apart, as provided in this part, then the realty shall be sold and thirty-five thousand dollars ($35,000) of the proceeds invested in real estate, under the direction of the court having jurisdiction to be held as homestead subject to the law governing homestead, or if the court deems it more desirable and practical, it may order the payment of thirty-five thousand dollars ($35,000) in cash or other personal property outright and in fee to the surviving spouse, if any, otherwise to the minor children, if any, in lieu of all other homestead rights in the realty of the deceased.
Amended by 2022 Tenn. Acts, ch. 759, s 1, eff. 7/1/2022.
Acts 1873, ch. 98, § 1; Shan., §§ 3808, 4145; mod. Code 1932, §§ 7729, 8357; impl. am. Acts 1933, ch. 72, § 1; C. Supp. 1950, § 7729; Acts 1976, ch. 529, § 16; 1979, ch. 61, § 9; T.C.A. (orig. ed.), § 30-912; Acts 1985, ch. 140, § 11.
Tenn. Code Ann. § 30-2-416 — TN Code / Title 30 / Chapter 2 / Section 30-2-416
Purchaser's remedy when satisfaction of judgment and sale is set aside at instance of heirs
Status: in_force

In all cases in which the heirs, or devisees, of a deceased person, whose real estate has been sold for the satisfaction of the deceased's debts, by virtue of proceedings under §§ 30-2-409 - 30-2-415, institute suit for the recovery of the real estate against the purchaser, in consequence of failure to serve the scire facias personally on the minor heirs, the court rendering the judgment, upon the application of the purchaser, shall set aside the satisfaction of the original judgment or execution, and thereupon the original judgment shall be revived, and may be enforced by the purchaser against the real estate in the same way as the original judgment could have been enforced by the original creditor. Code 1858, § 2266 (deriv. Acts 1849-1850, ch. 119); Shan., § 3999; Code 1932, § 8212; T.C.A. (orig. ed.), § 30-619.
In all cases in which the heirs, or devisees, of a deceased person, whose real estate has been sold for the satisfaction of the deceased's debts, by virtue of proceedings under §§ 30-2-409 - 30-2-415, institute suit for the recovery of the real estate against the purchaser, in consequence of failure to serve the scire facias personally on the minor heirs, the court rendering the judgment, upon the application of the purchaser, shall set aside the satisfaction of the original judgment or execution, and thereupon the original judgment shall be revived, and may be enforced by the purchaser against the real estate in the same way as the original judgment could have been enforced by the original creditor.
Code 1858, § 2266 (deriv. Acts 1849-1850, ch. 119); Shan., § 3999; Code 1932, § 8212; T.C.A. (orig. ed.), § 30-619.
Tenn. Code Ann. § 30-4-103 — TN Code / Title 30 / Chapter 4 / Section 30-4-103
Administration of small estate - Limited letters of administration - Bond requirements - Form requirements
Status: in_force

