Tenn. Code Ann. § 30-1-203 — TN Code / Title 30 / Chapter 1 / Section 30-1-203
Form of bond
Status: in_force

The bond must be substantially in the following form: We, A B, C D, and E F, are bound to the state in the penalty of ____________________ dollars. Witness our hands, this ______________ day of ______________, 20 ____________________. The condition of this obligation is such, that, whereas, the above bound A B has been appointed executor of the will of G H, deceased (or administrator, as the case may be); now, if A B shall well and truly, as such executor (or administrator, as the case may be), perform all the duties that are or may be required by law, which includes paying all court costs, attorney's fees, and other expenses which may be reasonably incurred because of failure of A B to properly account for and utilize all funds coming into the hands of A B, this obligation shall be void, otherwise to remain in full force and virtue. Code 1858, § 2223 (deriv. Acts 1715, ch. 48, § 5; 1822, ch. 16, § 1); Shan., § 3958; Code 1932, § 8171; T.C.A. (orig. ed.), § 30-203; Acts 2011 , ch. 477, §§ 1, 2.
The bond must be substantially in the following form:
We, A B, C D, and E F, are bound to the state in the penalty of ____________________ dollars. Witness our hands, this ______________ day of ______________, 20 ____________________. The condition of this obligation is such, that, whereas, the above bound A B has been appointed executor of the will of G H, deceased (or administrator, as the case may be); now, if A B shall well and truly, as such executor (or administrator, as the case may be), perform all the duties that are or may be required by law, which includes paying all court costs, attorney's fees, and other expenses which may be reasonably incurred because of failure of A B to properly account for and utilize all funds coming into the hands of A B, this obligation shall be void, otherwise to remain in full force and virtue.
Code 1858, § 2223 (deriv. Acts 1715, ch. 48, § 5; 1822, ch. 16, § 1); Shan., § 3958; Code 1932, § 8171; T.C.A. (orig. ed.), § 30-203; Acts 2011 , ch. 477, §§ 1, 2.
Tenn. Code Ann. § 30-3-107 — TN Code / Title 30 / Chapter 3 / Section 30-3-107
Search for absentee directed by court
Status: in_force

(a) The court, upon application, may direct the receiver to make search for the absentee in any manner which the court may deem advisable, including any or all of the following methods: (1) By inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the absentee's whereabouts; (2) By notifying officers of justice and public welfare agencies in appropriate locations of the absentee's disappearance; or (3) By engaging the services of an investigation agency. (b) The expenses of such search and of the notices provided for in § 30-3-106 shall be taxed as costs and paid out of the property of the absentee. Acts 1941, ch. 102, § 5; C. Supp. 1950, § 8407.14; T.C.A. (orig. ed.), § 30-1807.
(a) The court, upon application, may direct the receiver to make search for the absentee in any manner which the court may deem advisable, including any or all of the following methods: (1) By inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the absentee's whereabouts; (2) By notifying officers of justice and public welfare agencies in appropriate locations of the absentee's disappearance; or (3) By engaging the services of an investigation agency.
(1) By inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the absentee's whereabouts;
(2) By notifying officers of justice and public welfare agencies in appropriate locations of the absentee's disappearance; or
(3) By engaging the services of an investigation agency.
(b) The expenses of such search and of the notices provided for in § 30-3-106 shall be taxed as costs and paid out of the property of the absentee.
Acts 1941, ch. 102, § 5; C. Supp. 1950, § 8407.14; T.C.A. (orig. ed.), § 30-1807.
Tenn. Code Ann. § 30-2-707 — TN Code / Title 30 / Chapter 2 / Section 30-2-707
Receipt for legacy or share
Status: in_force

Every person interested in the distribution of an estate shall execute to the executor, administrator, clerk, or person whose duty it is to distribute the estate, a receipt for that person's legacy, distributive share, or interest in the estate, upon payment of the same. It shall be necessary for the receipt to be executed under penalty of perjury or otherwise sworn before the clerk or a notary public. In the event that one (1) or more distributees refuse to acknowledge receipt of their respective share, the personal representative shall proceed to close the estate in accordance with chapter 2, part 6 of this title. The receipt shall be 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. Amended by 2017 Tenn. Acts, ch. 280,s 7, eff. 7/1/2017. Code 1858, §§ 2320, 2321, 2323 (deriv. Acts 1853-1854, ch. 49, §§ 1, 2; 1855-1856, ch. 87); Shan., §§ 4057, 4058, 4060; Code 1932, §§ 8340, 8341, 8343; T.C.A. (orig. ed.), §§ 30-1308, 30-1309, 30-1311; Acts 1986, ch. 580, § 3.
Every person interested in the distribution of an estate shall execute to the executor, administrator, clerk, or person whose duty it is to distribute the estate, a receipt for that person's legacy, distributive share, or interest in the estate, upon payment of the same. It shall be necessary for the receipt to be executed under penalty of perjury or otherwise sworn before the clerk or a notary public. In the event that one (1) or more distributees refuse to acknowledge receipt of their respective share, the personal representative shall proceed to close the estate in accordance with chapter 2, part 6 of this title. The receipt shall be 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.
Amended by 2017 Tenn. Acts, ch. 280,s 7, eff. 7/1/2017.
Code 1858, §§ 2320, 2321, 2323 (deriv. Acts 1853-1854, ch. 49, §§ 1, 2; 1855-1856, ch. 87); Shan., §§ 4057, 4058, 4060; Code 1932, §§ 8340, 8341, 8343; T.C.A. (orig. ed.), §§ 30-1308, 30-1309, 30-1311; Acts 1986, ch. 580, § 3.
Tenn. Code Ann. § 30-2-206 — TN Code / Title 30 / Chapter 2 / Section 30-2-206
Proceedings summary
Status: in_force

The proceedings upon applications for homestead are summary, unless the applicant is the personal representative, and shall be heard and determined at the first term after notice. Code 1858, § 2413 (deriv. Acts 1784 (Apr.), ch. 22, § 10); Shan., § 4156; mod. Code 1932, § 8373; T.C.A. (orig. ed.), § 30-908.
The proceedings upon applications for homestead are summary, unless the applicant is the personal representative, and shall be heard and determined at the first term after notice.
Code 1858, § 2413 (deriv. Acts 1784 (Apr.), ch. 22, § 10); Shan., § 4156; mod. Code 1932, § 8373; T.C.A. (orig. ed.), § 30-908.
Tenn. Code Ann. § 30-2-301 — TN Code / Title 30 / Chapter 2 / Section 30-2-301
Making inventory - Return - Notice to beneficiaries
Status: in_force