Whenever a decedent leaves a small estate, it may be administered in the following manner: (1) After the expiration of forty-five (45) days from the date of the decedent's death, as evidenced by a copy of the decedent's death certificate, provided that no petition for the appointment of a personal representative of the decedent's estate has been filed in that period of time for the decedent's estate, either: (A) One (1) or more of the decedent's competent adult heirs shall file a petition for the issuance of limited letters of administration of a small estate; or (B) If the decedent died testate and it is determined that distribution of the small estate pursuant to the decedent's will is different than distribution by intestate distribution, and it is desired that the small estate be distributed according to the decedent's will, the person named as the personal representative in the decedent's will shall either: (i) File a petition for the probate of the decedent's will as a muniment of title to the property of the decedent pursuant to § 32-2-111 and for the issuance of limited letters testamentary of a small estate; or (ii) File the original of the decedent's will together with affidavits of the attesting witnesses or the affidavits of the two (2) disinterested persons attesting to the decedent's handwriting, if the decedent's will is holographic, with the clerk who shall record the will and affidavits. The recording of the decedent's will and accompanying affidavits is deemed sufficient to probate the decedent's will for the purposes of this chapter; (2) To apply for limited letters of administration of a small estate or for limited letters testamentary of a small estate, the person seeking the limited letters shall file a sworn petition with the court containing the information set forth in § 30-1-117(a)(1)-(10) . The petition must include an itemized list of the property of the decedent to which the limited letters are to apply, the value of each item of property, the identity of each creditor of the decedent, and the amount owing to each identified creditor; (3) Regardless of the language of the decedent's will waiving bond, the petitioner for the limited letters shall make the bond payable to the clerk of the court for the benefit of those entitled with a corporate surety. The amount of the bond must be equal to the value of the decedent's property to be administered under this chapter. However, bond is not required of the petitioner if: (A) The petitioner or petitioners are the sole heirs of the intestate decedent; (B) The petitioner or petitioners are the sole beneficiaries of the testate decedent; or (C) All the adult heirs and beneficiaries consent in writing; (4) The clerk shall charge and receive such fees for processing a petition for the issuance of limited letters of administration of a small estate or limited letters testamentary of a small estate as provided in § 8-21-401 ; (5) Upon posting the required bond, unless waived as set forth in subdivision (3), the clerk shall issue limited letters of administration of a small estate or limited letters testamentary of a small estate, as appropriate, on the form in subdivision (9); (6) A notice to creditors must not be published, and a creditor is not permitted to file a claim in a small estate probate; (7) The personal representative and the surety on the personal representative's bond may be discharged from liability under the bond as follows: (A) The court may enter an order discharging the personal representative and the surety on the personal representative's bond after the personal representative files, for a decedent dying before January 1, 2016, either the tax receipt issued pursuant to § 67-8-420 , or the certificate or assessment issued pursuant to § 67-8-409(f) ; or (B) The personal representative and the surety on the personal representative's bond may wait until the first anniversary of the issuance of the limited letters when the court shall automatically discharge them from liability. The limited letters must remain open and active until the first anniversary of the issuance of the limited letters; (8) Upon good cause shown, the court may waive the requirement to wait forty-five (45) days before filing a petition for limited letters; and (9) The form for issuance of limited letters of administration of a small estate or limited letters testamentary of a small estate must be as follows: Limited Letters of Administration/Limited Letters Testamentary of a Small Estate Pursuant to T.C.A. § 30-4-101 , et seq. In the Matter of the Estate of: ______________ Whereas, it appearing that the above-named deceased person left property and debts subject to administration pursuant to the above-referenced statutory provisions, and ______________ is hereby authorized to serve in the limited role of Personal Representative. As such, Limited Letters of Administration/Letters Testamentary of a Small Estate are hereby issued to the above-named individual being now therefore empowered to collect and preserve all assets of the estate, remove any personal property from a property leased by the decedent, and cancel any insurance policies no longer applicable due to decedent's death. Said assets are limited to those itemized in the Petition, a copy of which is attached hereto. The total value of decedent's property shall not exceed $50,000.00. There is no real property at issue in this matter, and this limited letter in no way gives any authority to the personal representative to handle any real estate matters of the decedent. In witness whereof, I have issued these Limited Letters of Administration/Limited Letters Testamentary. Date: ____________________ Clerk: ______________ I swear that all statements in the Small Estate documents I have executed and provided are true and accurate. I do solemnly swear or affirm that I will faithfully and honestly discharge the duties imposed upon me and as required by law. Date: ____________________ Personal Representative: ______________ I, as Clerk, certify that these Letters are in full force and effect as of this date of issuance. Date: ____________________ Clerk: ______________ Amended by 2023 Tenn. Acts, ch. 297, s 1, eff. 4/28/2023. Amended by 2022 Tenn. Acts, ch. 665, s 2, eff. 7/1/2022. Amended by 2017 Tenn. Acts, ch. 290, s 5, eff. 5/4/2017. Amended by 2013 Tenn. Acts, ch. 360, s 1, eff. 7/1/2013. Acts 1972, ch. 687, § 3; 1980, ch. 626, § 1; 1981, ch. 444, §1; 1982, ch. 565, §§ 1, 2; T.C.A., § 30-2003; Acts 1988, ch. 854, §§10, 11; 1997 , ch. 426, §§ 13- 15; 2004, ch. 866, § 1; 2005, ch. 99, § 6; 2006, ch. 813, § 1.
Whenever a decedent leaves a small estate, it may be administered in the following manner:
(1) After the expiration of forty-five (45) days from the date of the decedent's death, as evidenced by a copy of the decedent's death certificate, provided that no petition for the appointment of a personal representative of the decedent's estate has been filed in that period of time for the decedent's estate, either: (A) One (1) or more of the decedent's competent adult heirs shall file a petition for the issuance of limited letters of administration of a small estate; or (B) If the decedent died testate and it is determined that distribution of the small estate pursuant to the decedent's will is different than distribution by intestate distribution, and it is desired that the small estate be distributed according to the decedent's will, the person named as the personal representative in the decedent's will shall either: (i) File a petition for the probate of the decedent's will as a muniment of title to the property of the decedent pursuant to § 32-2-111 and for the issuance of limited letters testamentary of a small estate; or (ii) File the original of the decedent's will together with affidavits of the attesting witnesses or the affidavits of the two (2) disinterested persons attesting to the decedent's handwriting, if the decedent's will is holographic, with the clerk who shall record the will and affidavits. The recording of the decedent's will and accompanying affidavits is deemed sufficient to probate the decedent's will for the purposes of this chapter;
(A) One (1) or more of the decedent's competent adult heirs shall file a petition for the issuance of limited letters of administration of a small estate; or
(B) If the decedent died testate and it is determined that distribution of the small estate pursuant to the decedent's will is different than distribution by intestate distribution, and it is desired that the small estate be distributed according to the decedent's will, the person named as the personal representative in the decedent's will shall either: (i) File a petition for the probate of the decedent's will as a muniment of title to the property of the decedent pursuant to § 32-2-111 and for the issuance of limited letters testamentary of a small estate; or (ii) File the original of the decedent's will together with affidavits of the attesting witnesses or the affidavits of the two (2) disinterested persons attesting to the decedent's handwriting, if the decedent's will is holographic, with the clerk who shall record the will and affidavits. The recording of the decedent's will and accompanying affidavits is deemed sufficient to probate the decedent's will for the purposes of this chapter;
(i) File a petition for the probate of the decedent's will as a muniment of title to the property of the decedent pursuant to § 32-2-111 and for the issuance of limited letters testamentary of a small estate; or
(ii) File the original of the decedent's will together with affidavits of the attesting witnesses or the affidavits of the two (2) disinterested persons attesting to the decedent's handwriting, if the decedent's will is holographic, with the clerk who shall record the will and affidavits. The recording of the decedent's will and accompanying affidavits is deemed sufficient to probate the decedent's will for the purposes of this chapter;
(2) To apply for limited letters of administration of a small estate or for limited letters testamentary of a small estate, the person seeking the limited letters shall file a sworn petition with the court containing the information set forth in § 30-1-117(a)(1)-(10) . The petition must include an itemized list of the property of the decedent to which the limited letters are to apply, the value of each item of property, the identity of each creditor of the decedent, and the amount owing to each identified creditor;
(3) Regardless of the language of the decedent's will waiving bond, the petitioner for the limited letters shall make the bond payable to the clerk of the court for the benefit of those entitled with a corporate surety. The amount of the bond must be equal to the value of the decedent's property to be administered under this chapter. However, bond is not required of the petitioner if: (A) The petitioner or petitioners are the sole heirs of the intestate decedent; (B) The petitioner or petitioners are the sole beneficiaries of the testate decedent; or (C) All the adult heirs and beneficiaries consent in writing;
(A) The petitioner or petitioners are the sole heirs of the intestate decedent;
(B) The petitioner or petitioners are the sole beneficiaries of the testate decedent; or
(C) All the adult heirs and beneficiaries consent in writing;
(4) The clerk shall charge and receive such fees for processing a petition for the issuance of limited letters of administration of a small estate or limited letters testamentary of a small estate as provided in § 8-21-401 ;
(5) Upon posting the required bond, unless waived as set forth in subdivision (3), the clerk shall issue limited letters of administration of a small estate or limited letters testamentary of a small estate, as appropriate, on the form in subdivision (9);
(6) A notice to creditors must not be published, and a creditor is not permitted to file a claim in a small estate probate;
(7) The personal representative and the surety on the personal representative's bond may be discharged from liability under the bond as follows: (A) The court may enter an order discharging the personal representative and the surety on the personal representative's bond after the personal representative files, for a decedent dying before January 1, 2016, either the tax receipt issued pursuant to § 67-8-420 , or the certificate or assessment issued pursuant to § 67-8-409(f) ; or (B) The personal representative and the surety on the personal representative's bond may wait until the first anniversary of the issuance of the limited letters when the court shall automatically discharge them from liability. The limited letters must remain open and active until the first anniversary of the issuance of the limited letters;
(A) The court may enter an order discharging the personal representative and the surety on the personal representative's bond after the personal representative files, for a decedent dying before January 1, 2016, either the tax receipt issued pursuant to § 67-8-420 , or the certificate or assessment issued pursuant to § 67-8-409(f) ; or
(B) The personal representative and the surety on the personal representative's bond may wait until the first anniversary of the issuance of the limited letters when the court shall automatically discharge them from liability. The limited letters must remain open and active until the first anniversary of the issuance of the limited letters;
(8) Upon good cause shown, the court may waive the requirement to wait forty-five (45) days before filing a petition for limited letters; and
(9) The form for issuance of limited letters of administration of a small estate or limited letters testamentary of a small estate must be as follows: Limited Letters of Administration/Limited Letters Testamentary of a Small Estate Pursuant to T.C.A. § 30-4-101 , et seq. In the Matter of the Estate of: ______________ Whereas, it appearing that the above-named deceased person left property and debts subject to administration pursuant to the above-referenced statutory provisions, and ______________ is hereby authorized to serve in the limited role of Personal Representative. As such, Limited Letters of Administration/Letters Testamentary of a Small Estate are hereby issued to the above-named individual being now therefore empowered to collect and preserve all assets of the estate, remove any personal property from a property leased by the decedent, and cancel any insurance policies no longer applicable due to decedent's death. Said assets are limited to those itemized in the Petition, a copy of which is attached hereto. The total value of decedent's property shall not exceed $50,000.00. There is no real property at issue in this matter, and this limited letter in no way gives any authority to the personal representative to handle any real estate matters of the decedent. In witness whereof, I have issued these Limited Letters of Administration/Limited Letters Testamentary. Date: ____________________ Clerk: ______________ I swear that all statements in the Small Estate documents I have executed and provided are true and accurate. I do solemnly swear or affirm that I will faithfully and honestly discharge the duties imposed upon me and as required by law. Date: ____________________ Personal Representative: ______________ I, as Clerk, certify that these Letters are in full force and effect as of this date of issuance. Date: ____________________ Clerk: ______________
Limited Letters of Administration/Limited Letters Testamentary of a Small Estate
Pursuant to T.C.A. § 30-4-101 , et seq.
In the Matter of the Estate of: ______________
Whereas, it appearing that the above-named deceased person left property and debts subject to administration pursuant to the above-referenced statutory provisions, and ______________ is hereby authorized to serve in the limited role of Personal Representative.
As such, Limited Letters of Administration/Letters Testamentary of a Small Estate are hereby issued to the above-named individual being now therefore empowered to collect and preserve all assets of the estate, remove any personal property from a property leased by the decedent, and cancel any insurance policies no longer applicable due to decedent's death. Said assets are limited to those itemized in the Petition, a copy of which is attached hereto. The total value of decedent's property shall not exceed $50,000.00.
There is no real property at issue in this matter, and this limited letter in no way gives any authority to the personal representative to handle any real estate matters of the decedent.
In witness whereof, I have issued these Limited Letters of Administration/Limited Letters Testamentary.
Date: ____________________ Clerk: ______________
I swear that all statements in the Small Estate documents I have executed and provided are true and accurate. I do solemnly swear or affirm that I will faithfully and honestly discharge the duties imposed upon me and as required by law.
Date: ____________________ Personal Representative: ______________
I, as Clerk, certify that these Letters are in full force and effect as of this date of issuance.
Date: ____________________ Clerk: ______________
Amended by 2023 Tenn. Acts, ch. 297, s 1, eff. 4/28/2023.
Amended by 2022 Tenn. Acts, ch. 665, s 2, eff. 7/1/2022.
Amended by 2017 Tenn. Acts, ch. 290, s 5, eff. 5/4/2017.
Amended by 2013 Tenn. Acts, ch. 360, s 1, eff. 7/1/2013.
Acts 1972, ch. 687, § 3; 1980, ch. 626, § 1; 1981, ch. 444, §1; 1982, ch. 565, §§ 1, 2; T.C.A., § 30-2003; Acts 1988, ch. 854, §§10, 11; 1997 , ch. 426, §§ 13- 15; 2004, ch. 866, § 1; 2005, ch. 99, § 6; 2006, ch. 813, § 1.
Tenn. Code Ann. § 30-1-303 — TN Code / Title 30 / Chapter 1 / Section 30-1-303
Bill filed by creditor - Parties
Status: in_force

The bill, if filed by a creditor, shall be on behalf of all other creditors who may wish to come in and be made parties on the usual terms, and the distributees and heirs may be made parties defendants. Code 1858, § 2211 (deriv. Acts 1841-1842, ch. 177, § 1); Shan., § 3945; Code 1932, § 8157; T.C.A. (orig. ed.), § 30-303.
The bill, if filed by a creditor, shall be on behalf of all other creditors who may wish to come in and be made parties on the usual terms, and the distributees and heirs may be made parties defendants.
Code 1858, § 2211 (deriv. Acts 1841-1842, ch. 177, § 1); Shan., § 3945; Code 1932, § 8157; T.C.A. (orig. ed.), § 30-303.
Tenn. Code Ann. § 30-2-312 — TN Code / Title 30 / Chapter 2 / Section 30-2-312
Entry of claim by clerk - Fees - Notice
Status: in_force

Each claim filed with the clerk shall be entered by the clerk in a well bound book, in which the clerk shall set forth the title of the estate, the name and address of the creditor as reflected by the claim filed, the nature and amount of the claim and the date of filing, which book shall be provided and paid for as are other records in the clerk's office. The fees authorized by § 8-21-401(c)(1)(A) shall be paid to the clerk by the claimant at the time such claim is filed. If notice is required to be given to the residuary beneficiary or beneficiaries of the decedent's estate as required by § 30-2-313(b) , the claimant shall pay to the clerk on the filing of the claim the fee provided by § 8-21-401(c)(9) for each residuary beneficiary to whom notice is to be given. Amended by 2017 Tenn. Acts, ch. 290,s 15, eff. 7/1/2017. Acts 1939, ch. 175, § 2; C. Supp. 1950, § 8196.2; impl. am. Acts 1951, ch. 166, § 1(38); 1983, ch. 252, § 1; T.C.A. (orig. ed.), § 30-515.
Each claim filed with the clerk shall be entered by the clerk in a well bound book, in which the clerk shall set forth the title of the estate, the name and address of the creditor as reflected by the claim filed, the nature and amount of the claim and the date of filing, which book shall be provided and paid for as are other records in the clerk's office. The fees authorized by § 8-21-401(c)(1)(A) shall be paid to the clerk by the claimant at the time such claim is filed. If notice is required to be given to the residuary beneficiary or beneficiaries of the decedent's estate as required by § 30-2-313(b) , the claimant shall pay to the clerk on the filing of the claim the fee provided by § 8-21-401(c)(9) for each residuary beneficiary to whom notice is to be given.
Amended by 2017 Tenn. Acts, ch. 290,s 15, eff. 7/1/2017.
Acts 1939, ch. 175, § 2; C. Supp. 1950, § 8196.2; impl. am. Acts 1951, ch. 166, § 1(38); 1983, ch. 252, § 1; T.C.A. (orig. ed.), § 30-515.
Tenn. Code Ann. § 30-2-303 — TN Code / Title 30 / Chapter 2 / Section 30-2-303
Sale of decedent's effects
Status: in_force

Unless otherwise directed by the will and unless the specific personal property is the subject of a bequest, the personal representative of a testate or intestate estate may, in the personal representative's discretion, sell the personal property of the decedent at public or private sale, for cash or on terms, in such manner and for such prices as the personal representative may deem advisable; but the personal representative shall not make a private sale to the personal representative, to business associates, to members of the personal representative's immediate family or to their agents without court approval or the written consent of all residuary distributees of the estate. The personal representative may employ persons or firms to conduct the sale and shall receive credit for all reasonable expenses of the sale in the final accounting. Code 1858, §§ 2243-2245 (deriv. Acts 1723, ch. 10, § 2; 1797, ch. 7, § 5); Shan., §§ 3979-3981; mod. Code 1932, §§ 8191-8193; T.C.A. (orig. ed.), §§ 30-503 -- 30-505; Acts 1985, ch. 140, § 12.
Unless otherwise directed by the will and unless the specific personal property is the subject of a bequest, the personal representative of a testate or intestate estate may, in the personal representative's discretion, sell the personal property of the decedent at public or private sale, for cash or on terms, in such manner and for such prices as the personal representative may deem advisable; but the personal representative shall not make a private sale to the personal representative, to business associates, to members of the personal representative's immediate family or to their agents without court approval or the written consent of all residuary distributees of the estate. The personal representative may employ persons or firms to conduct the sale and shall receive credit for all reasonable expenses of the sale in the final accounting.
Code 1858, §§ 2243-2245 (deriv. Acts 1723, ch. 10, § 2; 1797, ch. 7, § 5); Shan., §§ 3979-3981; mod. Code 1932, §§ 8191-8193; T.C.A. (orig. ed.), §§ 30-503 -- 30-505; Acts 1985, ch. 140, § 12.
Tenn. Code Ann. § 30-2-307 — TN Code / Title 30 / Chapter 2 / Section 30-2-307
Claims against estate - Filing - Amendment
Status: in_force

(a) (1) All claims against the estate arising from a debt of the decedent shall be barred unless filed within the period prescribed in the notice published or posted in accordance with § 30-2-306(b) . (2) Before the date that is twelve (12) months from the decedent's date of death, the court may permit the personal representative to distribute the balance of the estate in accordance with § 30-2-701 , make final settlement and enter an order discharging the personal representative. If a creditor files its claim after the estate is closed as permitted in the preceding sentence and before the date that is twelve (12) months from the decedent's date of death, the personal representative shall not be personally liable to the creditor whose recourse will be against the distributees of the estate, each of whom shall share liability on the claim in proportion to the claimant's share of the residue. The burden of proof on any issue as to whether a creditor was known to or reasonably ascertainable by the personal representative, or as to whether actual notice was properly sent in accordance with § 30-2-306 , shall be upon the creditor claiming entitlement to actual notice. In such cases, the distributees of the estate shall be personally liable on a pro rata basis if the court finds the claim is proper and the creditor did not receive the appropriate notice. (b) When any claim is evidenced by a written instrument, the instrument or a photocopy of the instrument shall be filed; when due by a judgment or decree, a copy of the judgment or decree certified by the clerk of the court where rendered shall be filed; and when due by open account, an itemized statement of the account shall be filed; and every claim shall be verified by affidavit of the creditor before an officer authorized to administer oaths, which affidavit shall state that the claim is a correct, just and valid obligation of the estate of the decedent, that neither the claimant nor any other person on the claimant's behalf has received payment of the claim, in whole or in part, except such as is credited thereon, and that no security for the claim has been received, except as thereon stated. (c) No claim shall be filed by the clerk nor deemed to be filed unless submitted in triplicate, but the second and third copies need not be verified. (d) The clerk shall file all claims received not later than twelve (12) months from the decedent's date of death. However, filing of claims by the clerk shall not create an inference as to whether the claims are valid or were timely filed. The clerk shall return any claim submitted before the appointment of a personal representative or received more than twelve (12) months from the decedent's date of death. (e) (1) A creditor who has timely filed a claim against the estate shall file any amendment to its claim no later than thirty (30) days from the later of: (A) The date an exception to the claim is filed; or (B) The expiration of the exception period. (2) Unless the court with jurisdiction over the probate of the decedent's estate grants an extension of time for amendment on the creditor's showing of extraordinary circumstances, any amendment filed after the time prescribed shall be void. (f) If a claim filed against the decedent's estate is filed by a personal representative of the decedent's estate, the personal representative must provide the clerk of the court with the name and current mailing address of each residuary beneficiary of the decedent's estate at the time the claim is filed. Amended by 2017 Tenn. Acts, ch. 290,s 1, eff. 7/1/2017. Acts 1939, ch. 175, § 2; 1947, ch. 137, § 1; C. Supp. 1950, § 8196.2; Acts 1971, ch. 229, § 2; T.C.A. (orig. ed.), § 30-510; Acts 1984, ch. 629, § 1; 1985, ch. 140, § 13; 1988, ch. 854, § 8; 1989, ch. 395, § 3; 2005, ch. 99, § 2; 2007, ch. 8, § 1; 2012, ch. 886, §§ 5, 6.
(a) (1) All claims against the estate arising from a debt of the decedent shall be barred unless filed within the period prescribed in the notice published or posted in accordance with § 30-2-306(b) . (2) Before the date that is twelve (12) months from the decedent's date of death, the court may permit the personal representative to distribute the balance of the estate in accordance with § 30-2-701 , make final settlement and enter an order discharging the personal representative. If a creditor files its claim after the estate is closed as permitted in the preceding sentence and before the date that is twelve (12) months from the decedent's date of death, the personal representative shall not be personally liable to the creditor whose recourse will be against the distributees of the estate, each of whom shall share liability on the claim in proportion to the claimant's share of the residue. The burden of proof on any issue as to whether a creditor was known to or reasonably ascertainable by the personal representative, or as to whether actual notice was properly sent in accordance with § 30-2-306 , shall be upon the creditor claiming entitlement to actual notice. In such cases, the distributees of the estate shall be personally liable on a pro rata basis if the court finds the claim is proper and the creditor did not receive the appropriate notice.
(1) All claims against the estate arising from a debt of the decedent shall be barred unless filed within the period prescribed in the notice published or posted in accordance with § 30-2-306(b) .
(2) Before the date that is twelve (12) months from the decedent's date of death, the court may permit the personal representative to distribute the balance of the estate in accordance with § 30-2-701 , make final settlement and enter an order discharging the personal representative. If a creditor files its claim after the estate is closed as permitted in the preceding sentence and before the date that is twelve (12) months from the decedent's date of death, the personal representative shall not be personally liable to the creditor whose recourse will be against the distributees of the estate, each of whom shall share liability on the claim in proportion to the claimant's share of the residue. The burden of proof on any issue as to whether a creditor was known to or reasonably ascertainable by the personal representative, or as to whether actual notice was properly sent in accordance with § 30-2-306 , shall be upon the creditor claiming entitlement to actual notice. In such cases, the distributees of the estate shall be personally liable on a pro rata basis if the court finds the claim is proper and the creditor did not receive the appropriate notice.
(b) When any claim is evidenced by a written instrument, the instrument or a photocopy of the instrument shall be filed; when due by a judgment or decree, a copy of the judgment or decree certified by the clerk of the court where rendered shall be filed; and when due by open account, an itemized statement of the account shall be filed; and every claim shall be verified by affidavit of the creditor before an officer authorized to administer oaths, which affidavit shall state that the claim is a correct, just and valid obligation of the estate of the decedent, that neither the claimant nor any other person on the claimant's behalf has received payment of the claim, in whole or in part, except such as is credited thereon, and that no security for the claim has been received, except as thereon stated.
(c) No claim shall be filed by the clerk nor deemed to be filed unless submitted in triplicate, but the second and third copies need not be verified.
(d) The clerk shall file all claims received not later than twelve (12) months from the decedent's date of death. However, filing of claims by the clerk shall not create an inference as to whether the claims are valid or were timely filed. The clerk shall return any claim submitted before the appointment of a personal representative or received more than twelve (12) months from the decedent's date of death.
(e) (1) A creditor who has timely filed a claim against the estate shall file any amendment to its claim no later than thirty (30) days from the later of: (A) The date an exception to the claim is filed; or (B) The expiration of the exception period. (2) Unless the court with jurisdiction over the probate of the decedent's estate grants an extension of time for amendment on the creditor's showing of extraordinary circumstances, any amendment filed after the time prescribed shall be void.
(1) A creditor who has timely filed a claim against the estate shall file any amendment to its claim no later than thirty (30) days from the later of: (A) The date an exception to the claim is filed; or (B) The expiration of the exception period.
(A) The date an exception to the claim is filed; or
(B) The expiration of the exception period.
(2) Unless the court with jurisdiction over the probate of the decedent's estate grants an extension of time for amendment on the creditor's showing of extraordinary circumstances, any amendment filed after the time prescribed shall be void.
(f) If a claim filed against the decedent's estate is filed by a personal representative of the decedent's estate, the personal representative must provide the clerk of the court with the name and current mailing address of each residuary beneficiary of the decedent's estate at the time the claim is filed.
Amended by 2017 Tenn. Acts, ch. 290,s 1, eff. 7/1/2017.
Acts 1939, ch. 175, § 2; 1947, ch. 137, § 1; C. Supp. 1950, § 8196.2; Acts 1971, ch. 229, § 2; T.C.A. (orig. ed.), § 30-510; Acts 1984, ch. 629, § 1; 1985, ch. 140, § 13; 1988, ch. 854, § 8; 1989, ch. 395, § 3; 2005, ch. 99, § 2; 2007, ch. 8, § 1; 2012, ch. 886, §§ 5, 6.
Tenn. Code Ann. § 30-2-608 — TN Code / Title 30 / Chapter 2 / Section 30-2-608
Incomplete inventory
Status: in_force