(a) The personal representative, within sixty (60) days after entering on the administration of a testate or intestate estate, shall make a complete and accurate inventory of the probate estate of the deceased, and return the inventory to the clerk of the court exercising probate jurisdiction in the county of the estate, and verify it by the personal representative's oath before the clerk or before any person authorized by law to administer oaths in such cases whether within or without the borders of the state. When the will of the deceased excuses the requirement for making and filing an inventory of the estate, or when excused by all of the residuary distributees or legatees, no inventory shall be required of a solvent estate, unless demanded by any residuary distributee or legatee of the estate. (b) (1) Except as provided in subdivision (b)(4), the personal representative, within sixty (60) days after entering on the administration, shall notify: (A) Each legatee or devisee under the will that that person or entity is a beneficiary by sending a complete copy of the will to those beneficiaries sharing in the residue of the estate, and by sending a copy of the paragraph or paragraphs of the will containing the bequests to those beneficiaries only receiving bequests; and (B) Each residuary distributee of an intestate deceased person by sending that person a copy of the letters of administration. (2) If the residue or a portion thereof is distributable to a trustee for the benefit of others, a complete copy of the will shall be sent to the trustee who shall have the obligation under title 35 to send copies of the will to the trust beneficiaries. (3) Within the sixty-day period, the personal representative shall also execute and file with the clerk of the court an affidavit that the required copies have been mailed or delivered to the beneficiaries or distributees, and an explanation of efforts to identify and locate beneficiaries or distributees, if any, to whom copies have not yet been sent. (4) The personal representative shall not be required to comply with the requirements of subdivisions (b)(1) and (b)(3) if: (A) The personal representative and the sole beneficiary of the estate are the same person; or (B) The decedent's will was admitted to probate in solemn form. (5) Within the sixty-day period, the personal representative shall execute and file with the clerk of the court an affidavit that the bureau of TennCare has been notified of the decedent's death pursuant to § 71-5-116 . (6) (A) Following expiration of the sixty-day period, specified in subsection (a), a person or entity may file a notice with the clerk's office that provides the name, current mailing address and actual physical address of any legatee or distributee who has not been identified or has not been located by the personal representative. The notice may not be filed prior to the expiration of the sixty-day period. (B) (i) (a) The person or entity filing notice pursuant to subdivision (b)(6)(A) shall be entitled to a reasonable fee for each legatee or distributee for whom the person or entity filing the notice provides satisfactory proof, as defined in subdivision (b)(6)(C), of the legatee or distributee's relationship to the decedent. (b) Other than a reasonable fee, such person or entity shall not be entitled to any other compensation from any person or entity, including any legatee or distributee, for providing the information to the legatee or the distributee or to the clerk. (c) Such fee shall be determined by the contract between the legatee or distributee and the person or entity filing the notice; provided, however, such fee shall not exceed one-third (1/3) of the legatee or distributee's interest. (d) Any contract entered into between a person or entity filing notice pursuant to subdivision (b)(6)(A) and a legatee or distributee prior to the expiration of the sixty-day period specified in subsection (a), shall be null and void and unenforceable in a court of law. (ii) If more than one person or entity submits accurate identifying information to the clerk, then the person or entity that has a contract with the legatee or distributee shall be entitled to the fee provided by this subdivision (b)(6). (C) For the purposes of this subdivision (b)(6), any one of the following constitutes satisfactory proof of the relationship between the legatee or distributee and the decedent: (i) An affidavit of pedigree pursuant to § 30-2-711 ; (ii) An affidavit of heirship pursuant to § 30-2-712 ; (iii) Vital records establishing the relationship; or (iv) Other proof satisfactory to the court. (7) Copies of a will, paragraphs of a will, or letters of administration sent pursuant to this subsection (b) may be sent by first class mail, electronic mail, or personal delivery. Amended by 2023 Tenn. Acts, ch. 298, s 2, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 298, s 1, eff. 7/1/2023. Code 1858, § 2241 (deriv. Acts 1723, ch. 10, § 2; 1851-1852, ch. 180, § 1); Shan., § 3977; Code 1932, § 8189; Acts 1957, ch. 34, § 1; T.C.A. (orig. ed.), § 30-501; Acts 1984, ch. 644, § 1; 1988, ch. 854, §§ 6, 7; 1992, ch. 951, §§ 4, 5; 2006, ch. 639, § 1; 2008 , ch. 1050, § 1; 2010 , ch. 893, §§ 1, 2.
(a) The personal representative, within sixty (60) days after entering on the administration of a testate or intestate estate, shall make a complete and accurate inventory of the probate estate of the deceased, and return the inventory to the clerk of the court exercising probate jurisdiction in the county of the estate, and verify it by the personal representative's oath before the clerk or before any person authorized by law to administer oaths in such cases whether within or without the borders of the state. When the will of the deceased excuses the requirement for making and filing an inventory of the estate, or when excused by all of the residuary distributees or legatees, no inventory shall be required of a solvent estate, unless demanded by any residuary distributee or legatee of the estate.
(b) (1) Except as provided in subdivision (b)(4), the personal representative, within sixty (60) days after entering on the administration, shall notify: (A) Each legatee or devisee under the will that that person or entity is a beneficiary by sending a complete copy of the will to those beneficiaries sharing in the residue of the estate, and by sending a copy of the paragraph or paragraphs of the will containing the bequests to those beneficiaries only receiving bequests; and (B) Each residuary distributee of an intestate deceased person by sending that person a copy of the letters of administration. (2) If the residue or a portion thereof is distributable to a trustee for the benefit of others, a complete copy of the will shall be sent to the trustee who shall have the obligation under title 35 to send copies of the will to the trust beneficiaries. (3) Within the sixty-day period, the personal representative shall also execute and file with the clerk of the court an affidavit that the required copies have been mailed or delivered to the beneficiaries or distributees, and an explanation of efforts to identify and locate beneficiaries or distributees, if any, to whom copies have not yet been sent. (4) The personal representative shall not be required to comply with the requirements of subdivisions (b)(1) and (b)(3) if: (A) The personal representative and the sole beneficiary of the estate are the same person; or (B) The decedent's will was admitted to probate in solemn form. (5) Within the sixty-day period, the personal representative shall execute and file with the clerk of the court an affidavit that the bureau of TennCare has been notified of the decedent's death pursuant to § 71-5-116 . (6) (A) Following expiration of the sixty-day period, specified in subsection (a), a person or entity may file a notice with the clerk's office that provides the name, current mailing address and actual physical address of any legatee or distributee who has not been identified or has not been located by the personal representative. The notice may not be filed prior to the expiration of the sixty-day period. (B) (i) (a) The person or entity filing notice pursuant to subdivision (b)(6)(A) shall be entitled to a reasonable fee for each legatee or distributee for whom the person or entity filing the notice provides satisfactory proof, as defined in subdivision (b)(6)(C), of the legatee or distributee's relationship to the decedent. (b) Other than a reasonable fee, such person or entity shall not be entitled to any other compensation from any person or entity, including any legatee or distributee, for providing the information to the legatee or the distributee or to the clerk. (c) Such fee shall be determined by the contract between the legatee or distributee and the person or entity filing the notice; provided, however, such fee shall not exceed one-third (1/3) of the legatee or distributee's interest. (d) Any contract entered into between a person or entity filing notice pursuant to subdivision (b)(6)(A) and a legatee or distributee prior to the expiration of the sixty-day period specified in subsection (a), shall be null and void and unenforceable in a court of law. (ii) If more than one person or entity submits accurate identifying information to the clerk, then the person or entity that has a contract with the legatee or distributee shall be entitled to the fee provided by this subdivision (b)(6). (C) For the purposes of this subdivision (b)(6), any one of the following constitutes satisfactory proof of the relationship between the legatee or distributee and the decedent: (i) An affidavit of pedigree pursuant to § 30-2-711 ; (ii) An affidavit of heirship pursuant to § 30-2-712 ; (iii) Vital records establishing the relationship; or (iv) Other proof satisfactory to the court. (7) Copies of a will, paragraphs of a will, or letters of administration sent pursuant to this subsection (b) may be sent by first class mail, electronic mail, or personal delivery.
(1) Except as provided in subdivision (b)(4), the personal representative, within sixty (60) days after entering on the administration, shall notify: (A) Each legatee or devisee under the will that that person or entity is a beneficiary by sending a complete copy of the will to those beneficiaries sharing in the residue of the estate, and by sending a copy of the paragraph or paragraphs of the will containing the bequests to those beneficiaries only receiving bequests; and (B) Each residuary distributee of an intestate deceased person by sending that person a copy of the letters of administration.
(A) Each legatee or devisee under the will that that person or entity is a beneficiary by sending a complete copy of the will to those beneficiaries sharing in the residue of the estate, and by sending a copy of the paragraph or paragraphs of the will containing the bequests to those beneficiaries only receiving bequests; and
(B) Each residuary distributee of an intestate deceased person by sending that person a copy of the letters of administration.
(2) If the residue or a portion thereof is distributable to a trustee for the benefit of others, a complete copy of the will shall be sent to the trustee who shall have the obligation under title 35 to send copies of the will to the trust beneficiaries.
(3) Within the sixty-day period, the personal representative shall also execute and file with the clerk of the court an affidavit that the required copies have been mailed or delivered to the beneficiaries or distributees, and an explanation of efforts to identify and locate beneficiaries or distributees, if any, to whom copies have not yet been sent.
(4) The personal representative shall not be required to comply with the requirements of subdivisions (b)(1) and (b)(3) if: (A) The personal representative and the sole beneficiary of the estate are the same person; or (B) The decedent's will was admitted to probate in solemn form.
(A) The personal representative and the sole beneficiary of the estate are the same person; or
(B) The decedent's will was admitted to probate in solemn form.
(5) Within the sixty-day period, the personal representative shall execute and file with the clerk of the court an affidavit that the bureau of TennCare has been notified of the decedent's death pursuant to § 71-5-116 .
(6) (A) Following expiration of the sixty-day period, specified in subsection (a), a person or entity may file a notice with the clerk's office that provides the name, current mailing address and actual physical address of any legatee or distributee who has not been identified or has not been located by the personal representative. The notice may not be filed prior to the expiration of the sixty-day period. (B) (i) (a) The person or entity filing notice pursuant to subdivision (b)(6)(A) shall be entitled to a reasonable fee for each legatee or distributee for whom the person or entity filing the notice provides satisfactory proof, as defined in subdivision (b)(6)(C), of the legatee or distributee's relationship to the decedent. (b) Other than a reasonable fee, such person or entity shall not be entitled to any other compensation from any person or entity, including any legatee or distributee, for providing the information to the legatee or the distributee or to the clerk. (c) Such fee shall be determined by the contract between the legatee or distributee and the person or entity filing the notice; provided, however, such fee shall not exceed one-third (1/3) of the legatee or distributee's interest. (d) Any contract entered into between a person or entity filing notice pursuant to subdivision (b)(6)(A) and a legatee or distributee prior to the expiration of the sixty-day period specified in subsection (a), shall be null and void and unenforceable in a court of law. (ii) If more than one person or entity submits accurate identifying information to the clerk, then the person or entity that has a contract with the legatee or distributee shall be entitled to the fee provided by this subdivision (b)(6). (C) For the purposes of this subdivision (b)(6), any one of the following constitutes satisfactory proof of the relationship between the legatee or distributee and the decedent: (i) An affidavit of pedigree pursuant to § 30-2-711 ; (ii) An affidavit of heirship pursuant to § 30-2-712 ; (iii) Vital records establishing the relationship; or (iv) Other proof satisfactory to the court.
(A) Following expiration of the sixty-day period, specified in subsection (a), a person or entity may file a notice with the clerk's office that provides the name, current mailing address and actual physical address of any legatee or distributee who has not been identified or has not been located by the personal representative. The notice may not be filed prior to the expiration of the sixty-day period.
(B) (i) (a) The person or entity filing notice pursuant to subdivision (b)(6)(A) shall be entitled to a reasonable fee for each legatee or distributee for whom the person or entity filing the notice provides satisfactory proof, as defined in subdivision (b)(6)(C), of the legatee or distributee's relationship to the decedent. (b) Other than a reasonable fee, such person or entity shall not be entitled to any other compensation from any person or entity, including any legatee or distributee, for providing the information to the legatee or the distributee or to the clerk. (c) Such fee shall be determined by the contract between the legatee or distributee and the person or entity filing the notice; provided, however, such fee shall not exceed one-third (1/3) of the legatee or distributee's interest. (d) Any contract entered into between a person or entity filing notice pursuant to subdivision (b)(6)(A) and a legatee or distributee prior to the expiration of the sixty-day period specified in subsection (a), shall be null and void and unenforceable in a court of law. (ii) If more than one person or entity submits accurate identifying information to the clerk, then the person or entity that has a contract with the legatee or distributee shall be entitled to the fee provided by this subdivision (b)(6).
(i) (a) The person or entity filing notice pursuant to subdivision (b)(6)(A) shall be entitled to a reasonable fee for each legatee or distributee for whom the person or entity filing the notice provides satisfactory proof, as defined in subdivision (b)(6)(C), of the legatee or distributee's relationship to the decedent. (b) Other than a reasonable fee, such person or entity shall not be entitled to any other compensation from any person or entity, including any legatee or distributee, for providing the information to the legatee or the distributee or to the clerk. (c) Such fee shall be determined by the contract between the legatee or distributee and the person or entity filing the notice; provided, however, such fee shall not exceed one-third (1/3) of the legatee or distributee's interest. (d) Any contract entered into between a person or entity filing notice pursuant to subdivision (b)(6)(A) and a legatee or distributee prior to the expiration of the sixty-day period specified in subsection (a), shall be null and void and unenforceable in a court of law.
(a) The person or entity filing notice pursuant to subdivision (b)(6)(A) shall be entitled to a reasonable fee for each legatee or distributee for whom the person or entity filing the notice provides satisfactory proof, as defined in subdivision (b)(6)(C), of the legatee or distributee's relationship to the decedent.
(b) Other than a reasonable fee, such person or entity shall not be entitled to any other compensation from any person or entity, including any legatee or distributee, for providing the information to the legatee or the distributee or to the clerk.
(c) Such fee shall be determined by the contract between the legatee or distributee and the person or entity filing the notice; provided, however, such fee shall not exceed one-third (1/3) of the legatee or distributee's interest.
(d) Any contract entered into between a person or entity filing notice pursuant to subdivision (b)(6)(A) and a legatee or distributee prior to the expiration of the sixty-day period specified in subsection (a), shall be null and void and unenforceable in a court of law.
(ii) If more than one person or entity submits accurate identifying information to the clerk, then the person or entity that has a contract with the legatee or distributee shall be entitled to the fee provided by this subdivision (b)(6).
(C) For the purposes of this subdivision (b)(6), any one of the following constitutes satisfactory proof of the relationship between the legatee or distributee and the decedent: (i) An affidavit of pedigree pursuant to § 30-2-711 ; (ii) An affidavit of heirship pursuant to § 30-2-712 ; (iii) Vital records establishing the relationship; or (iv) Other proof satisfactory to the court.
(i) An affidavit of pedigree pursuant to § 30-2-711 ;
(ii) An affidavit of heirship pursuant to § 30-2-712 ;
(iii) Vital records establishing the relationship; or
(iv) Other proof satisfactory to the court.
(7) Copies of a will, paragraphs of a will, or letters of administration sent pursuant to this subsection (b) may be sent by first class mail, electronic mail, or personal delivery.
Amended by 2023 Tenn. Acts, ch. 298, s 2, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 298, s 1, eff. 7/1/2023.
Code 1858, § 2241 (deriv. Acts 1723, ch. 10, § 2; 1851-1852, ch. 180, § 1); Shan., § 3977; Code 1932, § 8189; Acts 1957, ch. 34, § 1; T.C.A. (orig. ed.), § 30-501; Acts 1984, ch. 644, § 1; 1988, ch. 854, §§ 6, 7; 1992, ch. 951, §§ 4, 5; 2006, ch. 639, § 1; 2008 , ch. 1050, § 1; 2010 , ch. 893, §§ 1, 2.
Tenn. Code Ann. § 30-2-702 — TN Code / Title 30 / Chapter 2 / Section 30-2-702
Distributees who cannot be located, infants or persons adjudicated incompetent - Procedure for payment of shares
Status: in_force

(a) Whenever the personal representative of the estate of any deceased person in this state is ready to make a final report and settlement, and is prevented or precluded from making final settlement, because there is no personal representative of the estate of a deceased distributee to receive the share due that distributee or one (1) or more payees or distributees cannot be located or for any reason refuses to receive the share due that distributee, the personal representative shall pay or deliver the share due any such distributee to the state treasurer, to be handled in accordance with title 66, chapter 29, part 1, relating to unclaimed property, and show the payment or delivery in the report. (b) (1) In cases involving payees or distributees who are infants or persons adjudicated incompetent and without guardian or conservator authorized to receive the property, the personal representative, before making final settlement, shall file a petition in the court in which the estate is being administered setting out this fact and pray for the appointment of a guardian or conservator, unless petition is made pursuant to § 34-1-104 . (2) The court shall appoint a guardian or conservator, if practicable, or if impracticable, order the property belonging to such infant or person adjudicated incompetent paid or delivered into the state treasury, unless distribution is ordered pursuant to § 34-1-104 . (3) The payment or delivery shall be shown in the report and settlement of the personal representative, exhibiting the receipt of the guardian or state treasurer, as the case may be. (c) If the personal representative of the estate of a deceased person is unable to locate a distributee and that distributee's share of the estate is either personal property of nominal value or a monetary legacy of nominal value, the personal representative may request instructions from the court concerning the amount, if any, which should be spent in locating the distributee and whether the amount spent in locating the distributee should be a general expense of the estate or a charge against the lost distributee's share and the disposition of the property if the distributee cannot be found, which disposition may include the authority to sell any tangible personal property. Acts 1945, ch. 126, § 1; mod. C. Supp. 1950, § 8196.9 (Williams, § 8334.1); Acts 1963, ch. 158, § 1; 1974, ch. 438, § 1; T.C.A. (orig. ed.), § 30-1302; Acts 1986, ch. 539, § 1; 1987, ch. 322, §§ 10-12; 1988, ch. 854, § 9; 1999, ch. 491, § 6; 2011, ch. 47, §§ 22, 23.
(a) Whenever the personal representative of the estate of any deceased person in this state is ready to make a final report and settlement, and is prevented or precluded from making final settlement, because there is no personal representative of the estate of a deceased distributee to receive the share due that distributee or one (1) or more payees or distributees cannot be located or for any reason refuses to receive the share due that distributee, the personal representative shall pay or deliver the share due any such distributee to the state treasurer, to be handled in accordance with title 66, chapter 29, part 1, relating to unclaimed property, and show the payment or delivery in the report.
(b) (1) In cases involving payees or distributees who are infants or persons adjudicated incompetent and without guardian or conservator authorized to receive the property, the personal representative, before making final settlement, shall file a petition in the court in which the estate is being administered setting out this fact and pray for the appointment of a guardian or conservator, unless petition is made pursuant to § 34-1-104 . (2) The court shall appoint a guardian or conservator, if practicable, or if impracticable, order the property belonging to such infant or person adjudicated incompetent paid or delivered into the state treasury, unless distribution is ordered pursuant to § 34-1-104 . (3) The payment or delivery shall be shown in the report and settlement of the personal representative, exhibiting the receipt of the guardian or state treasurer, as the case may be.
(1) In cases involving payees or distributees who are infants or persons adjudicated incompetent and without guardian or conservator authorized to receive the property, the personal representative, before making final settlement, shall file a petition in the court in which the estate is being administered setting out this fact and pray for the appointment of a guardian or conservator, unless petition is made pursuant to § 34-1-104 .
(2) The court shall appoint a guardian or conservator, if practicable, or if impracticable, order the property belonging to such infant or person adjudicated incompetent paid or delivered into the state treasury, unless distribution is ordered pursuant to § 34-1-104 .
(3) The payment or delivery shall be shown in the report and settlement of the personal representative, exhibiting the receipt of the guardian or state treasurer, as the case may be.
(c) If the personal representative of the estate of a deceased person is unable to locate a distributee and that distributee's share of the estate is either personal property of nominal value or a monetary legacy of nominal value, the personal representative may request instructions from the court concerning the amount, if any, which should be spent in locating the distributee and whether the amount spent in locating the distributee should be a general expense of the estate or a charge against the lost distributee's share and the disposition of the property if the distributee cannot be found, which disposition may include the authority to sell any tangible personal property.
Acts 1945, ch. 126, § 1; mod. C. Supp. 1950, § 8196.9 (Williams, § 8334.1); Acts 1963, ch. 158, § 1; 1974, ch. 438, § 1; T.C.A. (orig. ed.), § 30-1302; Acts 1986, ch. 539, § 1; 1987, ch. 322, §§ 10-12; 1988, ch. 854, § 9; 1999, ch. 491, § 6; 2011, ch. 47, §§ 22, 23.
Tenn. Code Ann. § 30-3-111 — TN Code / Title 30 / Chapter 3 / Section 30-3-111
Distribution of property
Status: in_force