Any person interested in any deceased person's estate as legatee, distributee, surviving spouse, creditor, or otherwise, may, at any time before final settlement of the estate, show by proof that the personal representative has not returned a complete inventory, and the article or articles omitted in the inventory shall be debited to the personal representative at the value of the article or articles, unless the personal representative can show a sufficient reason for leaving the article or articles out of the inventory. Code 1858, § 2303 (deriv. Acts 1851-1852, ch. 215, § 1); Shan., § 4039; mod. Code 1932, § 8252; T.C.A. (orig. ed.), § 30-1109.
Any person interested in any deceased person's estate as legatee, distributee, surviving spouse, creditor, or otherwise, may, at any time before final settlement of the estate, show by proof that the personal representative has not returned a complete inventory, and the article or articles omitted in the inventory shall be debited to the personal representative at the value of the article or articles, unless the personal representative can show a sufficient reason for leaving the article or articles out of the inventory.
Code 1858, § 2303 (deriv. Acts 1851-1852, ch. 215, § 1); Shan., § 4039; mod. Code 1932, § 8252; T.C.A. (orig. ed.), § 30-1109.
Tenn. Code Ann. § 30-1-309 — TN Code / Title 30 / Chapter 1 / Section 30-1-309
Guardian appointed for minor
Status: in_force

Where any party interested in the estate is a minor, the court may appoint a guardian for the minor. Code 1858, § 2217 (deriv. Acts 1841-1842, ch. 177, § 3); Shan., § 3951; Code 1932, § 8163; T.C.A. (orig. ed.) § 30-309.
Where any party interested in the estate is a minor, the court may appoint a guardian for the minor.
Code 1858, § 2217 (deriv. Acts 1841-1842, ch. 177, § 3); Shan., § 3951; Code 1932, § 8163; T.C.A. (orig. ed.) § 30-309.
Tenn. Code Ann. § 30-2-313 — TN Code / Title 30 / Chapter 2 / Section 30-2-313
Notice of filing claim - Exceptions to claims - Jury trials upon demand
Status: in_force

(a) The clerk of the court, within five (5) days after the filing of a claim and its entry in the claim book as provided in § 30-2-312 , shall give written notice to the personal representative and the attorney of record of the filing of the claim, by mailing each a true and correct copy of the claim. (b) If a personal representative of the decedent's estate files a claim against the estate of the decedent, the clerk of the court, within five (5) days after the filing of a claim and the entry thereof in the claim book as provided in § 30-2-312 , shall give written notice to each residuary beneficiary of the decedent's estate of the filing of the claim, by mailing each a true and correct copy of the claim. The notice required by this subsection (b) is in addition to the notice required to be given by subsection (a). (c) A claim shall not become a final judgment against the estate until after the expiration of the exception period prescribed in § 30-2-314(a) . (d) Should the claimant or the party excepting desire a trial by jury, it shall be demanded by that party in the first claim or exception filed. However, a claimant who has not demanded a jury in the claimant's claim may do so within five (5) days after receipt of notice of the filing of exceptions to the claimant's claim by filing a written demand for a jury with the probate court clerk. Amended by 2017 Tenn. Acts, ch. 290,s 2, eff. 7/1/2017. Acts 1939, ch. 175, § 2; 1947, ch. 137, § 2; 1947, ch. 213, § 1; C. Supp. 1950, § 8196.2; T.C.A. (orig. ed.), § 30-516; Acts 1985, ch. 140, § 15; 1989, ch. 395, §§ 5, 6.
(a) The clerk of the court, within five (5) days after the filing of a claim and its entry in the claim book as provided in § 30-2-312 , shall give written notice to the personal representative and the attorney of record of the filing of the claim, by mailing each a true and correct copy of the claim.
(b) If a personal representative of the decedent's estate files a claim against the estate of the decedent, the clerk of the court, within five (5) days after the filing of a claim and the entry thereof in the claim book as provided in § 30-2-312 , shall give written notice to each residuary beneficiary of the decedent's estate of the filing of the claim, by mailing each a true and correct copy of the claim. The notice required by this subsection (b) is in addition to the notice required to be given by subsection (a).
(c) A claim shall not become a final judgment against the estate until after the expiration of the exception period prescribed in § 30-2-314(a) .
(d) Should the claimant or the party excepting desire a trial by jury, it shall be demanded by that party in the first claim or exception filed. However, a claimant who has not demanded a jury in the claimant's claim may do so within five (5) days after receipt of notice of the filing of exceptions to the claimant's claim by filing a written demand for a jury with the probate court clerk.
Amended by 2017 Tenn. Acts, ch. 290,s 2, eff. 7/1/2017.
Acts 1939, ch. 175, § 2; 1947, ch. 137, § 2; 1947, ch. 213, § 1; C. Supp. 1950, § 8196.2; T.C.A. (orig. ed.), § 30-516; Acts 1985, ch. 140, § 15; 1989, ch. 395, §§ 5, 6.
Tenn. Code Ann. § 30-1-202 — TN Code / Title 30 / Chapter 1 / Section 30-1-202
Increasing amount of bond or adding sureties
Status: in_force

The court shall, upon a showing made by any person interested in the estate that the bond is not sufficient either as to the amount or as to the solvency of the surety or sureties, increase the bond as to amount or require additional sureties, or both, so as fully to protect all persons interested. Acts 1923, ch. 48, § 1; Shan. Supp., § 3957a; 1; mod. Code 1932, § 8170; T.C.A. (orig. ed.), § 30-202.
The court shall, upon a showing made by any person interested in the estate that the bond is not sufficient either as to the amount or as to the solvency of the surety or sureties, increase the bond as to amount or require additional sureties, or both, so as fully to protect all persons interested.
Acts 1923, ch. 48, § 1; Shan. Supp., § 3957a; 1; mod. Code 1932, § 8170; T.C.A. (orig. ed.), § 30-202.
Tenn. Code Ann. § 30-1-306 — TN Code / Title 30 / Chapter 1 / Section 30-1-306
Bond
Status: in_force

If the appointment is made in vacation, the complainant shall be required to give bond, with surety, in double the value of the estate to be administered, payable to the state, conditioned that the administrator shall render a true inventory of the estate to the court at its next term, so far as it may come to the administrator's knowledge, and that the administrator will deliver the assets over, or place the assets, or the proceeds, under the charge of the court. Code 1858, § 2214 (deriv. Acts 1841-1842, ch. 177, § 4); Shan., § 3948; Code 1932, § 8160; T.C.A. (orig. ed.), § 30-306.
If the appointment is made in vacation, the complainant shall be required to give bond, with surety, in double the value of the estate to be administered, payable to the state, conditioned that the administrator shall render a true inventory of the estate to the court at its next term, so far as it may come to the administrator's knowledge, and that the administrator will deliver the assets over, or place the assets, or the proceeds, under the charge of the court.
Code 1858, § 2214 (deriv. Acts 1841-1842, ch. 177, § 4); Shan., § 3948; Code 1932, § 8160; T.C.A. (orig. ed.), § 30-306.
Tenn. Code Ann. § 30-3-207 — TN Code / Title 30 / Chapter 3 / Section 30-3-207
Oath and bond
Status: in_force

(a) Every conservator, before exercising authority as conservator, shall take oath to faithfully perform the duties of conservator and to render true accounts whenever required according to law, which oath may be administered by any officer authorized to administer oaths under the laws of this state. The oath shall be filed with the court. (b) The court may require the conservator to give bond in the same manner as that required of incompetents as set forth in [former] title 34, chapter 4 [repealed]. Acts 1972, ch. 785, §§ 7, 8; T.C.A., §§ 30-1907, 30-1908.
(a) Every conservator, before exercising authority as conservator, shall take oath to faithfully perform the duties of conservator and to render true accounts whenever required according to law, which oath may be administered by any officer authorized to administer oaths under the laws of this state. The oath shall be filed with the court.
(b) The court may require the conservator to give bond in the same manner as that required of incompetents as set forth in [former] title 34, chapter 4 [repealed].
Acts 1972, ch. 785, §§ 7, 8; T.C.A., §§ 30-1907, 30-1908.
Tenn. Code Ann. § 30-4-104 — TN Code / Title 30 / Chapter 4 / Section 30-4-104
Provision of copies of limited letters of administration - Distribution of property - Remedies for personal representative - Conversion of estate
Status: in_force

(a) Each person indebted to the decedent's estate, having possession of any property belonging to the estate, or acting as registrar or transfer agent of any shares of stocks, bonds, notes, or other evidence of ownership, indebtedness, or right belonging to the decedent's estate must be furnished with a copy of the limited letters of administration of a small estate or limited letters testamentary of a small estate by the personal representative, duly certified by the clerk of the court. Upon receipt of a copy of the limited letters of administration of a small estate or limited letters testamentary of a small estate and demand by the personal representative, each person furnished a copy of the limited letters under this subsection (a) shall pay, transfer, and deliver to the personal representative: (1) All indebtedness owing by the recipient; and (2) Other property in possession of, or subject to, registration or transfer by the recipient. (b) A person making payment, transfer, or delivery of property belonging to a decedent's estate to the personal representative pursuant to this chapter is released and discharged from all further liability to the estate and its creditors to the same extent as if the payment, transfer, or delivery were made to the duly appointed, qualified, and acting personal representative of the decedent. The person making the payment, transfer, or delivery shall not be required to see to its application. (c) The decedent's property must be distributed either to the decedent's heirs as provided by law or, if there is a will, in accordance with the terms of the decedent's will admitted to probate as a muniment of title or filed with the clerk as provided in § 30-4-103(1)(B)(ii) . The person to whom payment, transfer, or delivery of any property of the decedent is made by the personal representative shall be liable and remain liable up to one (1) year from the date of payment, transfer, or delivery, to the extent of the value of the property received, to unpaid creditors of the decedent, to anyone who had a prior right to the decedent's property, or to any personal representative of the decedent thereafter appointed. If distribution is made prior to payment of all medical assistance owed to TennCare under § 71-5-116 , then both the personal representative and the person to whom payment, transfer, or delivery is made by the personal representative shall be liable to TennCare and remain liable, to the extent of the value of the property received. (d) If a person having possession of any of the decedent's property, upon receipt of a copy of the limited letters issued by the clerk, refuses to pay, transfer, or deliver the property to, or at the direction of, the personal representative, then: (1) The property may be recovered; or (2) (A) Transfer and delivery of the property may be compelled in an action brought in a court of competent jurisdiction for that purpose upon proof of the facts required to be stated in the petition; and (B) Costs of the proceeding must be adjudged against the person wrongfully refusing to pay, transfer, or deliver the property. (e) If, during the administration of the small estate pursuant to the limited letters, the personal representative or a creditor of the decedent discovers additional assets that exceed the statutory small estate limitation, then the court may allow the small estate administration to be converted into probate administration by application of a verified petition to the court pursuant to § 30-1-117 by the personal representative of the small estate or a creditor of the decedent. The personal representative of the small estate, if the property of the decedent has not been paid, transferred, or delivered, or the person or persons to whom the property of the decedent has been paid, transferred, or delivered, is liable for the assets that have been paid, transferred, or delivered prior to the conversion. Amended by 2023 Tenn. Acts, ch. 297, s 1, eff. 4/28/2023. Amended by 2022 Tenn. Acts, ch. 665, s 3, eff. 7/1/2022. Amended by 2017 Tenn. Acts, ch. 290, s 6, eff. 5/4/2017. Acts 1972, ch. 687, § 4; T.C.A., § 30-2004.
(a) Each person indebted to the decedent's estate, having possession of any property belonging to the estate, or acting as registrar or transfer agent of any shares of stocks, bonds, notes, or other evidence of ownership, indebtedness, or right belonging to the decedent's estate must be furnished with a copy of the limited letters of administration of a small estate or limited letters testamentary of a small estate by the personal representative, duly certified by the clerk of the court. Upon receipt of a copy of the limited letters of administration of a small estate or limited letters testamentary of a small estate and demand by the personal representative, each person furnished a copy of the limited letters under this subsection (a) shall pay, transfer, and deliver to the personal representative: (1) All indebtedness owing by the recipient; and (2) Other property in possession of, or subject to, registration or transfer by the recipient.
(1) All indebtedness owing by the recipient; and
(2) Other property in possession of, or subject to, registration or transfer by the recipient.
(b) A person making payment, transfer, or delivery of property belonging to a decedent's estate to the personal representative pursuant to this chapter is released and discharged from all further liability to the estate and its creditors to the same extent as if the payment, transfer, or delivery were made to the duly appointed, qualified, and acting personal representative of the decedent. The person making the payment, transfer, or delivery shall not be required to see to its application.
(c) The decedent's property must be distributed either to the decedent's heirs as provided by law or, if there is a will, in accordance with the terms of the decedent's will admitted to probate as a muniment of title or filed with the clerk as provided in § 30-4-103(1)(B)(ii) . The person to whom payment, transfer, or delivery of any property of the decedent is made by the personal representative shall be liable and remain liable up to one (1) year from the date of payment, transfer, or delivery, to the extent of the value of the property received, to unpaid creditors of the decedent, to anyone who had a prior right to the decedent's property, or to any personal representative of the decedent thereafter appointed. If distribution is made prior to payment of all medical assistance owed to TennCare under § 71-5-116 , then both the personal representative and the person to whom payment, transfer, or delivery is made by the personal representative shall be liable to TennCare and remain liable, to the extent of the value of the property received.
(d) If a person having possession of any of the decedent's property, upon receipt of a copy of the limited letters issued by the clerk, refuses to pay, transfer, or deliver the property to, or at the direction of, the personal representative, then: (1) The property may be recovered; or (2) (A) Transfer and delivery of the property may be compelled in an action brought in a court of competent jurisdiction for that purpose upon proof of the facts required to be stated in the petition; and (B) Costs of the proceeding must be adjudged against the person wrongfully refusing to pay, transfer, or deliver the property.
(1) The property may be recovered; or
(2) (A) Transfer and delivery of the property may be compelled in an action brought in a court of competent jurisdiction for that purpose upon proof of the facts required to be stated in the petition; and (B) Costs of the proceeding must be adjudged against the person wrongfully refusing to pay, transfer, or deliver the property.
(A) Transfer and delivery of the property may be compelled in an action brought in a court of competent jurisdiction for that purpose upon proof of the facts required to be stated in the petition; and
(B) Costs of the proceeding must be adjudged against the person wrongfully refusing to pay, transfer, or deliver the property.
(e) If, during the administration of the small estate pursuant to the limited letters, the personal representative or a creditor of the decedent discovers additional assets that exceed the statutory small estate limitation, then the court may allow the small estate administration to be converted into probate administration by application of a verified petition to the court pursuant to § 30-1-117 by the personal representative of the small estate or a creditor of the decedent. The personal representative of the small estate, if the property of the decedent has not been paid, transferred, or delivered, or the person or persons to whom the property of the decedent has been paid, transferred, or delivered, is liable for the assets that have been paid, transferred, or delivered prior to the conversion.
Amended by 2023 Tenn. Acts, ch. 297, s 1, eff. 4/28/2023.
Amended by 2022 Tenn. Acts, ch. 665, s 3, eff. 7/1/2022.
Amended by 2017 Tenn. Acts, ch. 290, s 6, eff. 5/4/2017.
Acts 1972, ch. 687, § 4; T.C.A., § 30-2004.
Tenn. Code Ann. § 30-2-204 — TN Code / Title 30 / Chapter 2 / Section 30-2-204
Application for homestead - Action to set aside property so designated
Status: in_force

(a) The surviving spouse may make application to any one of the courts named in § 30-2-202 in the county where the husband or wife, as the case may be, last resided before death, for the appointment of two (2) freeholders or householders of the county, unconnected by affinity or consanguinity with those interested in the estate of the deceased, to allot and set apart the homestead to the applicant, in connection with the county surveyor, or the surveyor's deputy. (b) Any action to set aside the property designated in this section shall be brought within the time limits set by § 31-4-102 . Code 1858, § 2411 (deriv. Acts 1849-1850, ch. 77, § 2); Shan., § 4154; mod. Code 1932, § 8371; Acts 1976, ch. 529, § 14; T.C.A. (orig. ed.), § 30-906; Acts 1999, ch. 491, § 3.
(a) The surviving spouse may make application to any one of the courts named in § 30-2-202 in the county where the husband or wife, as the case may be, last resided before death, for the appointment of two (2) freeholders or householders of the county, unconnected by affinity or consanguinity with those interested in the estate of the deceased, to allot and set apart the homestead to the applicant, in connection with the county surveyor, or the surveyor's deputy.
(b) Any action to set aside the property designated in this section shall be brought within the time limits set by § 31-4-102 .
Code 1858, § 2411 (deriv. Acts 1849-1850, ch. 77, § 2); Shan., § 4154; mod. Code 1932, § 8371; Acts 1976, ch. 529, § 14; T.C.A. (orig. ed.), § 30-906; Acts 1999, ch. 491, § 3.
Tenn. Code Ann. § 30-4-105 — TN Code / Title 30 / Chapter 4 / Section 30-4-105
[Repealed]
Status: repealed

Repealed by 2023 Tenn. Acts, ch. 297,s 1, eff. 4/28/2023. Acts 1972, ch. 687, § 5; T.C.A., § 30-2005.
Repealed by 2023 Tenn. Acts, ch. 297,s 1, eff. 4/28/2023.
Acts 1972, ch. 687, § 5; T.C.A., § 30-2005.
Tenn. Code Ann. § 30-2-410 — TN Code / Title 30 / Chapter 2 / Section 30-2-410
Proceeding by scire facias when personalty exhausted or insufficient
Status: in_force

Where, in a suit against an executor or administrator, the plea of "fully administered," "no assets," or "not sufficient assets to satisfy the plaintiff's demand," is found in favor of an executor or administrator, the plaintiff may proceed to ascertainment of the plaintiff's demand, and entry of judgment; but before taking out execution against the real estate of the deceased debtor, the heirs or devisees of the deceased debtor shall be summoned by scire facias to show cause why execution should not be issued against the real estate for the amount of the judgment, or so much of it as there may not be personal assets to discharge. Code 1858, §§ 2258, 2259 (deriv. Acts 1784 (Oct.), ch. 11, § 2); Shan., §§ 3991, 3992; Code 1932, §§ 8203, 8204; modified; T.C.A. (orig. ed.), § 30-612.
Where, in a suit against an executor or administrator, the plea of "fully administered," "no assets," or "not sufficient assets to satisfy the plaintiff's demand," is found in favor of an executor or administrator, the plaintiff may proceed to ascertainment of the plaintiff's demand, and entry of judgment; but before taking out execution against the real estate of the deceased debtor, the heirs or devisees of the deceased debtor shall be summoned by scire facias to show cause why execution should not be issued against the real estate for the amount of the judgment, or so much of it as there may not be personal assets to discharge.
Code 1858, §§ 2258, 2259 (deriv. Acts 1784 (Oct.), ch. 11, § 2); Shan., §§ 3991, 3992; Code 1932, §§ 8203, 8204; modified; T.C.A. (orig. ed.), § 30-612.
Tenn. Code Ann. § 30-2-103 — TN Code / Title 30 / Chapter 2 / Section 30-2-103
Designation of beneficiary - Wages and debts owed deceased employee
Status: in_force