The property remaining for distribution in accordance with § 30-3-110(2)(C) , shall be distributed among those persons who would be entitled thereto under the laws of descent and distribution of this state had the absentee died intestate as of the date determined by the court in its final finding and decree, or in case the absentee leaves a document which, had the absentee died, would under the laws of this state be entitled to probate as the absentee's will, the distribution shall be according to the terms of that document as of that date. The validity and effect of the distribution of the property shall be determined by the court administering the receivership and shall be final and binding upon all persons including the absentee. Acts 1941, ch. 102, § 9; C. Supp. 1950, § 8407.18; T.C.A. (orig. ed.), § 30-1811.
The property remaining for distribution in accordance with § 30-3-110(2)(C) , shall be distributed among those persons who would be entitled thereto under the laws of descent and distribution of this state had the absentee died intestate as of the date determined by the court in its final finding and decree, or in case the absentee leaves a document which, had the absentee died, would under the laws of this state be entitled to probate as the absentee's will, the distribution shall be according to the terms of that document as of that date. The validity and effect of the distribution of the property shall be determined by the court administering the receivership and shall be final and binding upon all persons including the absentee.
Acts 1941, ch. 102, § 9; C. Supp. 1950, § 8407.18; T.C.A. (orig. ed.), § 30-1811.
Tenn. Code Ann. § 30-2-201 — TN Code / Title 30 / Chapter 2 / Section 30-2-201
Assignment of homestead
Status: in_force

The homestead in lands of a decedent, inuring to the benefit of a surviving spouse or minor children, shall be assigned and set apart in the manner provided in this part. Acts 1873, ch. 98, § 1; Shan., § 3808; Code 1932, § 7729; mod. C. Supp. 1950, § 7729; Acts 1976, ch. 529, § 12; T.C.A. (orig. ed.), § 30-901.
The homestead in lands of a decedent, inuring to the benefit of a surviving spouse or minor children, shall be assigned and set apart in the manner provided in this part.
Acts 1873, ch. 98, § 1; Shan., § 3808; Code 1932, § 7729; mod. C. Supp. 1950, § 7729; Acts 1976, ch. 529, § 12; T.C.A. (orig. ed.), § 30-901.
Tenn. Code Ann. § 30-3-203 — TN Code / Title 30 / Chapter 3 / Section 30-3-203
Transfer of property without conservatorship
Status: in_force

(a) If the spouse of any person defined as an absentee in § 30-3-201(1) , or next of kin if the absentee has no spouse, wishes to sell or transfer any property of the absentee that has a gross value of less than five thousand dollars ($5,000), or requires the consent of the absentee in any matter regarding the absentee's children, or in any other matter in which the gross value of the subject matter is less than five thousand dollars ($5,000), the spouse or next of kin may apply to the chancery or probate court for an order authorizing the sale, transfer, or consent, without opening a full conservatorship proceeding as provided by this part. The spouse or next of kin may make the application without the assistance of an attorney. (b) The application shall be made by petition on the following form, which form shall be made readily available to the applicant by the clerk and master of the chancery court and the clerk of the probate court: In re: ______________(absentee), case number ______________ PETITION FOR SUMMARY RELIEF Petitioner, ______________ whose residence is ______________(street and number) ______________(city or town), and ______________(county) Tennessee, and who is the ______________(describe relationship to absentee) of the absentee, ______________(name), states that the absentee has been ______________(imprisoned or missing in action) since ______________(date) when ______________(describe details). Petitioner desires to sell/transfer ______________(describe property) of the value of ______________(value) because ______________(give reasons). The terms of sale/transfer are ______________(give terms). Petitioner requires the consent of the absentee for the purpose of ______________. Petitioner State of Tennessee County of ______________ The above named, ______________(petitioner's name), being by me duly sworn, says the foregoing petition is true and correct to the best of his/her knowledge and belief. ____________________ Notary Public My commission expires ______________. (c) The court shall, without hearing or notice, enter an order on the petition if it deems the relief requested in the petition necessary to protect the best interests of the absentee or the absentee's dependents. (d) The order shall be prima facie evidence of the validity of the proceedings and the authority of the petitioner to make a conveyance or transfer of the property or to give the absentee's consent in any matter prescribed by subsections (a) and (b) of this section. Acts 1972, ch. 785, § 3; T.C.A., § 30-1903.
(a) If the spouse of any person defined as an absentee in § 30-3-201(1) , or next of kin if the absentee has no spouse, wishes to sell or transfer any property of the absentee that has a gross value of less than five thousand dollars ($5,000), or requires the consent of the absentee in any matter regarding the absentee's children, or in any other matter in which the gross value of the subject matter is less than five thousand dollars ($5,000), the spouse or next of kin may apply to the chancery or probate court for an order authorizing the sale, transfer, or consent, without opening a full conservatorship proceeding as provided by this part. The spouse or next of kin may make the application without the assistance of an attorney.
(b) The application shall be made by petition on the following form, which form shall be made readily available to the applicant by the clerk and master of the chancery court and the clerk of the probate court: In re: ______________(absentee), case number ______________ PETITION FOR SUMMARY RELIEF Petitioner, ______________ whose residence is ______________(street and number) ______________(city or town), and ______________(county) Tennessee, and who is the ______________(describe relationship to absentee) of the absentee, ______________(name), states that the absentee has been ______________(imprisoned or missing in action) since ______________(date) when ______________(describe details). Petitioner desires to sell/transfer ______________(describe property) of the value of ______________(value) because ______________(give reasons). The terms of sale/transfer are ______________(give terms). Petitioner requires the consent of the absentee for the purpose of ______________. Petitioner State of Tennessee County of ______________ The above named, ______________(petitioner's name), being by me duly sworn, says the foregoing petition is true and correct to the best of his/her knowledge and belief. ____________________ Notary Public My commission expires ______________.
In re: ______________(absentee), case number ______________
PETITION FOR SUMMARY RELIEF
Petitioner, ______________ whose residence is ______________(street and number) ______________(city or town), and ______________(county) Tennessee, and who is the ______________(describe relationship to absentee) of the absentee, ______________(name), states that the absentee has been ______________(imprisoned or missing in action) since ______________(date) when ______________(describe details).
Petitioner desires to sell/transfer ______________(describe property) of the value of ______________(value) because ______________(give reasons).
The terms of sale/transfer are ______________(give terms).
Petitioner requires the consent of the absentee for the purpose of ______________.
Petitioner
State of Tennessee
County of ______________
The above named, ______________(petitioner's name), being by me duly sworn, says the foregoing petition is true and correct to the best of his/her knowledge and belief.
____________________
Notary Public
My commission expires ______________.
(c) The court shall, without hearing or notice, enter an order on the petition if it deems the relief requested in the petition necessary to protect the best interests of the absentee or the absentee's dependents.
(d) The order shall be prima facie evidence of the validity of the proceedings and the authority of the petitioner to make a conveyance or transfer of the property or to give the absentee's consent in any matter prescribed by subsections (a) and (b) of this section.
Acts 1972, ch. 785, § 3; T.C.A., § 30-1903.
Tenn. Code Ann. § 30-2-306 — TN Code / Title 30 / Chapter 2 / Section 30-2-306
Notice to creditors of qualification of personal representative
Status: in_force

(a) Except as provided in subsection (e), it is the duty of the clerk of the court in which an estate is being administered, within thirty (30) days after the issuance of letters testamentary or of administration, to give, in the name of the personal representative of the estate, public notice of the personal representative's qualification as such by two (2) consecutive weekly notices published in some newspaper of the county in which letters testamentary or of administration are granted, or, if no newspaper is published in that county, by written notices posted in three (3) public places in the county, one (1) of which shall be posted at the usual place for posting notices at the courthouse. (b) The notice shall be substantially in the following form: Click here to view form. (c) An affidavit of the publisher of the newspaper, in case of publication by newspaper, showing the dates on which the notice was published, or of the personal representative, in case of posted notices, showing the date on which the notice was first posted, shall be prima facie evidence of the publication required by this section. The affidavit shall be filed with the clerk and be noted by the clerk on the docket of the cause. (d) In addition, it shall be the duty of the personal representative to mail or deliver by other means a copy of the published or posted notice as described in subsection (b) to all creditors of the decedent of whom the personal representative has actual knowledge or who are reasonably ascertainable by the personal representative, at the creditors' last known addresses. This notice shall not be required where a creditor has already filed a claim against the estate, has been paid or has issued a release of all claims against the estate. (e) The requirement of subsection (a) shall not apply if the letters testamentary or of administration are issued more than one (1) year from the decedent's date of death. Acts 1939, ch. 175, § 1; 1947, ch. 137, § 1; 1949, ch. 48, § 1; C. Supp. 1950, § 8196.1; Acts 1971, ch. 229, § 1; T.C.A. (orig. ed.), § 30-509; Acts 1989, ch. 395, §§ 1, 2; 1991, ch. 415, § 4; 1997 , ch. 426, § 5; 1999, ch. 491, §§ 4, 5; 2005, ch. 429, § 5; 2008 , ch. 856, § 1; 2012 , ch. 886, § 4.
(a) Except as provided in subsection (e), it is the duty of the clerk of the court in which an estate is being administered, within thirty (30) days after the issuance of letters testamentary or of administration, to give, in the name of the personal representative of the estate, public notice of the personal representative's qualification as such by two (2) consecutive weekly notices published in some newspaper of the county in which letters testamentary or of administration are granted, or, if no newspaper is published in that county, by written notices posted in three (3) public places in the county, one (1) of which shall be posted at the usual place for posting notices at the courthouse.
(b) The notice shall be substantially in the following form: Click here to view form.
Click here to view form.
(c) An affidavit of the publisher of the newspaper, in case of publication by newspaper, showing the dates on which the notice was published, or of the personal representative, in case of posted notices, showing the date on which the notice was first posted, shall be prima facie evidence of the publication required by this section. The affidavit shall be filed with the clerk and be noted by the clerk on the docket of the cause.
(d) In addition, it shall be the duty of the personal representative to mail or deliver by other means a copy of the published or posted notice as described in subsection (b) to all creditors of the decedent of whom the personal representative has actual knowledge or who are reasonably ascertainable by the personal representative, at the creditors' last known addresses. This notice shall not be required where a creditor has already filed a claim against the estate, has been paid or has issued a release of all claims against the estate.
(e) The requirement of subsection (a) shall not apply if the letters testamentary or of administration are issued more than one (1) year from the decedent's date of death.
Acts 1939, ch. 175, § 1; 1947, ch. 137, § 1; 1949, ch. 48, § 1; C. Supp. 1950, § 8196.1; Acts 1971, ch. 229, § 1; T.C.A. (orig. ed.), § 30-509; Acts 1989, ch. 395, §§ 1, 2; 1991, ch. 415, § 4; 1997 , ch. 426, § 5; 1999, ch. 491, §§ 4, 5; 2005, ch. 429, § 5; 2008 , ch. 856, § 1; 2012 , ch. 886, § 4.
2_306_1 - Attachment
Tenn. Code Ann. § 30-2-310 — TN Code / Title 30 / Chapter 2 / Section 30-2-310
Limitation on time of filing claims
Status: in_force