(a) (1) An employee may designate a beneficiary to receive payment for any wages or salary due such employee at the time of the employee's death. (2) The employer is encouraged to inform the employee of this right at the time the employee is hired. (3) If the employee fails to designate such beneficiary as provided for in subdivision (a)(1), the employer shall pay out such wages and salary according to subsection (b). (b) (1) A sum not exceeding ten thousand dollars ($10,000) is authorized to be paid directly to the surviving spouse of a decedent, but if none, then to the surviving children of the decedent as tenants in common, as follows: (A) By an employer any wages or other compensation owed a deceased employee at the time of the employee's death; (B) By any other person owing, or holding funds for, a decedent if six (6) months have passed since the decedent's death without application having been made for the appointment of a personal representative. However, if such funds exceed ten thousand dollars ($10,000), the excess shall be paid to the personal representative or as otherwise ordered by the court. (2) All sums paid pursuant to this subsection (b) shall be charged against the elective share, homestead allowance, and year's support allowance as applicable. If one entitled to receive payment hereunder is a minor, the sum shall be paid to the guardian or custodian for the minor's benefit. Acts 1967, ch. 146, § 1; 1969, ch. 135, § 4; 1971, ch. 291, § 1; impl. am. Acts 1976, ch. 529, § 1; T.C.A., § 30-804; Acts 1987, ch. 322, § 7; 1993, ch. 449, §§ 4, 5; 1995, ch. 182, § 1; 1997, ch. 426, § 4.
(a) (1) An employee may designate a beneficiary to receive payment for any wages or salary due such employee at the time of the employee's death. (2) The employer is encouraged to inform the employee of this right at the time the employee is hired. (3) If the employee fails to designate such beneficiary as provided for in subdivision (a)(1), the employer shall pay out such wages and salary according to subsection (b).
(1) An employee may designate a beneficiary to receive payment for any wages or salary due such employee at the time of the employee's death.
(2) The employer is encouraged to inform the employee of this right at the time the employee is hired.
(3) If the employee fails to designate such beneficiary as provided for in subdivision (a)(1), the employer shall pay out such wages and salary according to subsection (b).
(b) (1) A sum not exceeding ten thousand dollars ($10,000) is authorized to be paid directly to the surviving spouse of a decedent, but if none, then to the surviving children of the decedent as tenants in common, as follows: (A) By an employer any wages or other compensation owed a deceased employee at the time of the employee's death; (B) By any other person owing, or holding funds for, a decedent if six (6) months have passed since the decedent's death without application having been made for the appointment of a personal representative. However, if such funds exceed ten thousand dollars ($10,000), the excess shall be paid to the personal representative or as otherwise ordered by the court. (2) All sums paid pursuant to this subsection (b) shall be charged against the elective share, homestead allowance, and year's support allowance as applicable. If one entitled to receive payment hereunder is a minor, the sum shall be paid to the guardian or custodian for the minor's benefit.
(1) A sum not exceeding ten thousand dollars ($10,000) is authorized to be paid directly to the surviving spouse of a decedent, but if none, then to the surviving children of the decedent as tenants in common, as follows: (A) By an employer any wages or other compensation owed a deceased employee at the time of the employee's death; (B) By any other person owing, or holding funds for, a decedent if six (6) months have passed since the decedent's death without application having been made for the appointment of a personal representative. However, if such funds exceed ten thousand dollars ($10,000), the excess shall be paid to the personal representative or as otherwise ordered by the court.
(A) By an employer any wages or other compensation owed a deceased employee at the time of the employee's death;
(B) By any other person owing, or holding funds for, a decedent if six (6) months have passed since the decedent's death without application having been made for the appointment of a personal representative. However, if such funds exceed ten thousand dollars ($10,000), the excess shall be paid to the personal representative or as otherwise ordered by the court.
(2) All sums paid pursuant to this subsection (b) shall be charged against the elective share, homestead allowance, and year's support allowance as applicable. If one entitled to receive payment hereunder is a minor, the sum shall be paid to the guardian or custodian for the minor's benefit.
Acts 1967, ch. 146, § 1; 1969, ch. 135, § 4; 1971, ch. 291, § 1; impl. am. Acts 1976, ch. 529, § 1; T.C.A., § 30-804; Acts 1987, ch. 322, § 7; 1993, ch. 449, §§ 4, 5; 1995, ch. 182, § 1; 1997, ch. 426, § 4.
Tenn. Code Ann. § 30-1-404 — TN Code / Title 30 / Chapter 1 / Section 30-1-404
Duty to enter upon administration, guardianship, or trusteeship of estates - Appointment of public trustee - Appointment of public receiver to determine need for temporary or permanent receiver
Status: in_force

(a) Should any person entitled to the administration of an estate, or to the guardianship of any minor, or person found to be incompetent, fail or neglect to apply to the probate court having jurisdiction, and take out letters of administration and guardianship, within six (6) months after the death of the intestate, or within three (3) months after the settlement of the estate by the administrator, it shall be the duty of the administrator or guardian, provided for in this part immediately to enter upon the administration or guardianship of the estates, as the case may be, first applying to the probate court, for the necessary letters of administration or guardianship. (b) Should any person entitled to serve as trustee under an inter vivos or testamentary instrument die, decline to serve or resign and if: (1) There is no individual or corporate successor or substitute trustee designated by the instrument who is willing and qualified to serve; (2) The instrument does not contain provisions for the appointment of a successor or substitute and no adult income beneficiary or vested remainderman petitions for the appointment of a successor or substitute trustee within three (3) months after there is a vacancy in office or all sooner waive this right; or (3) The court in its discretion in a proceeding pursuant to § 35-15-414 determines that a small trust should not be terminated but a successor trustee should be appointed; the court may appoint the public trustee who shall be granted letters of trusteeship and immediately enter into the administration of the trust, provided that the then market value of the trust estate does not exceed one hundred thousand dollars ($100,000). The public trustee shall file accountings with the court each twelve (12) months after the public trustee's qualification. (c) Upon motion of the personal representative, an interested party, or upon the court's own motion, the probate court or chancery court may appoint the public receiver to determine the need for a temporary or permanent receiver. The public receiver must submit a report of its recommendations to the court, which report must be served via United States mail to the personal representative and all known interested parties. The report is subject to the same review as a report of a special master. Upon a hearing, the court may appoint a receiver with such powers as are necessary, consistent with those extended to receivers in absentees' estates. Amended by 2022 Tenn. Acts, ch. 912, s 6, eff. 7/1/2022. Acts 1870, ch. 98, § 4; 1870-1871, ch. 114; 1883, ch. 108, § 1; Shan., § 586; Code 1932, § 840; T.C.A. (orig. ed.), § 30-1504; Acts 1987, ch. 322, § 4; 2009 , ch. 477, § 2.
(a) Should any person entitled to the administration of an estate, or to the guardianship of any minor, or person found to be incompetent, fail or neglect to apply to the probate court having jurisdiction, and take out letters of administration and guardianship, within six (6) months after the death of the intestate, or within three (3) months after the settlement of the estate by the administrator, it shall be the duty of the administrator or guardian, provided for in this part immediately to enter upon the administration or guardianship of the estates, as the case may be, first applying to the probate court, for the necessary letters of administration or guardianship.
(b) Should any person entitled to serve as trustee under an inter vivos or testamentary instrument die, decline to serve or resign and if: (1) There is no individual or corporate successor or substitute trustee designated by the instrument who is willing and qualified to serve; (2) The instrument does not contain provisions for the appointment of a successor or substitute and no adult income beneficiary or vested remainderman petitions for the appointment of a successor or substitute trustee within three (3) months after there is a vacancy in office or all sooner waive this right; or (3) The court in its discretion in a proceeding pursuant to § 35-15-414 determines that a small trust should not be terminated but a successor trustee should be appointed; the court may appoint the public trustee who shall be granted letters of trusteeship and immediately enter into the administration of the trust, provided that the then market value of the trust estate does not exceed one hundred thousand dollars ($100,000). The public trustee shall file accountings with the court each twelve (12) months after the public trustee's qualification.
(1) There is no individual or corporate successor or substitute trustee designated by the instrument who is willing and qualified to serve;
(2) The instrument does not contain provisions for the appointment of a successor or substitute and no adult income beneficiary or vested remainderman petitions for the appointment of a successor or substitute trustee within three (3) months after there is a vacancy in office or all sooner waive this right; or
(3) The court in its discretion in a proceeding pursuant to § 35-15-414 determines that a small trust should not be terminated but a successor trustee should be appointed; the court may appoint the public trustee who shall be granted letters of trusteeship and immediately enter into the administration of the trust, provided that the then market value of the trust estate does not exceed one hundred thousand dollars ($100,000). The public trustee shall file accountings with the court each twelve (12) months after the public trustee's qualification.
the court may appoint the public trustee who shall be granted letters of trusteeship and immediately enter into the administration of the trust, provided that the then market value of the trust estate does not exceed one hundred thousand dollars ($100,000). The public trustee shall file accountings with the court each twelve (12) months after the public trustee's qualification.
(c) Upon motion of the personal representative, an interested party, or upon the court's own motion, the probate court or chancery court may appoint the public receiver to determine the need for a temporary or permanent receiver. The public receiver must submit a report of its recommendations to the court, which report must be served via United States mail to the personal representative and all known interested parties. The report is subject to the same review as a report of a special master. Upon a hearing, the court may appoint a receiver with such powers as are necessary, consistent with those extended to receivers in absentees' estates.
Amended by 2022 Tenn. Acts, ch. 912, s 6, eff. 7/1/2022.
Acts 1870, ch. 98, § 4; 1870-1871, ch. 114; 1883, ch. 108, § 1; Shan., § 586; Code 1932, § 840; T.C.A. (orig. ed.), § 30-1504; Acts 1987, ch. 322, § 4; 2009 , ch. 477, § 2.
Tenn. Code Ann. § 30-2-503 — TN Code / Title 30 / Chapter 2 / Section 30-2-503
Revival of judgments against deceased
Status: in_force

Judgments obtained against the deceased in the deceased's lifetime may be revived without delay. Code 1858, § 2277 (deriv. Acts 1831, ch. 23, § 3); Shan., § 4010; Code 1932, § 8223; T.C.A. (orig. ed.), § 30-1004.
Judgments obtained against the deceased in the deceased's lifetime may be revived without delay.
Code 1858, § 2277 (deriv. Acts 1831, ch. 23, § 3); Shan., § 4010; Code 1932, § 8223; T.C.A. (orig. ed.), § 30-1004.
Tenn. Code Ann. § 30-2-612 — TN Code / Title 30 / Chapter 2 / Section 30-2-612
Balance payable to clerk's office - Award of execution
Status: in_force

After the settlement of any administrator's or executor's account, the probate court may compel the personal representative to pay into the office of the clerk the balance found against the personal representative, and may, on motion of the clerk or any surviving spouse, distributee, or legatee, after twenty (20) days' notice to the personal representative, award summarily an execution against the representative and the personal representative's sureties for the amount of the balance, as in case of a judgment at law, and when any specific thing is to be done, the probate court may compel the representative, by an order, to perform it, and by process of contempt in case of refusal. Code 1858, § 2307; Acts 1871, ch. 51, § 1; Shan., § 4043; Code 1932, § 8256; T.C.A. (orig. ed.), § 30-1113.
After the settlement of any administrator's or executor's account, the probate court may compel the personal representative to pay into the office of the clerk the balance found against the personal representative, and may, on motion of the clerk or any surviving spouse, distributee, or legatee, after twenty (20) days' notice to the personal representative, award summarily an execution against the representative and the personal representative's sureties for the amount of the balance, as in case of a judgment at law, and when any specific thing is to be done, the probate court may compel the representative, by an order, to perform it, and by process of contempt in case of refusal.
Code 1858, § 2307; Acts 1871, ch. 51, § 1; Shan., § 4043; Code 1932, § 8256; T.C.A. (orig. ed.), § 30-1113.
Tenn. Code Ann. § 30-2-401 — TN Code / Title 30 / Chapter 2 / Section 30-2-401
Jurisdiction to sell realty - Procedure
Status: in_force

The probate court shall have concurrent jurisdiction with the chancery and circuit courts to sell real estate of decedents and for distribution or partition, and the mode of procedure in such a case in the probate court shall conform in every respect to the rules and regulations laid down for the conduct of similar causes in the chancery and circuit courts. Acts 1873, ch. 64, §§ 1, 2; Shan., § 4067; Code 1932, § 8263; T.C.A. (orig. ed.), § 30-601.
The probate court shall have concurrent jurisdiction with the chancery and circuit courts to sell real estate of decedents and for distribution or partition, and the mode of procedure in such a case in the probate court shall conform in every respect to the rules and regulations laid down for the conduct of similar causes in the chancery and circuit courts.
Acts 1873, ch. 64, §§ 1, 2; Shan., § 4067; Code 1932, § 8263; T.C.A. (orig. ed.), § 30-601.
Tenn. Code Ann. § 30-2-415 — TN Code / Title 30 / Chapter 2 / Section 30-2-415
Contribution among devisees or heirs
Status: in_force

If upon a judgment or decree pursuant to § 30-2-414 , a devisee or heir is evicted from the real estate devised or descended to the devisee or heir, the devisee or heir may bring an action at law or suit in equity against the other devisee or devisees, heir or heirs, for the evicted devisee or heir's proportion of the value of the land sold, suggesting in the declaration or bill of complaint the value of the several devises or descents, and the recovery against the other devisee or devisees, heir or heirs, shall be in proportion to the value of all the devises or inheritances proved on the trial, without regard to the sum for which the estate of which the devisee or heir was evicted was sold. Code 1858, § 2265 (deriv. Acts 1784 (Oct.), ch. 11, § 6); Shan., § 3998; mod. Code 1932, § 8210; T.C.A. (orig. ed.), § 30-618.
If upon a judgment or decree pursuant to § 30-2-414 , a devisee or heir is evicted from the real estate devised or descended to the devisee or heir, the devisee or heir may bring an action at law or suit in equity against the other devisee or devisees, heir or heirs, for the evicted devisee or heir's proportion of the value of the land sold, suggesting in the declaration or bill of complaint the value of the several devises or descents, and the recovery against the other devisee or devisees, heir or heirs, shall be in proportion to the value of all the devises or inheritances proved on the trial, without regard to the sum for which the estate of which the devisee or heir was evicted was sold.
Code 1858, § 2265 (deriv. Acts 1784 (Oct.), ch. 11, § 6); Shan., § 3998; mod. Code 1932, § 8210; T.C.A. (orig. ed.), § 30-618.
Tenn. Code Ann. § 30-3-109 — TN Code / Title 30 / Chapter 3 / Section 30-3-109
Claim of absentee barred by judgment
Status: in_force

No action shall be brought by an absentee to recover any portion of the absentee's property after the final finding and judgment provided for in § 30-3-108 . Acts 1941, ch. 102, § 7; C. Supp. 1950, § 8407.16; T.C.A. (orig. ed.), § 30-1809.
No action shall be brought by an absentee to recover any portion of the absentee's property after the final finding and judgment provided for in § 30-3-108 .
Acts 1941, ch. 102, § 7; C. Supp. 1950, § 8407.16; T.C.A. (orig. ed.), § 30-1809.
Tenn. Code Ann. § 30-2-315 — TN Code / Title 30 / Chapter 2 / Section 30-2-315
Trial of disputed claims where no jury demanded - Appeals - Independent suits, effect
Status: in_force

(a) (1) The clerk shall, within ten (10) days after the filing of exceptions to a claim, in which matter no jury is demanded, as herein provided, fix a date for the hearing thereof by the court, and mail notice of the hearing to the personal representative, to the claimant whose claim has been excepted to, and to the party filing the exception. The date so fixed shall be not less than fifteen (15) days after the date of the mailing of the notice, nor more than eight (8) months after the date of the notice to creditors. (2) The court shall hear and determine all issues arising upon all the exceptions. (3) No other pleadings shall be required and the testimony may be taken orally or by deposition. (4) The court shall assess the costs accruing in consequence of the exceptions in accordance with its discretion, and all costs assessed against the personal representative shall be a proper charge against the estate. (b) A judgment upon the findings of the court shall be entered in the court and from the judgment an appeal may be perfected within thirty (30) days from the date of entry of the judgment, to the court of appeals or the supreme court, as the case may be. The procedure on appeal shall be governed by the Tennessee Rules of Appellate Procedure. (c) (1) Notwithstanding §§ 30-2-306 - 30-2-314, whenever there is instituted in any other court of competent jurisdiction an independent suit against a personal representative involving liability of the estate, and a claim founded on the same cause of action is or has been filed against the estate in the manner provided in §§ 30-2-307 and 30-2-308 , which claim has not been adjudicated by the court in which the administration is pending, the court in which the administration is pending shall hold in abeyance any action on the claim until the final determination of the independent suit, whereupon, on the filing of a certified copy of the final judgment or decree with the clerk of the court in which the administration is pending, that court is authorized to enter judgment accordingly. (2) This subsection (c) is not intended to deprive the judgment creditor of any other remedy provided by law for the enforcement of the final judgment or decree rendered in the independent suit. Acts 1939, ch. 175, § 3A, as added by Acts 1947, ch. 213, § 2; mod. C. Supp. 1950, § 8196.4 (Williams, § 8196.3a); Acts 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 30-518; Acts 1985, ch. 140, § 17.
(a) (1) The clerk shall, within ten (10) days after the filing of exceptions to a claim, in which matter no jury is demanded, as herein provided, fix a date for the hearing thereof by the court, and mail notice of the hearing to the personal representative, to the claimant whose claim has been excepted to, and to the party filing the exception. The date so fixed shall be not less than fifteen (15) days after the date of the mailing of the notice, nor more than eight (8) months after the date of the notice to creditors. (2) The court shall hear and determine all issues arising upon all the exceptions. (3) No other pleadings shall be required and the testimony may be taken orally or by deposition. (4) The court shall assess the costs accruing in consequence of the exceptions in accordance with its discretion, and all costs assessed against the personal representative shall be a proper charge against the estate.
(1) The clerk shall, within ten (10) days after the filing of exceptions to a claim, in which matter no jury is demanded, as herein provided, fix a date for the hearing thereof by the court, and mail notice of the hearing to the personal representative, to the claimant whose claim has been excepted to, and to the party filing the exception. The date so fixed shall be not less than fifteen (15) days after the date of the mailing of the notice, nor more than eight (8) months after the date of the notice to creditors.
(2) The court shall hear and determine all issues arising upon all the exceptions.
(3) No other pleadings shall be required and the testimony may be taken orally or by deposition.
(4) The court shall assess the costs accruing in consequence of the exceptions in accordance with its discretion, and all costs assessed against the personal representative shall be a proper charge against the estate.
(b) A judgment upon the findings of the court shall be entered in the court and from the judgment an appeal may be perfected within thirty (30) days from the date of entry of the judgment, to the court of appeals or the supreme court, as the case may be. The procedure on appeal shall be governed by the Tennessee Rules of Appellate Procedure.
(c) (1) Notwithstanding §§ 30-2-306 - 30-2-314, whenever there is instituted in any other court of competent jurisdiction an independent suit against a personal representative involving liability of the estate, and a claim founded on the same cause of action is or has been filed against the estate in the manner provided in §§ 30-2-307 and 30-2-308 , which claim has not been adjudicated by the court in which the administration is pending, the court in which the administration is pending shall hold in abeyance any action on the claim until the final determination of the independent suit, whereupon, on the filing of a certified copy of the final judgment or decree with the clerk of the court in which the administration is pending, that court is authorized to enter judgment accordingly. (2) This subsection (c) is not intended to deprive the judgment creditor of any other remedy provided by law for the enforcement of the final judgment or decree rendered in the independent suit.
(1) Notwithstanding §§ 30-2-306 - 30-2-314, whenever there is instituted in any other court of competent jurisdiction an independent suit against a personal representative involving liability of the estate, and a claim founded on the same cause of action is or has been filed against the estate in the manner provided in §§ 30-2-307 and 30-2-308 , which claim has not been adjudicated by the court in which the administration is pending, the court in which the administration is pending shall hold in abeyance any action on the claim until the final determination of the independent suit, whereupon, on the filing of a certified copy of the final judgment or decree with the clerk of the court in which the administration is pending, that court is authorized to enter judgment accordingly.
(2) This subsection (c) is not intended to deprive the judgment creditor of any other remedy provided by law for the enforcement of the final judgment or decree rendered in the independent suit.
Acts 1939, ch. 175, § 3A, as added by Acts 1947, ch. 213, § 2; mod. C. Supp. 1950, § 8196.4 (Williams, § 8196.3a); Acts 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 30-518; Acts 1985, ch. 140, § 17.
Tenn. Code Ann. § 30-1-208 — TN Code / Title 30 / Chapter 1 / Section 30-1-208
Suit on administration bond
Status: in_force