(a) All claims and demands not filed with the probate court clerk, as required by §§ 30-2-306 - 30-2-309, or, if later, in which suit has not been brought or revived before the end of twelve (12) months from the date of death of the decedent, shall be forever barred. (b) Notwithstanding subsection (a), all claims and demands not filed by the state with the probate court clerk, as required by §§ 30-2-306 - 30-2-309, or, if later, in which suit has not been brought or revived before the end of twelve (12) months from the date of death of the decedent, shall be forever barred. This statute of limitations shall not apply to claims for taxes. Claims for state taxes shall continue to be governed by § 67-1-1501 . (c) Notwithstanding subsections (a) and (b), § 71-5-116 , and §§ 30-2-306 - 30-2-309: (1) If the bureau of TennCare receives a notice to creditors as defined in § 30-2-306(b) within twelve (12) months of the decedent's date of death, then the bureau's claims and demands against the decedent's estate are forever barred unless the bureau files a claim with the probate court clerk or brings or revives suit within the later of: (A) Twelve (12) months from the decedent's date of death; or (B) Four (4) months from the date when the bureau received the notice to creditors; (2) If the bureau of TennCare does not receive a notice to creditors as defined in § 30-2-306(b) within twelve (12) months of the decedent's date of death, then the bureau's claims and demands against the decedent's estate are forever barred unless the bureau files a claim with the probate court clerk or files a petition to open or re-open a decedent's estate within forty-eight (48) months of the decedent's date of death; (3) If a claim is not filed by the bureau of TennCare pursuant to subdivision (c)(1) or (c)(2), then the requirements of § 71-5-116(c)(2) do not apply. Amended by 2021 Tenn. Acts, ch. 102, s 1, eff. 4/7/2021. Amended by 2014 Tenn. Acts, ch. 883, s 1, eff. 7/1/2014. Acts 1939, ch. 175, § 3A, as added by Acts 1947, ch. 213, § 2; 1949, ch. 176, § 1; mod. C. Supp. 1950, § 8196.4 (Williams, § 8196.3a); Acts 1971, ch. 229, § 3; T.C.A. (orig. ed.), § 30-513; Acts 1989, ch. 395, § 4; 2000, ch. 970, § 1.
(a) All claims and demands not filed with the probate court clerk, as required by §§ 30-2-306 - 30-2-309, or, if later, in which suit has not been brought or revived before the end of twelve (12) months from the date of death of the decedent, shall be forever barred.
(b) Notwithstanding subsection (a), all claims and demands not filed by the state with the probate court clerk, as required by §§ 30-2-306 - 30-2-309, or, if later, in which suit has not been brought or revived before the end of twelve (12) months from the date of death of the decedent, shall be forever barred. This statute of limitations shall not apply to claims for taxes. Claims for state taxes shall continue to be governed by § 67-1-1501 .
(c) Notwithstanding subsections (a) and (b), § 71-5-116 , and §§ 30-2-306 - 30-2-309: (1) If the bureau of TennCare receives a notice to creditors as defined in § 30-2-306(b) within twelve (12) months of the decedent's date of death, then the bureau's claims and demands against the decedent's estate are forever barred unless the bureau files a claim with the probate court clerk or brings or revives suit within the later of: (A) Twelve (12) months from the decedent's date of death; or (B) Four (4) months from the date when the bureau received the notice to creditors; (2) If the bureau of TennCare does not receive a notice to creditors as defined in § 30-2-306(b) within twelve (12) months of the decedent's date of death, then the bureau's claims and demands against the decedent's estate are forever barred unless the bureau files a claim with the probate court clerk or files a petition to open or re-open a decedent's estate within forty-eight (48) months of the decedent's date of death; (3) If a claim is not filed by the bureau of TennCare pursuant to subdivision (c)(1) or (c)(2), then the requirements of § 71-5-116(c)(2) do not apply.
(1) If the bureau of TennCare receives a notice to creditors as defined in § 30-2-306(b) within twelve (12) months of the decedent's date of death, then the bureau's claims and demands against the decedent's estate are forever barred unless the bureau files a claim with the probate court clerk or brings or revives suit within the later of: (A) Twelve (12) months from the decedent's date of death; or (B) Four (4) months from the date when the bureau received the notice to creditors;
(A) Twelve (12) months from the decedent's date of death; or
(B) Four (4) months from the date when the bureau received the notice to creditors;
(2) If the bureau of TennCare does not receive a notice to creditors as defined in § 30-2-306(b) within twelve (12) months of the decedent's date of death, then the bureau's claims and demands against the decedent's estate are forever barred unless the bureau files a claim with the probate court clerk or files a petition to open or re-open a decedent's estate within forty-eight (48) months of the decedent's date of death;
(3) If a claim is not filed by the bureau of TennCare pursuant to subdivision (c)(1) or (c)(2), then the requirements of § 71-5-116(c)(2) do not apply.
Amended by 2021 Tenn. Acts, ch. 102, s 1, eff. 4/7/2021.
Amended by 2014 Tenn. Acts, ch. 883, s 1, eff. 7/1/2014.
Acts 1939, ch. 175, § 3A, as added by Acts 1947, ch. 213, § 2; 1949, ch. 176, § 1; mod. C. Supp. 1950, § 8196.4 (Williams, § 8196.3a); Acts 1971, ch. 229, § 3; T.C.A. (orig. ed.), § 30-513; Acts 1989, ch. 395, § 4; 2000, ch. 970, § 1.
Tenn. Code Ann. § 30-1-114 — TN Code / Title 30 / Chapter 1 / Section 30-1-114
Transfer of administration to new county
Status: in_force

(a) Any person interested in an administration may have the administration transferred to a new county formed after it was granted, and including the residence of the deceased, by filing, in the clerk's office of the new county, a transcript, duly certified, of the proceedings already had in the administration, after which the administration shall be conducted as if the letters had been granted in the new county. But without so filing a transcript, the probate court of the new county, or its clerk, can do nothing in the administration. (b) The fees paid to the clerk of the old county for the transcript, by the party procuring it, shall be chargeable to the estate. Code 1858, §§ 2235, 2236 (Acts 1851-1852, ch. 149, §§ 1, 2, 4-6); Shan., §§ 3971, 3972; Code 1932, §§ 8183, 8184; T.C.A. (orig. ed.), §§ 30-401, 30-402.
(a) Any person interested in an administration may have the administration transferred to a new county formed after it was granted, and including the residence of the deceased, by filing, in the clerk's office of the new county, a transcript, duly certified, of the proceedings already had in the administration, after which the administration shall be conducted as if the letters had been granted in the new county. But without so filing a transcript, the probate court of the new county, or its clerk, can do nothing in the administration.
(b) The fees paid to the clerk of the old county for the transcript, by the party procuring it, shall be chargeable to the estate.
Code 1858, §§ 2235, 2236 (Acts 1851-1852, ch. 149, §§ 1, 2, 4-6); Shan., §§ 3971, 3972; Code 1932, §§ 8183, 8184; T.C.A. (orig. ed.), §§ 30-401, 30-402.
Tenn. Code Ann. § 30-2-604 — TN Code / Title 30 / Chapter 2 / Section 30-2-604
Examination of representative under oath
Status: in_force

The clerk or commissioner may, and, when it seems to the clerk or commissioner necessary, shall examine the accounting party, upon oath, touching the representative's receipts and disbursements. Code 1858, § 2299 (deriv. Acts 1837-1838, ch. 125, § 4); Shan., § 4035; Code 1932, § 8248; T.C.A. (orig. ed.), § 30-1105.
The clerk or commissioner may, and, when it seems to the clerk or commissioner necessary, shall examine the accounting party, upon oath, touching the representative's receipts and disbursements.
Code 1858, § 2299 (deriv. Acts 1837-1838, ch. 125, § 4); Shan., § 4035; Code 1932, § 8248; T.C.A. (orig. ed.), § 30-1105.
Tenn. Code Ann. § 30-3-204 — TN Code / Title 30 / Chapter 3 / Section 30-3-204
Limited conservatorship for specific property
Status: in_force

(a) If the spouse, or the next of kin if there is no spouse, of any person defined as an absentee under § 30-3-201(1) , wishes to sell, lease, or mortgage specific property having a gross value of five thousand dollars ($5,000) or more, owned by the absentee or in which the absentee had an interest, or take specific action with respect to the absentee's interest having a gross value of five thousand dollars ($5,000) or more, the spouse or next of kin may petition the chancery or probate court for an order authorizing the action with respect to that property or interest. (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 reasons for the action for which the petition seeks authorization; (5) Whether or not the person alleged to be an absentee has a will, the whereabouts of the will and contents if known; 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. (c) Notice of the hearing on the petition shall be given to all persons named in the petition by registered mail or certified mail with return receipt requested. (d) The judge shall hear evidence on the question of whether the person alleged to be missing, interned, beleaguered, etc., is an absentee as defined by § 30-3-201 , and on the question of whether the action in question should be authorized. Any person interested in the proceedings may intervene with leave of the court. (e) The court may in its discretion appoint a guardian ad litem to represent the alleged absentee at the hearing. (f) If after hearing, the court is satisfied that the person alleged to be an absentee is an absentee, as defined in § 30-3-201 , and that the action in question should be authorized, and that there is no necessity for a full conservatorship as provided by § 30-3-205 , the court shall enter an order appointing the petitioner as conservator for the purposes of the action that is the subject of the petition and authorizing the conservator to take the action requested in the petition. The court shall require the conservator to account for the proceeds of the sale, lease, or other action, but the conservator shall not be required to subject the other property of the absentee to a conservatorship proceeding. (g) The court may retain jurisdiction of the proceeding to make such further orders as it deems proper. Acts 1972, ch. 785, § 4; T.C.A., § 30-1904.
(a) If the spouse, or the next of kin if there is no spouse, of any person defined as an absentee under § 30-3-201(1) , wishes to sell, lease, or mortgage specific property having a gross value of five thousand dollars ($5,000) or more, owned by the absentee or in which the absentee had an interest, or take specific action with respect to the absentee's interest having a gross value of five thousand dollars ($5,000) or more, the spouse or next of kin may petition the chancery or probate court for an order authorizing the action with respect to that property or interest.
(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 reasons for the action for which the petition seeks authorization; (5) Whether or not the person alleged to be an absentee has a will, the whereabouts of the will and contents if known; 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 reasons for the action for which the petition seeks authorization;
(5) Whether or not the person alleged to be an absentee has a will, the whereabouts of the will and contents if known; 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.
(c) Notice of the hearing on the petition shall be given to all persons named in the petition by registered mail or certified mail with return receipt requested.
(d) The judge shall hear evidence on the question of whether the person alleged to be missing, interned, beleaguered, etc., is an absentee as defined by § 30-3-201 , and on the question of whether the action in question should be authorized. Any person interested in the proceedings may intervene with leave of the court.
(e) The court may in its discretion appoint a guardian ad litem to represent the alleged absentee at the hearing.
(f) If after hearing, the court is satisfied that the person alleged to be an absentee is an absentee, as defined in § 30-3-201 , and that the action in question should be authorized, and that there is no necessity for a full conservatorship as provided by § 30-3-205 , the court shall enter an order appointing the petitioner as conservator for the purposes of the action that is the subject of the petition and authorizing the conservator to take the action requested in the petition. The court shall require the conservator to account for the proceeds of the sale, lease, or other action, but the conservator shall not be required to subject the other property of the absentee to a conservatorship proceeding.
(g) The court may retain jurisdiction of the proceeding to make such further orders as it deems proper.
Acts 1972, ch. 785, § 4; T.C.A., § 30-1904.
Tenn. Code Ann. § 30-2-414 — TN Code / Title 30 / Chapter 2 / Section 30-2-414
Execution issuing against realty
Status: in_force

If judgment or decree pass against the heirs or devisees, or any of them, execution shall be issued against the real estate of the deceased debtor descended or devised. Code 1858, § 2264 (deriv. Acts 1784 (Oct.), ch. 11, § 2); Shan., § 3997; Code 1932, § 8209; T.C.A. (orig. ed.), § 30-617.
If judgment or decree pass against the heirs or devisees, or any of them, execution shall be issued against the real estate of the deceased debtor descended or devised.
Code 1858, § 2264 (deriv. Acts 1784 (Oct.), ch. 11, § 2); Shan., § 3997; Code 1932, § 8209; T.C.A. (orig. ed.), § 30-617.
Tenn. Code Ann. § 30-1-119 — TN Code / Title 30 / Chapter 1 / Section 30-1-119
Procedure for removal
Status: in_force

Any executor or administrator may be removed in accordance with the procedures in § 35-15-706 . Acts 2002, ch. 735, § 3; 2005, ch. 99, § 1; T.C.A. § 30-1-151 .
Any executor or administrator may be removed in accordance with the procedures in § 35-15-706 .
Acts 2002, ch. 735, § 3; 2005, ch. 99, § 1; T.C.A. § 30-1-151 .
Tenn. Code Ann. § 30-2-605 — TN Code / Title 30 / Chapter 2 / Section 30-2-605
Continuance of settlement
Status: in_force

On sufficient cause shown by affidavit, the clerk may continue the settlement from time to time. Code 1858, § 2300 (deriv. Acts 1837-1838, ch. 125, § 3); Shan., § 4036; Code 1932, § 8249; T.C.A. (orig. ed.), § 30-1106.
On sufficient cause shown by affidavit, the clerk may continue the settlement from time to time.
Code 1858, § 2300 (deriv. Acts 1837-1838, ch. 125, § 3); Shan., § 4036; Code 1932, § 8249; T.C.A. (orig. ed.), § 30-1106.
Tenn. Code Ann. § 30-2-105 — TN Code / Title 30 / Chapter 2 / Section 30-2-105
Administrator as trustee for children's allowance
Status: in_force

The administrator shall be trustee for the management of the property so set apart as the allowance for the children, until the appointment of a guardian, to whom the administrator shall pay it over, and take receipt. Acts 1967, ch. 146, § 1; T.C.A., § 30-806.
The administrator shall be trustee for the management of the property so set apart as the allowance for the children, until the appointment of a guardian, to whom the administrator shall pay it over, and take receipt.
Acts 1967, ch. 146, § 1; T.C.A., § 30-806.
Tenn. Code Ann. § 30-3-106 — TN Code / Title 30 / Chapter 3 / Section 30-3-106
Notices
Status: in_force

All notices required under this part shall be served upon all parties, ordered by the court to be served, in the manner prescribed by existing statutes or rules, except that in addition thereto the absentee shall be served by publication once a week for four (4) successive weeks in a newspaper printed in the English language of general circulation in the county of the absentee's domicile, the last publication to be not less than ten (10) nor more than twenty (20) days prior to the time set for any hearing. The original notice prescribed in § 30-3-104 , shall require each person claiming an interest in the property of the absentee to file in court within a time fixed by the court a statement of the nature and extent of such interest. Acts 1941, ch. 102, § 4; C. Supp. 1950, § 8407.13; T.C.A. (orig. ed.), § 30-1806.
All notices required under this part shall be served upon all parties, ordered by the court to be served, in the manner prescribed by existing statutes or rules, except that in addition thereto the absentee shall be served by publication once a week for four (4) successive weeks in a newspaper printed in the English language of general circulation in the county of the absentee's domicile, the last publication to be not less than ten (10) nor more than twenty (20) days prior to the time set for any hearing. The original notice prescribed in § 30-3-104 , shall require each person claiming an interest in the property of the absentee to file in court within a time fixed by the court a statement of the nature and extent of such interest.
Acts 1941, ch. 102, § 4; C. Supp. 1950, § 8407.13; T.C.A. (orig. ed.), § 30-1806.
Tenn. Code Ann. § 30-2-207 — TN Code / Title 30 / Chapter 2 / Section 30-2-207
Order delivered to surveyor - Commissioners notified to lay off homestead - Oath
Status: in_force

The clerk of the court shall, within forty (40) days after the adjournment of the court, deliver to the surveyor a copy of the order, and thereupon the surveyor shall notify the two (2) commissioners of the time and place, to be designated by the surveyor, of laying off the homestead; before entering upon that duty, the surveyor shall administer to the commissioners an oath for the faithful and true performance of that duty. Code 1858, § 2415 (deriv. Acts 1849-1850, ch. 77, § 6; 1851-1852, ch. 95, § 1); Shan., § 4158; mod. Code 1932, § 8375; impl. am. Acts 1976, ch. 529, § 1; T.C.A. (orig. ed.), § 30-909.
The clerk of the court shall, within forty (40) days after the adjournment of the court, deliver to the surveyor a copy of the order, and thereupon the surveyor shall notify the two (2) commissioners of the time and place, to be designated by the surveyor, of laying off the homestead; before entering upon that duty, the surveyor shall administer to the commissioners an oath for the faithful and true performance of that duty.
Code 1858, § 2415 (deriv. Acts 1849-1850, ch. 77, § 6; 1851-1852, ch. 95, § 1); Shan., § 4158; mod. Code 1932, § 8375; impl. am. Acts 1976, ch. 529, § 1; T.C.A. (orig. ed.), § 30-909.
Tenn. Code Ann. § 30-1-304 — TN Code / Title 30 / Chapter 1 / Section 30-1-304
Bill filed by next of kin - Parties
Status: in_force

If the bill is filed by the next of kin, or any of them, it shall be on behalf of all the distributees and heirs against the creditors, who may become defendants. Code 1858, § 2212 (deriv. Acts 1841-1842, ch. 177, § 1); Shan., § 3946; Code 1932, § 8158; T.C.A. (orig. ed.), § 30-304.
If the bill is filed by the next of kin, or any of them, it shall be on behalf of all the distributees and heirs against the creditors, who may become defendants.
Code 1858, § 2212 (deriv. Acts 1841-1842, ch. 177, § 1); Shan., § 3946; Code 1932, § 8158; T.C.A. (orig. ed.), § 30-304.
Tenn. Code Ann. § 30-1-111 — TN Code / Title 30 / Chapter 1 / Section 30-1-111
Oath of personal representative
Status: in_force

The clerk shall, before delivering the letters of administration or letters testamentary to the personal representative, administer to the representative, if an executor, an oath for performing the will of the deceased; and, if an administrator, an oath for the faithful performance of the administrator's duty; and, as to both, an oath that all statements in the petition about the representative are true and accurate and the representative is not disqualified from serving because of having been sentenced to imprisonment in a penitentiary as set forth in § 40-20-115 or otherwise. In the alternative, the oaths of the administrator or executor may be sworn or affirmed in the presence of a notary public and the acknowledgment of the representative's oaths, when certified by the notary public, shall be presented to the appropriate clerk. Amended by 2019 Tenn. Acts, ch. 332, s 2, eff. 5/10/2019. Code 1858, § 2221 (deriv. Acts 1715, ch. 48, § 5); Shan., § 3956; Code 1932, § 8168; Acts 1983, ch. 55, § 1; T.C.A. (orig. ed.), § 30-114.
The clerk shall, before delivering the letters of administration or letters testamentary to the personal representative, administer to the representative, if an executor, an oath for performing the will of the deceased; and, if an administrator, an oath for the faithful performance of the administrator's duty; and, as to both, an oath that all statements in the petition about the representative are true and accurate and the representative is not disqualified from serving because of having been sentenced to imprisonment in a penitentiary as set forth in § 40-20-115 or otherwise. In the alternative, the oaths of the administrator or executor may be sworn or affirmed in the presence of a notary public and the acknowledgment of the representative's oaths, when certified by the notary public, shall be presented to the appropriate clerk.
Amended by 2019 Tenn. Acts, ch. 332, s 2, eff. 5/10/2019.
Code 1858, § 2221 (deriv. Acts 1715, ch. 48, § 5); Shan., § 3956; Code 1932, § 8168; Acts 1983, ch. 55, § 1; T.C.A. (orig. ed.), § 30-114.
Tenn. Code Ann. § 30-3-105 — TN Code / Title 30 / Chapter 3 / Section 30-3-105
Temporary receiver
Status: in_force

(a) Upon the filing of the application referred to in § 30-3-104 , the court may for cause shown appoint a temporary receiver to take charge of the property of the absentee and conserve it pending hearing upon the application. Such temporary receiver shall qualify by giving bond in an amount and with surety to be approved by the court and shall exercise only the powers named by the court. (b) Should a permanent receiver be appointed, the temporary receiver shall turn over all property in the temporary receiver's possession, less such as may be necessary to cover the temporary receiver's expenses and compensation as allowed by the court, to the permanent receiver, and shall file the temporary receiver's final account and upon its approval be discharged. (c) Should the application for permanent receiver be denied, the temporary receiver shall restore to those from whom it may have been obtained all property in the temporary receiver's possession, less only as may be necessary to cover the temporary receiver's expenses and compensation as allowed by the court, and shall file a final account and be discharged. Where the application is denied the expenses of the temporary receivership and the compensation of the temporary receiver may, in the discretion of the court, be taxed as costs of the proceeding to be paid by the applicant and shall be enforceable by the temporary receiver against the applicant. Acts 1941, ch. 102, § 3; C. Supp. 1950, § 8407.12; T.C.A. (orig. ed.), § 30-1805.
(a) Upon the filing of the application referred to in § 30-3-104 , the court may for cause shown appoint a temporary receiver to take charge of the property of the absentee and conserve it pending hearing upon the application. Such temporary receiver shall qualify by giving bond in an amount and with surety to be approved by the court and shall exercise only the powers named by the court.
(b) Should a permanent receiver be appointed, the temporary receiver shall turn over all property in the temporary receiver's possession, less such as may be necessary to cover the temporary receiver's expenses and compensation as allowed by the court, to the permanent receiver, and shall file the temporary receiver's final account and upon its approval be discharged.
(c) Should the application for permanent receiver be denied, the temporary receiver shall restore to those from whom it may have been obtained all property in the temporary receiver's possession, less only as may be necessary to cover the temporary receiver's expenses and compensation as allowed by the court, and shall file a final account and be discharged. Where the application is denied the expenses of the temporary receivership and the compensation of the temporary receiver may, in the discretion of the court, be taxed as costs of the proceeding to be paid by the applicant and shall be enforceable by the temporary receiver against the applicant.
Acts 1941, ch. 102, § 3; C. Supp. 1950, § 8407.12; T.C.A. (orig. ed.), § 30-1805.
Tenn. Code Ann. § 30-2-321 — TN Code / Title 30 / Chapter 2 / Section 30-2-321
Computation of time
Status: in_force

Wherever in this title any period of time is required to be computed from the date of the notice to creditors, the computation shall be made from the date of the first publication of the notice, in case of published notices, or from the date of the posting of the notice, in case of posted notices, as shown by the filed proof of the publication or of the posting of the notices as required by § 30-2-306 . Acts 1939, ch. 175, § 9; C. Supp. 1950, § 8196.12 (Williams, § 8196.9); T.C.A. (orig. ed.), § 30-525.
Wherever in this title any period of time is required to be computed from the date of the notice to creditors, the computation shall be made from the date of the first publication of the notice, in case of published notices, or from the date of the posting of the notice, in case of posted notices, as shown by the filed proof of the publication or of the posting of the notices as required by § 30-2-306 .
Acts 1939, ch. 175, § 9; C. Supp. 1950, § 8196.12 (Williams, § 8196.9); T.C.A. (orig. ed.), § 30-525.
Tenn. Code Ann. § 30-1-108 — TN Code / Title 30 / Chapter 1 / Section 30-1-108
Administrator pendente lite
Status: in_force

The probate judges are authorized to appoint an administrator pendente lite in any case that may arise in their respective courts where any will may be the subject of contest or litigation. Acts 1859-1860, ch. 62; Shan., § 3942; mod. Code 1932, § 8154; T.C.A. (orig. ed.), § 30-112.
The probate judges are authorized to appoint an administrator pendente lite in any case that may arise in their respective courts where any will may be the subject of contest or litigation.
Acts 1859-1860, ch. 62; Shan., § 3942; mod. Code 1932, § 8154; T.C.A. (orig. ed.), § 30-112.
Tenn. Code Ann. § 30-1-117 — TN Code / Title 30 / Chapter 1 / Section 30-1-117
Petition and documents required to be filed with application for letters
Status: in_force

(a) To apply for letters of administration or letters testamentary to administer the estate of a decedent, a verified petition containing the following information and documents shall be filed with the court: (1) The identity of the petitioner; (2) The decedent's name, age, if known, date and place of death, and residence at time of death; (3) In case of intestacy, the name, age, if known, mailing address and relationship of each heir at law of the decedent; (4) A statement that the decedent died intestate or the date of execution, if known, and the names of all attesting witnesses of the document or documents offered for probate; (5) The document or documents offered for probate, or a copy thereof, as an exhibit to the petition; (6) The names and relationships of the devisees and legatees and the city of residence of each if known, similar information for those who otherwise would be entitled to the decedent's property under the statutes of intestate succession, and the identification of any minor or other person under disability; (7) An estimate of the fair market value of the estate to be administered, unless bond is waived by the document offered for probate or is waived as authorized by statute; (8) If there is a document, whether the document offered for probate waives the filing of any inventory and accounting or whether such is not otherwise required by law; (9) If there is a document, a statement that the petitioner is not aware of any instrument revoking the document being offered for probate, if that is the case, and that the petitioner believes that the document being offered for probate is the decedent's last will; (10) The name, age, mailing address, relationship of the proposed personal representative to the decedent, a statement of any felony or misdemeanor convictions, and a statement of any sentence of imprisonment in a penitentiary; and (11) A statement identifying if the decedent was the owner of or had a controlling interest in any ongoing business or economic enterprise that is or may be part of the estate to be administered, and, if so, the names and addresses of all such ongoing business or economic enterprises. (b) No notice of the probate proceeding shall be required except for probate in solemn form, which shall require due notice in the manner provided by law to all persons interested. Amended by 2022 Tenn. Acts, ch. 912, s 1, eff. 7/1/2022. Amended by 2019 Tenn. Acts, ch. 332, s 1, eff. 5/10/2019. Acts 1997 , ch. 426, § 1.
(a) To apply for letters of administration or letters testamentary to administer the estate of a decedent, a verified petition containing the following information and documents shall be filed with the court: (1) The identity of the petitioner; (2) The decedent's name, age, if known, date and place of death, and residence at time of death; (3) In case of intestacy, the name, age, if known, mailing address and relationship of each heir at law of the decedent; (4) A statement that the decedent died intestate or the date of execution, if known, and the names of all attesting witnesses of the document or documents offered for probate; (5) The document or documents offered for probate, or a copy thereof, as an exhibit to the petition; (6) The names and relationships of the devisees and legatees and the city of residence of each if known, similar information for those who otherwise would be entitled to the decedent's property under the statutes of intestate succession, and the identification of any minor or other person under disability; (7) An estimate of the fair market value of the estate to be administered, unless bond is waived by the document offered for probate or is waived as authorized by statute; (8) If there is a document, whether the document offered for probate waives the filing of any inventory and accounting or whether such is not otherwise required by law; (9) If there is a document, a statement that the petitioner is not aware of any instrument revoking the document being offered for probate, if that is the case, and that the petitioner believes that the document being offered for probate is the decedent's last will; (10) The name, age, mailing address, relationship of the proposed personal representative to the decedent, a statement of any felony or misdemeanor convictions, and a statement of any sentence of imprisonment in a penitentiary; and (11) A statement identifying if the decedent was the owner of or had a controlling interest in any ongoing business or economic enterprise that is or may be part of the estate to be administered, and, if so, the names and addresses of all such ongoing business or economic enterprises.
(1) The identity of the petitioner;
(2) The decedent's name, age, if known, date and place of death, and residence at time of death;
(3) In case of intestacy, the name, age, if known, mailing address and relationship of each heir at law of the decedent;
(4) A statement that the decedent died intestate or the date of execution, if known, and the names of all attesting witnesses of the document or documents offered for probate;
(5) The document or documents offered for probate, or a copy thereof, as an exhibit to the petition;
(6) The names and relationships of the devisees and legatees and the city of residence of each if known, similar information for those who otherwise would be entitled to the decedent's property under the statutes of intestate succession, and the identification of any minor or other person under disability;
(7) An estimate of the fair market value of the estate to be administered, unless bond is waived by the document offered for probate or is waived as authorized by statute;
(8) If there is a document, whether the document offered for probate waives the filing of any inventory and accounting or whether such is not otherwise required by law;
(9) If there is a document, a statement that the petitioner is not aware of any instrument revoking the document being offered for probate, if that is the case, and that the petitioner believes that the document being offered for probate is the decedent's last will;
(10) The name, age, mailing address, relationship of the proposed personal representative to the decedent, a statement of any felony or misdemeanor convictions, and a statement of any sentence of imprisonment in a penitentiary; and
(11) A statement identifying if the decedent was the owner of or had a controlling interest in any ongoing business or economic enterprise that is or may be part of the estate to be administered, and, if so, the names and addresses of all such ongoing business or economic enterprises.
(b) No notice of the probate proceeding shall be required except for probate in solemn form, which shall require due notice in the manner provided by law to all persons interested.
Amended by 2022 Tenn. Acts, ch. 912, s 1, eff. 7/1/2022.
Amended by 2019 Tenn. Acts, ch. 332, s 1, eff. 5/10/2019.
Acts 1997 , ch. 426, § 1.
Tenn. Code Ann. § 30-2-704 — TN Code / Title 30 / Chapter 2 / Section 30-2-704
Refunding bonds
Status: in_force