(a) Any person interested in or entitled to a recovery on a bond given by a personal representative may commence and prosecute a suit on the same in the name of the state of Tennessee for that person's own use. (b) Where several persons are entitled to a recovery on bonds given by a personal representative, a verdict and judgment or a decree rendered on the bond in favor of one shall not be a bar to any other person so entitled, but each may respectively sue for and recover each person's own proportion until the whole penalty is recovered. (c) When suits are brought on bonds given by a personal representative, it shall be sufficient to make profert of an attested or certified copy, and, if the copy is contested, either party may have a subpoena for the clerk to bring the original bond. (d) The person for whose use a suit may be brought under this law shall be liable to costs in the same manner as if the suit had been brought in the person's own name, and the court may render judgment or decree for the costs accordingly. Code 1858, §§ 2231-2234 (deriv. Acts 1822, ch. 16, §§ 1-4); Shan., §§ 3967-3970; Code 1932, §§ 8179-8182; T.C.A. (orig. ed.), §§ 30-211 -- 30-214; Acts 1985, ch. 140, § 8.
(a) Any person interested in or entitled to a recovery on a bond given by a personal representative may commence and prosecute a suit on the same in the name of the state of Tennessee for that person's own use.
(b) Where several persons are entitled to a recovery on bonds given by a personal representative, a verdict and judgment or a decree rendered on the bond in favor of one shall not be a bar to any other person so entitled, but each may respectively sue for and recover each person's own proportion until the whole penalty is recovered.
(c) When suits are brought on bonds given by a personal representative, it shall be sufficient to make profert of an attested or certified copy, and, if the copy is contested, either party may have a subpoena for the clerk to bring the original bond.
(d) The person for whose use a suit may be brought under this law shall be liable to costs in the same manner as if the suit had been brought in the person's own name, and the court may render judgment or decree for the costs accordingly.
Code 1858, §§ 2231-2234 (deriv. Acts 1822, ch. 16, §§ 1-4); Shan., §§ 3967-3970; Code 1932, §§ 8179-8182; T.C.A. (orig. ed.), §§ 30-211 -- 30-214; Acts 1985, ch. 140, § 8.
Tenn. Code Ann. § 30-3-110 — TN Code / Title 30 / Chapter 3 / Section 30-3-110
Termination of receivership
Status: in_force

Upon the entry of any final finding and decree as provided in § 30-3-108 , the court shall proceed to wind up the receivership and terminate the proceedings: (1) In the case of a finding under subsections (a) or (c) of § 30-3-108 , that the absentee is dead: (A) By satisfying all outstanding debts and charges of the receivership; and (B) By then certifying the proceedings to the probate court; or (2) In the case of a finding under § 30-3-108(b) : (A) By satisfying all outstanding debts and charges; (B) By then deducting for the insurance fund provided in § 30-3-113 , a sum equal to twenty-five percent (25%) of the total value of the property remaining, including amounts paid to the receivership estate from policies of insurance on the absentee's life; and (C) By distributing the remaining property as provided in § 30-3-111 ; and (3) In both cases by requiring the receiver's account and upon its approval discharging the receiver and the receiver's bondsmen and entering a final decree terminating the receivership. Acts 1941, ch. 102, § 8; C. Supp. 1950, § 8407.17; T.C.A. (orig. ed.), § 30-1810; Acts 2001, ch. 121, § 4.
Upon the entry of any final finding and decree as provided in § 30-3-108 , the court shall proceed to wind up the receivership and terminate the proceedings:
(1) In the case of a finding under subsections (a) or (c) of § 30-3-108 , that the absentee is dead: (A) By satisfying all outstanding debts and charges of the receivership; and (B) By then certifying the proceedings to the probate court; or
(A) By satisfying all outstanding debts and charges of the receivership; and
(B) By then certifying the proceedings to the probate court; or
(2) In the case of a finding under § 30-3-108(b) : (A) By satisfying all outstanding debts and charges; (B) By then deducting for the insurance fund provided in § 30-3-113 , a sum equal to twenty-five percent (25%) of the total value of the property remaining, including amounts paid to the receivership estate from policies of insurance on the absentee's life; and (C) By distributing the remaining property as provided in § 30-3-111 ; and
(A) By satisfying all outstanding debts and charges;
(B) By then deducting for the insurance fund provided in § 30-3-113 , a sum equal to twenty-five percent (25%) of the total value of the property remaining, including amounts paid to the receivership estate from policies of insurance on the absentee's life; and
(C) By distributing the remaining property as provided in § 30-3-111 ; and
(3) In both cases by requiring the receiver's account and upon its approval discharging the receiver and the receiver's bondsmen and entering a final decree terminating the receivership.
Acts 1941, ch. 102, § 8; C. Supp. 1950, § 8407.17; T.C.A. (orig. ed.), § 30-1810; Acts 2001, ch. 121, § 4.
Tenn. Code Ann. § 30-3-209 — TN Code / Title 30 / Chapter 3 / Section 30-3-209
Resignation and discharge
Status: in_force

The provision for resignation and discharge of conservators for estates of incompetents as set forth in [former] § 34-4-113 [repealed] shall apply in the chancery or probate court for the resignation and discharge of a conservator appointed under this part. Acts 1972, ch. 785, § 10; T.C.A., § 30-1910.
The provision for resignation and discharge of conservators for estates of incompetents as set forth in [former] § 34-4-113 [repealed] shall apply in the chancery or probate court for the resignation and discharge of a conservator appointed under this part.
Acts 1972, ch. 785, § 10; T.C.A., § 30-1910.
Tenn. Code Ann. § 30-5-102 — TN Code / Title 30 / Chapter 5 / Section 30-5-102
Notice of insolvency - Filing - Copies
Status: in_force

After the time for filing claims has expired, as provided by § 30-2-310 , if the estate is unable to pay all of its creditors, the personal representative shall file with the clerk a notice of insolvency. A copy of the notice shall be sent by certified mail, return receipt requested, to each creditor who has filed a claim. This notice may be mailed to creditors by the attorney for the estate, the personal representative or, if requested, by the clerk. Code 1858, § 2328 (deriv. Acts 1851-1852, ch. 283, § 4); Shan., §4068; mod. Code 1932, § 8264; modified; T.C.A. (orig. ed.), §30-702; Acts 1989, ch. 516, § 2.
After the time for filing claims has expired, as provided by § 30-2-310 , if the estate is unable to pay all of its creditors, the personal representative shall file with the clerk a notice of insolvency. A copy of the notice shall be sent by certified mail, return receipt requested, to each creditor who has filed a claim. This notice may be mailed to creditors by the attorney for the estate, the personal representative or, if requested, by the clerk.
Code 1858, § 2328 (deriv. Acts 1851-1852, ch. 283, § 4); Shan., §4068; mod. Code 1932, § 8264; modified; T.C.A. (orig. ed.), §30-702; Acts 1989, ch. 516, § 2.
Tenn. Code Ann. § 30-2-323 — TN Code / Title 30 / Chapter 2 / Section 30-2-323
Advances for property maintenance expenses
Status: in_force

Unless contrary to the decedent's will, the personal representative of the estate is authorized, but not required, to advance or to pay as an expense of administration for a period of up to four (4) months after the decedent's death the reasonable costs of routine upkeep of any real property passing under the will of the decedent or by intestate succession. These authorized expenditures, which may be made in the personal representative's discretion, shall include those for utility services, day-to-day maintenance, lawn service, and insurance premiums but shall not include mortgage note payments, real estate taxes, major repairs or other extraordinary expenses. None of the foregoing limitations shall apply to any real property that is actually part of the probate estate being administered. Acts 1997, ch. 426, § 9.
Unless contrary to the decedent's will, the personal representative of the estate is authorized, but not required, to advance or to pay as an expense of administration for a period of up to four (4) months after the decedent's death the reasonable costs of routine upkeep of any real property passing under the will of the decedent or by intestate succession. These authorized expenditures, which may be made in the personal representative's discretion, shall include those for utility services, day-to-day maintenance, lawn service, and insurance premiums but shall not include mortgage note payments, real estate taxes, major repairs or other extraordinary expenses. None of the foregoing limitations shall apply to any real property that is actually part of the probate estate being administered.
Acts 1997, ch. 426, § 9.