Every legatee and distributee, or representative of a legatee or distributee, who applies for payment of that person's portion of the decedent's estate, or any part thereof, prior to the time provided by law, shall, before receiving the payment, give bond with two (2) or more sufficient sureties, or one (1) corporate surety, in double the amount to be paid, payable to the state, conditioned that if any debt or debts truly owing by the deceased shall be afterwards sued for and recovered or be otherwise duly made to appear, the legatee or distributee shall refund and pay the ratable part of the debt or debts out of the share or part so allotted to the legatee or distributee. Code 1858, § 2316 (deriv. Acts 1715, ch. 48, § 7; 1789, ch. 23, § 2); Shan., § 4053; mod. Code 1932, § 8336; mod. C. Supp. 1950, § 8336; T.C.A. (orig. ed.), § 30-1304.
Every legatee and distributee, or representative of a legatee or distributee, who applies for payment of that person's portion of the decedent's estate, or any part thereof, prior to the time provided by law, shall, before receiving the payment, give bond with two (2) or more sufficient sureties, or one (1) corporate surety, in double the amount to be paid, payable to the state, conditioned that if any debt or debts truly owing by the deceased shall be afterwards sued for and recovered or be otherwise duly made to appear, the legatee or distributee shall refund and pay the ratable part of the debt or debts out of the share or part so allotted to the legatee or distributee.
Code 1858, § 2316 (deriv. Acts 1715, ch. 48, § 7; 1789, ch. 23, § 2); Shan., § 4053; mod. Code 1932, § 8336; mod. C. Supp. 1950, § 8336; T.C.A. (orig. ed.), § 30-1304.
Tenn. Code Ann. § 30-3-201 — TN Code / Title 30 / Chapter 3 / Section 30-3-201
"Absentee" defined
Status: in_force

As used in this part unless the context otherwise requires, an "absentee" is: (1) Any person serving in or with the armed forces of the United States, in or with the Red Cross, in or with the merchant marines or otherwise, during any period of time when a state of hostilities exists between the United States and any other power and for one (1) year thereafter, who has been reported or listed as missing in action, interned in a neutral country, beleaguered, besieged or captured by the enemy; and (2) Any resident of this state, or any person owning property in this state, who disappears under circumstances indicating that the person may have died, either naturally, accidentally or at the hand of another, or may have disappeared as the result of mental derangement, amnesia or other mental cause. Acts 1972, ch. 785, § 1; T.C.A., § 30-1901.
As used in this part unless the context otherwise requires, an "absentee" is:
(1) Any person serving in or with the armed forces of the United States, in or with the Red Cross, in or with the merchant marines or otherwise, during any period of time when a state of hostilities exists between the United States and any other power and for one (1) year thereafter, who has been reported or listed as missing in action, interned in a neutral country, beleaguered, besieged or captured by the enemy; and
(2) Any resident of this state, or any person owning property in this state, who disappears under circumstances indicating that the person may have died, either naturally, accidentally or at the hand of another, or may have disappeared as the result of mental derangement, amnesia or other mental cause.
Acts 1972, ch. 785, § 1; T.C.A., § 30-1901.
Tenn. Code Ann. § 30-3-113 — TN Code / Title 30 / Chapter 3 / Section 30-3-113
Fund for reimbursement of appearing absentees
Status: in_force

(a) In each case of termination of receivership as provided in § 30-3-110 , the court, except in cases where the proceedings have been certified to the probate court under § 30-3-108(a) or (c) , shall set aside the sum there named and direct its payment by the receiver to the state treasurer, who shall deal with such sum in accordance with the Uniform Unclaimed Property Act, compiled in title 66, chapter 29. (b) Any person lawfully entitled to receive any money paid to the state treasurer pursuant to this section may claim the amount due in accordance with the Uniform Unclaimed Property Act. (c) All sums held by the state treasurer under this part prior to May 9, 2005, shall be transferred to the appropriate account within the state treasury that is maintained for the prompt payment of claims under the Uniform Disposition of Unclaimed Property Act, and all such sums and claims shall be handled in accordance with the Uniform Disposition of Unclaimed Property Act. Amended by 2017 Tenn. Acts, ch. 457,s 2, eff. 7/1/2017. Acts 1941, ch. 102, § 11; C. Supp. 1950, § 8407.20; T.C.A. (orig. ed.), § 30-1813; Acts 2001, ch. 121, § 5; 2005, ch. 141, § 1.
(a) In each case of termination of receivership as provided in § 30-3-110 , the court, except in cases where the proceedings have been certified to the probate court under § 30-3-108(a) or (c) , shall set aside the sum there named and direct its payment by the receiver to the state treasurer, who shall deal with such sum in accordance with the Uniform Unclaimed Property Act, compiled in title 66, chapter 29.
(b) Any person lawfully entitled to receive any money paid to the state treasurer pursuant to this section may claim the amount due in accordance with the Uniform Unclaimed Property Act.
(c) All sums held by the state treasurer under this part prior to May 9, 2005, shall be transferred to the appropriate account within the state treasury that is maintained for the prompt payment of claims under the Uniform Disposition of Unclaimed Property Act, and all such sums and claims shall be handled in accordance with the Uniform Disposition of Unclaimed Property Act.
Amended by 2017 Tenn. Acts, ch. 457,s 2, eff. 7/1/2017.
Acts 1941, ch. 102, § 11; C. Supp. 1950, § 8407.20; T.C.A. (orig. ed.), § 30-1813; Acts 2001, ch. 121, § 5; 2005, ch. 141, § 1.
Tenn. Code Ann. § 30-1-301 — TN Code / Title 30 / Chapter 1 / Section 30-1-301
Jurisdiction
Status: in_force

The chancery court of the county in which any person resided at the time of the decedent's death, or in which the decedent's estate, goods, and chattels or effects were at the time of the decedent's death, may appoint an administrator when six (6) months have elapsed from the death, and no person will apply or can be procured to administer on the decedent's estate. Code 1858, § 2209 (deriv. Acts 1841-1842, ch. 177, § 1); Shan., § 3943; Code 1932, § 8155; T.C.A. (orig. ed.), § 30-301.
The chancery court of the county in which any person resided at the time of the decedent's death, or in which the decedent's estate, goods, and chattels or effects were at the time of the decedent's death, may appoint an administrator when six (6) months have elapsed from the death, and no person will apply or can be procured to administer on the decedent's estate.
Code 1858, § 2209 (deriv. Acts 1841-1842, ch. 177, § 1); Shan., § 3943; Code 1932, § 8155; T.C.A. (orig. ed.), § 30-301.
Tenn. Code Ann. § 30-1-201 — TN Code / Title 30 / Chapter 1 / Section 30-1-201
When bond required
Status: in_force

(a) (1) The clerk shall not require a bond of the personal representative before issuing letters testamentary or letters of administration if: (A) The decedent by will excuses the personal representative from making bond; (B) The personal representative and the sole beneficiary of the estate are the same person and the court approves; (C) All of the beneficiaries are adults, who are not under a disability that would preclude them from acting, and all beneficiaries consent to the personal representative serving without bond by filing a sworn statement, or a statement under penalty of perjury, with the court and the court approves; or (D) The personal representative is a bank that is excused from the requirements of bond by § 45-2-1005 . (2) If the preceding exemptions from making bond do not apply, the clerk, before issuing the letters, shall take from the personal representative a bond payable to the state, with two (2) or more sufficient sureties or one (1) corporate surety, in an amount determined by the court. If bond is required, the bond shall not be less than the value of the estate of the decedent subject to administration nor more than double the value of the estate and the court may increase or decrease the amount at any time by order. (b) Any interested person may petition the court to suggest and show that the personal representative is wasting, or likely to waste, the estate. In this event, the court may require bond in an amount it deems advisable. Amended by 2016 Tenn. Acts, ch. 809,s 6, eff. 4/14/2016. Code 1858, § 2222 (deriv. Acts 1715, ch. 48, § 5; 1813, ch. 120, § 4); Shan., § 3957; Acts 1923, ch. 48, § 1; Shan. Supp., § 3957a1; mod. Code 1932, § 8169; T.C.A. (orig. ed.), § 30-201; Acts 1985, ch. 140, § 6.
(a) (1) The clerk shall not require a bond of the personal representative before issuing letters testamentary or letters of administration if: (A) The decedent by will excuses the personal representative from making bond; (B) The personal representative and the sole beneficiary of the estate are the same person and the court approves; (C) All of the beneficiaries are adults, who are not under a disability that would preclude them from acting, and all beneficiaries consent to the personal representative serving without bond by filing a sworn statement, or a statement under penalty of perjury, with the court and the court approves; or (D) The personal representative is a bank that is excused from the requirements of bond by § 45-2-1005 . (2) If the preceding exemptions from making bond do not apply, the clerk, before issuing the letters, shall take from the personal representative a bond payable to the state, with two (2) or more sufficient sureties or one (1) corporate surety, in an amount determined by the court. If bond is required, the bond shall not be less than the value of the estate of the decedent subject to administration nor more than double the value of the estate and the court may increase or decrease the amount at any time by order.
(1) The clerk shall not require a bond of the personal representative before issuing letters testamentary or letters of administration if: (A) The decedent by will excuses the personal representative from making bond; (B) The personal representative and the sole beneficiary of the estate are the same person and the court approves; (C) All of the beneficiaries are adults, who are not under a disability that would preclude them from acting, and all beneficiaries consent to the personal representative serving without bond by filing a sworn statement, or a statement under penalty of perjury, with the court and the court approves; or (D) The personal representative is a bank that is excused from the requirements of bond by § 45-2-1005 .
(A) The decedent by will excuses the personal representative from making bond;
(B) The personal representative and the sole beneficiary of the estate are the same person and the court approves;
(C) All of the beneficiaries are adults, who are not under a disability that would preclude them from acting, and all beneficiaries consent to the personal representative serving without bond by filing a sworn statement, or a statement under penalty of perjury, with the court and the court approves; or
(D) The personal representative is a bank that is excused from the requirements of bond by § 45-2-1005 .
(2) If the preceding exemptions from making bond do not apply, the clerk, before issuing the letters, shall take from the personal representative a bond payable to the state, with two (2) or more sufficient sureties or one (1) corporate surety, in an amount determined by the court. If bond is required, the bond shall not be less than the value of the estate of the decedent subject to administration nor more than double the value of the estate and the court may increase or decrease the amount at any time by order.
(b) Any interested person may petition the court to suggest and show that the personal representative is wasting, or likely to waste, the estate. In this event, the court may require bond in an amount it deems advisable.
Amended by 2016 Tenn. Acts, ch. 809,s 6, eff. 4/14/2016.
Code 1858, § 2222 (deriv. Acts 1715, ch. 48, § 5; 1813, ch. 120, § 4); Shan., § 3957; Acts 1923, ch. 48, § 1; Shan. Supp., § 3957a1; mod. Code 1932, § 8169; T.C.A. (orig. ed.), § 30-201; Acts 1985, ch. 140, § 6.
Tenn. Code Ann. § 30-1-104 — TN Code / Title 30 / Chapter 1 / Section 30-1-104
Service of process upon nonresident representative
Status: in_force

(a) (1) Whenever a nonresident of the state qualifies in this state as the executor or administrator of a person dying in or leaving assets or property in this state, for the purpose of suing or being sued, or for the purpose of being cited or otherwise notified by the court in which the decedent's estate is being administered, the nonresident shall be deemed to have assented to be treated as a resident citizen of this state. (2) In case it is desired by any citizen or resident of this state to sue the administrator or executor in the administrator's or executor's official capacity for any debt or demand, due or owing to any citizen or resident of this state, from the testator or intestate, then, in case of the inability of the officer in whose hands process is placed to find the administrator or executor in this state, notice of the suit, served upon the clerk of the probate court of the county in which the party qualified as administrator or executor, shall be sufficient notice to bring the administrator or executor before the court issuing the process; provided, that the clerk shall notify by United States registered return-receipt mail the executor or administrator of notice having been served upon the clerk. (b) The nonresident of the state, qualifying as executor or administrator as aforementioned, shall give to the clerk of the probate court of the county in which the nonresident qualifies the nonresident's address, and a letter so mailed to the nonresident at that address shall be sufficient notice, unless subsequently changed and notice accordingly given to the probate court clerk, in which event notice to the changed address, shall be sufficient. Acts 1903, ch. 501, §§ 1, 2; Shan., §§ 3937a1, 3937a2; mod. Code 1932, §§ 8148, 8149; T.C.A. (orig. ed.), §§ 30-106, 30-107; Acts 1997, ch. 426, § 2.
(a) (1) Whenever a nonresident of the state qualifies in this state as the executor or administrator of a person dying in or leaving assets or property in this state, for the purpose of suing or being sued, or for the purpose of being cited or otherwise notified by the court in which the decedent's estate is being administered, the nonresident shall be deemed to have assented to be treated as a resident citizen of this state. (2) In case it is desired by any citizen or resident of this state to sue the administrator or executor in the administrator's or executor's official capacity for any debt or demand, due or owing to any citizen or resident of this state, from the testator or intestate, then, in case of the inability of the officer in whose hands process is placed to find the administrator or executor in this state, notice of the suit, served upon the clerk of the probate court of the county in which the party qualified as administrator or executor, shall be sufficient notice to bring the administrator or executor before the court issuing the process; provided, that the clerk shall notify by United States registered return-receipt mail the executor or administrator of notice having been served upon the clerk.
(1) Whenever a nonresident of the state qualifies in this state as the executor or administrator of a person dying in or leaving assets or property in this state, for the purpose of suing or being sued, or for the purpose of being cited or otherwise notified by the court in which the decedent's estate is being administered, the nonresident shall be deemed to have assented to be treated as a resident citizen of this state.
(2) In case it is desired by any citizen or resident of this state to sue the administrator or executor in the administrator's or executor's official capacity for any debt or demand, due or owing to any citizen or resident of this state, from the testator or intestate, then, in case of the inability of the officer in whose hands process is placed to find the administrator or executor in this state, notice of the suit, served upon the clerk of the probate court of the county in which the party qualified as administrator or executor, shall be sufficient notice to bring the administrator or executor before the court issuing the process; provided, that the clerk shall notify by United States registered return-receipt mail the executor or administrator of notice having been served upon the clerk.
(b) The nonresident of the state, qualifying as executor or administrator as aforementioned, shall give to the clerk of the probate court of the county in which the nonresident qualifies the nonresident's address, and a letter so mailed to the nonresident at that address shall be sufficient notice, unless subsequently changed and notice accordingly given to the probate court clerk, in which event notice to the changed address, shall be sufficient.
Acts 1903, ch. 501, §§ 1, 2; Shan., §§ 3937a1, 3937a2; mod. Code 1932, §§ 8148, 8149; T.C.A. (orig. ed.), §§ 30-106, 30-107; Acts 1997, ch. 426, § 2.
Tenn. Code Ann. § 30-2-606 — TN Code / Title 30 / Chapter 2 / Section 30-2-606
Charges, disbursements, and compensation credited to accounting party
Status: in_force

The clerk shall charge every accounting party with all sums of money the accounting party has received, or might have received by using due and reasonable diligence, and shall credit the accounting party with a reasonable compensation for services, and with disbursements supported by lawful vouchers. Code 1858, § 2301 (deriv. Acts 1837-1838, ch. 111, § 15; 1837-1838, ch. 125, § 4); Shan., § 4037; Code 1932, § 8250; T.C.A. (orig. ed.), § 30-1107.
The clerk shall charge every accounting party with all sums of money the accounting party has received, or might have received by using due and reasonable diligence, and shall credit the accounting party with a reasonable compensation for services, and with disbursements supported by lawful vouchers.
Code 1858, § 2301 (deriv. Acts 1837-1838, ch. 111, § 15; 1837-1838, ch. 125, § 4); Shan., § 4037; Code 1932, § 8250; T.C.A. (orig. ed.), § 30-1107.
Tenn. Code Ann. § 30-3-103 — TN Code / Title 30 / Chapter 3 / Section 30-3-103
Provisions of insurance policies relative to proof of absence or death declared invalid - Statutory period of limitations
Status: in_force

(a) No provisions concerning the effect to be given to evidence of absence or of death, in any policy of life or accident insurance or in the charter or bylaws of any mutual or fraternal insurance association executed or adopted after February 15, 1941, shall be valid. (b) (1) When any such policy, charter or bylaws executed or adopted after February 15, 1941, contains a provision requiring a beneficiary to bring suit upon a claim of death within one (1) year or other period after the death of the insured, and the fact of the absence of the insured is relied upon by the beneficiary as evidence of the death, the action may be begun, notwithstanding such provision in the policy or charter or bylaws, at any time within the statutory period of limitation for actions on contracts in writing dating from the date of the giving of written notice of such absence to the insurer, which notice shall be given within one (1) year from the date when the beneficiary last heard of the absent insured. If such notice is not given, then the statutory period runs from the time when the absent person was last heard of by the beneficiary. (2) Provided, that if the seven (7) year absence is relied upon to establish death, then the statutory period of limitations shall only commence to run at the end of the seven (7) years. Acts 1941, ch. 102, § 2; C. Supp. 1950, § 8407.11; T.C.A. (orig. ed.), § 30-1803.
(a) No provisions concerning the effect to be given to evidence of absence or of death, in any policy of life or accident insurance or in the charter or bylaws of any mutual or fraternal insurance association executed or adopted after February 15, 1941, shall be valid.
(b) (1) When any such policy, charter or bylaws executed or adopted after February 15, 1941, contains a provision requiring a beneficiary to bring suit upon a claim of death within one (1) year or other period after the death of the insured, and the fact of the absence of the insured is relied upon by the beneficiary as evidence of the death, the action may be begun, notwithstanding such provision in the policy or charter or bylaws, at any time within the statutory period of limitation for actions on contracts in writing dating from the date of the giving of written notice of such absence to the insurer, which notice shall be given within one (1) year from the date when the beneficiary last heard of the absent insured. If such notice is not given, then the statutory period runs from the time when the absent person was last heard of by the beneficiary. (2) Provided, that if the seven (7) year absence is relied upon to establish death, then the statutory period of limitations shall only commence to run at the end of the seven (7) years.
(1) When any such policy, charter or bylaws executed or adopted after February 15, 1941, contains a provision requiring a beneficiary to bring suit upon a claim of death within one (1) year or other period after the death of the insured, and the fact of the absence of the insured is relied upon by the beneficiary as evidence of the death, the action may be begun, notwithstanding such provision in the policy or charter or bylaws, at any time within the statutory period of limitation for actions on contracts in writing dating from the date of the giving of written notice of such absence to the insurer, which notice shall be given within one (1) year from the date when the beneficiary last heard of the absent insured. If such notice is not given, then the statutory period runs from the time when the absent person was last heard of by the beneficiary.
(2) Provided, that if the seven (7) year absence is relied upon to establish death, then the statutory period of limitations shall only commence to run at the end of the seven (7) years.
Acts 1941, ch. 102, § 2; C. Supp. 1950, § 8407.11; T.C.A. (orig. ed.), § 30-1803.
Tenn. Code Ann. § 30-1-112 — TN Code / Title 30 / Chapter 1 / Section 30-1-112
Resignation of personal representative
Status: in_force

(a) Any named executor in a decedent's last will and testament may decline to serve as such personal representative by filing a sworn statement, or a statement under penalty of perjury, with the court. (b) Any personal representative may resign and relinquish trust in the following manner: (1) Filing Petition. The personal representative shall file the petition in the probate court or chancery court having cognizance of the settlement of the estate of the deceased whom the petitioner represents, praying to be permitted to resign; (2) Notice to Legatees, etc. When the legatees, devisees, or distributees entitled to the estate reside in the county where the letters testamentary or of administration were granted, five (5) days' notice shall be given them, their agent or attorney, of the filing or intention to file, the petition. Where they reside out of the county, the court shall order notice to be given by publication in a newspaper, or by posting at the courthouse door, or in such other mode as it thinks reasonable; (3) Petitioner to Settle Accounts - New Administrator. After notice has been given, the court shall cause the petitioner's accounts to be settled, and may, at its discretion, accept the resignation of the petitioner, and appoint a new administrator, taking from the appointee a good and sufficient administration bond. Amended by 2016 Tenn. Acts, ch. 809, Secs.s 4, s 5 eff. 4/14/2016. Code 1858, § 2237 (deriv. Acts 1851-1852, ch. 141, §§ 1, 2); Shan., § 3973; Code 1932, § 8185; T.C.A. (orig. ed.), § 30-115.
(a) Any named executor in a decedent's last will and testament may decline to serve as such personal representative by filing a sworn statement, or a statement under penalty of perjury, with the court.
(b) Any personal representative may resign and relinquish trust in the following manner: (1) Filing Petition. The personal representative shall file the petition in the probate court or chancery court having cognizance of the settlement of the estate of the deceased whom the petitioner represents, praying to be permitted to resign; (2) Notice to Legatees, etc. When the legatees, devisees, or distributees entitled to the estate reside in the county where the letters testamentary or of administration were granted, five (5) days' notice shall be given them, their agent or attorney, of the filing or intention to file, the petition. Where they reside out of the county, the court shall order notice to be given by publication in a newspaper, or by posting at the courthouse door, or in such other mode as it thinks reasonable; (3) Petitioner to Settle Accounts - New Administrator. After notice has been given, the court shall cause the petitioner's accounts to be settled, and may, at its discretion, accept the resignation of the petitioner, and appoint a new administrator, taking from the appointee a good and sufficient administration bond.
(1) Filing Petition. The personal representative shall file the petition in the probate court or chancery court having cognizance of the settlement of the estate of the deceased whom the petitioner represents, praying to be permitted to resign;
(2) Notice to Legatees, etc. When the legatees, devisees, or distributees entitled to the estate reside in the county where the letters testamentary or of administration were granted, five (5) days' notice shall be given them, their agent or attorney, of the filing or intention to file, the petition. Where they reside out of the county, the court shall order notice to be given by publication in a newspaper, or by posting at the courthouse door, or in such other mode as it thinks reasonable;
(3) Petitioner to Settle Accounts - New Administrator. After notice has been given, the court shall cause the petitioner's accounts to be settled, and may, at its discretion, accept the resignation of the petitioner, and appoint a new administrator, taking from the appointee a good and sufficient administration bond.
Amended by 2016 Tenn. Acts, ch. 809, Secs.s 4, s 5 eff. 4/14/2016.
Code 1858, § 2237 (deriv. Acts 1851-1852, ch. 141, §§ 1, 2); Shan., § 3973; Code 1932, § 8185; T.C.A. (orig. ed.), § 30-115.
Tenn. Code Ann. § 30-5-101 — TN Code / Title 30 / Chapter 5 / Section 30-5-101
Initiation of administration
Status: in_force

The administration of an insolvent estate shall begin upon the filing of a petition to probate or the application for letters of administration by the personal representative or a creditor in the court having probate jurisdiction. Code 1858, § 2362 (deriv. Acts 1851-1852, ch. 283, § 21); 1871, ch. 106, §1; Shan., § 4102; mod. Code 1932, § 8298; T.C.A. (orig. ed.), § 30-701; Acts 1989, ch. 516, § 1.
The administration of an insolvent estate shall begin upon the filing of a petition to probate or the application for letters of administration by the personal representative or a creditor in the court having probate jurisdiction.
Code 1858, § 2362 (deriv. Acts 1851-1852, ch. 283, § 21); 1871, ch. 106, §1; Shan., § 4102; mod. Code 1932, § 8298; T.C.A. (orig. ed.), § 30-701; Acts 1989, ch. 516, § 1.
Tenn. Code Ann. § 30-1-308 — TN Code / Title 30 / Chapter 1 / Section 30-1-308
Administrator party to court proceedings
Status: in_force

The administrator, when appointed, shall be a party to the proceedings in court, and shall be bound by any decree or order in the cause. Code 1858, § 2216 (deriv. Acts 1841-1842, ch. 177, § 3); Shan., § 3950; Code 1932, § 8162; T.C.A. (orig. ed.), § 30-308.
The administrator, when appointed, shall be a party to the proceedings in court, and shall be bound by any decree or order in the cause.
Code 1858, § 2216 (deriv. Acts 1841-1842, ch. 177, § 3); Shan., § 3950; Code 1932, § 8162; T.C.A. (orig. ed.), § 30-308.
Tenn. Code Ann. § 30-1-405 — TN Code / Title 30 / Chapter 1 / Section 30-1-405
Letters of administration - When granted
Status: in_force

The letters of administration may be granted, at any time within six (6) months after the death of the intestate, when it appears that the persons entitled to letters of administration refuse, after legal notice, to administer, and if it further appears that the interest of the estate requires that letters of administration should be granted. Acts 1883, ch. 108, § 1; Shan., § 587; Code 1932, § 841; T.C.A. (orig. ed.), § 30-1505.
The letters of administration may be granted, at any time within six (6) months after the death of the intestate, when it appears that the persons entitled to letters of administration refuse, after legal notice, to administer, and if it further appears that the interest of the estate requires that letters of administration should be granted.
Acts 1883, ch. 108, § 1; Shan., § 587; Code 1932, § 841; T.C.A. (orig. ed.), § 30-1505.
Tenn. Code Ann. § 30-2-705 — TN Code / Title 30 / Chapter 2 / Section 30-2-705
Recording, filing, and verity of bond
Status: in_force

The executor or administrator shall bring the bond into the proper court at the next session after its date, and it shall be spread on the minutes, and the original lodged in the office of the clerk, and the bond and the copy on the minutes shall have the verity and character of records. Code 1858, § 2317 (deriv. Acts 1789, ch. 23, § 3); Shan., § 4054; Code 1932, § 8337; T.C.A. (orig. ed.), § 30-1305.
The executor or administrator shall bring the bond into the proper court at the next session after its date, and it shall be spread on the minutes, and the original lodged in the office of the clerk, and the bond and the copy on the minutes shall have the verity and character of records.
Code 1858, § 2317 (deriv. Acts 1789, ch. 23, § 3); Shan., § 4054; Code 1932, § 8337; T.C.A. (orig. ed.), § 30-1305.
Tenn. Code Ann. § 30-2-311 — TN Code / Title 30 / Chapter 2 / Section 30-2-311
Waiver of filing small claims - Payment
Status: in_force

Notwithstanding §§ 30-2-307 - 30-2-310, the personal representative, if in the personal representative's discretion it is deemed proper, may waive the requirement for the filing of and may pay any claim not exceeding one thousand dollars ($1,000) principal amount. If the act of the personal representative in so doing is brought into question, the personal representative will have the burden of showing the validity of the claim so paid. C. Supp. 1950, § 8196.2; Acts 1979, ch. 90, § 1; T.C.A. (orig. ed.), § 30-514; Acts 1987, ch. 322, § 8.
Notwithstanding §§ 30-2-307 - 30-2-310, the personal representative, if in the personal representative's discretion it is deemed proper, may waive the requirement for the filing of and may pay any claim not exceeding one thousand dollars ($1,000) principal amount. If the act of the personal representative in so doing is brought into question, the personal representative will have the burden of showing the validity of the claim so paid.
C. Supp. 1950, § 8196.2; Acts 1979, ch. 90, § 1; T.C.A. (orig. ed.), § 30-514; Acts 1987, ch. 322, § 8.
Tenn. Code Ann. § 30-2-614 — TN Code / Title 30 / Chapter 2 / Section 30-2-614
Proration of federal estate taxes and Tennessee inheritance or estate taxes
Status: in_force

(a) For the purposes of this section, "persons interested in the estate" means all persons who may be entitled to receive, or who have received, any property or interest that is required to be included in the gross estate of a decedent, or any benefit whatsoever with respect to any such property or interest, whether under a will, or intestacy, or by reason of any transfers, trust, estate, interest, right, power, relinquishment of power, gift in contemplation of death, gift taking effect in possession or enjoyment at or after death, or any other transfer inter vivos that is subject to federal death taxes, or the proceeds of any insurance policies that are subject to federal death taxes. (b) Whenever the personal representative of an estate has paid an estate or death tax to the government of the United States under any federal tax law now in effect or hereafter enacted by congress, upon, or with respect to, any property required to be included in the gross estate of a decedent under any federal tax law, the amount of the tax so paid, except in a case where a testator otherwise directs in the testator's will, shall be equitably prorated among the persons interested in the estate to whom such property is or may be transferred or to whom any benefit accrues. This proration shall be made by the personal representative in the proportion, as near as may be, that the value of the property, interest or benefit of each interested person bears to the total value of the property, interests and benefits received by all persons interested in the estate, except that in making the proration allowances shall be made for any exemptions granted by the law imposing the tax and for any deductions allowed by that law for the purpose of arriving at the value of the net estate; and, except that in cases where a trust is created, or other provision made by which any person is given an interest in income, or an estate for years, or for life, or only temporary interest in any property or fund, the tax on both the temporary interest and on the remainder thereafter shall be charged against and paid out of the corpus of the property or fund without apportionment between remainders and temporary estate. (c) So far as is practicable, and unless otherwise directed by the will of the decedent, the tax shall be paid by the personal representative, as such, out of the estate before its distribution. In all cases in which any property required to be included in the gross estate does not come into the possession of the personal representative, as such, the personal representative shall have the power and the duty, to recover from whomever is in possession, or from the persons interested in the estate, the proportionate amount of the tax, including interest, attorney fees and other costs of collection, payable by the persons interested in the estate with which the persons interested in the estate are chargeable under this section. (d) No personal representative, or other person acting in a fiduciary capacity, shall be required to transfer, pay over or distribute any fund or property with respect to which a federal estate or death tax is imposed until the amount of the tax or taxes due from the devisee, legatee, distributee or other person to whom that property is transferred is paid, or, if the apportionment of the tax has not been determined, adequate security is furnished by the transferee for this payment. (e) For a decedent dying before January 1, 2016, Tennessee estate or inheritance taxes, as the case may be, shall be prorated equitably among the beneficiaries and persons interested in the estate, except in a case where a testator otherwise directs in the testator's will, by the same method as described in subsections (a)-(d), except that the proration of the Tennessee tax shall be made in the proportion that the value of the property, interest or benefit of each beneficiary or interested person bears to the total value of the property, interests and benefits taxable in Tennessee and received by all persons interested in the estate. In making the proration, allowances shall be made for any exemptions granted by the Tennessee law imposing the tax and for any deductions allowed by that Tennessee law for the purpose of arriving at the value of the net estate. All definitions and rights or responsibilities of the personal representative applicable to the federal tax, as stated in subsections (a)-(d), shall be applicable to the determination of the prorated Tennessee tax payable by each beneficiary or person interested in the estate. (f) In the event the personal representative is unable to arrive at a satisfactory allocation of the tax, including interest, attorney fees and other costs of collection, among the beneficiaries and other persons interested in the estate as provided in subsections (b)-(e), the personal representative shall be authorized to file a petition in the probate court of the county in which the estate is being administered for the purpose of securing an adjudication with reference to the allocation. The probate court in such a case shall make a decree or order directing the personal representative to charge the prorated amounts against the persons against whom the tax, including interest, attorney fees and other costs of collection, has been so prorated, insofar as the personal representative is in possession of property or interests of such persons against whom the charge may be made, and summarily directing all other persons, against whom the tax, including interest, attorney fees and other costs of collection, has been prorated or who are in possession of property or interests of those persons, to make payment of the prorated amounts to the personal representative. The probate court of the county in which the estate is being administered shall have jurisdiction to entertain any proceeding or dispute under this section and to make disposition thereof. All such proceedings shall be maintained according to the forms of chancery. Amended by 2017 Tenn. Acts, ch. 290,s 3, eff. 5/4/2017. Acts 1943, ch. 109, §§ 1, 2; C. Supp. 1950, §§ 8350.7, 8350.8; T.C.A. (orig. ed.), §§ 30-1117, 30-1118; Acts 1984, ch. 609, §§ 1, 3; 2005, ch. 99, §§ 4, 5.
(a) For the purposes of this section, "persons interested in the estate" means all persons who may be entitled to receive, or who have received, any property or interest that is required to be included in the gross estate of a decedent, or any benefit whatsoever with respect to any such property or interest, whether under a will, or intestacy, or by reason of any transfers, trust, estate, interest, right, power, relinquishment of power, gift in contemplation of death, gift taking effect in possession or enjoyment at or after death, or any other transfer inter vivos that is subject to federal death taxes, or the proceeds of any insurance policies that are subject to federal death taxes.
(b) Whenever the personal representative of an estate has paid an estate or death tax to the government of the United States under any federal tax law now in effect or hereafter enacted by congress, upon, or with respect to, any property required to be included in the gross estate of a decedent under any federal tax law, the amount of the tax so paid, except in a case where a testator otherwise directs in the testator's will, shall be equitably prorated among the persons interested in the estate to whom such property is or may be transferred or to whom any benefit accrues. This proration shall be made by the personal representative in the proportion, as near as may be, that the value of the property, interest or benefit of each interested person bears to the total value of the property, interests and benefits received by all persons interested in the estate, except that in making the proration allowances shall be made for any exemptions granted by the law imposing the tax and for any deductions allowed by that law for the purpose of arriving at the value of the net estate; and, except that in cases where a trust is created, or other provision made by which any person is given an interest in income, or an estate for years, or for life, or only temporary interest in any property or fund, the tax on both the temporary interest and on the remainder thereafter shall be charged against and paid out of the corpus of the property or fund without apportionment between remainders and temporary estate.
(c) So far as is practicable, and unless otherwise directed by the will of the decedent, the tax shall be paid by the personal representative, as such, out of the estate before its distribution. In all cases in which any property required to be included in the gross estate does not come into the possession of the personal representative, as such, the personal representative shall have the power and the duty, to recover from whomever is in possession, or from the persons interested in the estate, the proportionate amount of the tax, including interest, attorney fees and other costs of collection, payable by the persons interested in the estate with which the persons interested in the estate are chargeable under this section.
(d) No personal representative, or other person acting in a fiduciary capacity, shall be required to transfer, pay over or distribute any fund or property with respect to which a federal estate or death tax is imposed until the amount of the tax or taxes due from the devisee, legatee, distributee or other person to whom that property is transferred is paid, or, if the apportionment of the tax has not been determined, adequate security is furnished by the transferee for this payment.
(e) For a decedent dying before January 1, 2016, Tennessee estate or inheritance taxes, as the case may be, shall be prorated equitably among the beneficiaries and persons interested in the estate, except in a case where a testator otherwise directs in the testator's will, by the same method as described in subsections (a)-(d), except that the proration of the Tennessee tax shall be made in the proportion that the value of the property, interest or benefit of each beneficiary or interested person bears to the total value of the property, interests and benefits taxable in Tennessee and received by all persons interested in the estate. In making the proration, allowances shall be made for any exemptions granted by the Tennessee law imposing the tax and for any deductions allowed by that Tennessee law for the purpose of arriving at the value of the net estate. All definitions and rights or responsibilities of the personal representative applicable to the federal tax, as stated in subsections (a)-(d), shall be applicable to the determination of the prorated Tennessee tax payable by each beneficiary or person interested in the estate.
(f) In the event the personal representative is unable to arrive at a satisfactory allocation of the tax, including interest, attorney fees and other costs of collection, among the beneficiaries and other persons interested in the estate as provided in subsections (b)-(e), the personal representative shall be authorized to file a petition in the probate court of the county in which the estate is being administered for the purpose of securing an adjudication with reference to the allocation. The probate court in such a case shall make a decree or order directing the personal representative to charge the prorated amounts against the persons against whom the tax, including interest, attorney fees and other costs of collection, has been so prorated, insofar as the personal representative is in possession of property or interests of such persons against whom the charge may be made, and summarily directing all other persons, against whom the tax, including interest, attorney fees and other costs of collection, has been prorated or who are in possession of property or interests of those persons, to make payment of the prorated amounts to the personal representative. The probate court of the county in which the estate is being administered shall have jurisdiction to entertain any proceeding or dispute under this section and to make disposition thereof. All such proceedings shall be maintained according to the forms of chancery.
Amended by 2017 Tenn. Acts, ch. 290,s 3, eff. 5/4/2017.
Acts 1943, ch. 109, §§ 1, 2; C. Supp. 1950, §§ 8350.7, 8350.8; T.C.A. (orig. ed.), §§ 30-1117, 30-1118; Acts 1984, ch. 609, §§ 1, 3; 2005, ch. 99, §§ 4, 5.
Tenn. Code Ann. § 30-1-406 — TN Code / Title 30 / Chapter 1 / Section 30-1-406
Notice given persons entitled to serve - Effect of nonappearance
Status: in_force

The notice served on those entitled to administer shall fix a day on which they may appear and qualify, and their failure shall be sufficient evidence of their refusal, and the day so fixed shall not be less than two (2) months after the death of the intestate. Acts 1883, ch. 108, § 1; Shan., § 588; Code 1932, § 842; T.C.A. (orig. ed.), § 30-1506.
The notice served on those entitled to administer shall fix a day on which they may appear and qualify, and their failure shall be sufficient evidence of their refusal, and the day so fixed shall not be less than two (2) months after the death of the intestate.
Acts 1883, ch. 108, § 1; Shan., § 588; Code 1932, § 842; T.C.A. (orig. ed.), § 30-1506.
Tenn. Code Ann. § 30-2-505 — TN Code / Title 30 / Chapter 2 / Section 30-2-505
General sessions court's execution against representative - Return made to circuit court
Status: in_force

If a general sessions court judge's execution against an executor or administrator be returned "no property to be found," the judge who rendered the judgment, or who holds the papers in the cause, shall, on suggestion and application of the plaintiff, the plaintiff's agent or attorney, return the papers to the next circuit court of the plaintiff's county. Code 1858, § 2271 (deriv. Acts 1822, ch. 43, § 1); Shan., § 4004; Code 1932, § 8217; T.C.A. (orig. ed.), § 30-1006.
If a general sessions court judge's execution against an executor or administrator be returned "no property to be found," the judge who rendered the judgment, or who holds the papers in the cause, shall, on suggestion and application of the plaintiff, the plaintiff's agent or attorney, return the papers to the next circuit court of the plaintiff's county.
Code 1858, § 2271 (deriv. Acts 1822, ch. 43, § 1); Shan., § 4004; Code 1932, § 8217; T.C.A. (orig. ed.), § 30-1006.
Tenn. Code Ann. § 30-2-316 — TN Code / Title 30 / Chapter 2 / Section 30-2-316
Judgment on claims where no exceptions filed
Status: in_force

After the lapse of ninety (90) days from and after the expiration of the time for entering exceptions to claims filed against the estate, the court may, upon the written application of any creditor having a matured claim on which no independent suit is pending, to whose duly filed claim no exception has been filed as provided in § 30-2-314 , enter judgment for the creditor against the estate; provided, that not less than five (5) days' prior written notice of intention to file an application shall be given to the personal representative, stating the time at which the application is to be presented to the court. C. Supp. 1950, § 8196.5; T.C.A. (orig. ed.), § 30-519.
After the lapse of ninety (90) days from and after the expiration of the time for entering exceptions to claims filed against the estate, the court may, upon the written application of any creditor having a matured claim on which no independent suit is pending, to whose duly filed claim no exception has been filed as provided in § 30-2-314 , enter judgment for the creditor against the estate; provided, that not less than five (5) days' prior written notice of intention to file an application shall be given to the personal representative, stating the time at which the application is to be presented to the court.
C. Supp. 1950, § 8196.5; T.C.A. (orig. ed.), § 30-519.
Tenn. Code Ann. § 30-1-102 — TN Code / Title 30 / Chapter 1 / Section 30-1-102
Jurisdiction to grant letters
Status: in_force

Letters of administration shall be granted by the probate court of the county where the intestate had usual residence at the time of the intestate's death, or, in case the intestate had fixed places of residence in more than one county, the probate court of either county may grant letters of administration upon the intestate's estate. Code 1858, § 2202 (deriv. Acts 1777 (Nov.), ch. 2, § 62; 1789, ch. 23, § 1; 1794, ch. 1, § 47); Shan., § 3934; mod. Code 1932, § 8144; T.C.A. (orig. ed.), § 30-102.
Letters of administration shall be granted by the probate court of the county where the intestate had usual residence at the time of the intestate's death, or, in case the intestate had fixed places of residence in more than one county, the probate court of either county may grant letters of administration upon the intestate's estate.
Code 1858, § 2202 (deriv. Acts 1777 (Nov.), ch. 2, § 62; 1789, ch. 23, § 1; 1794, ch. 1, § 47); Shan., § 3934; mod. Code 1932, § 8144; T.C.A. (orig. ed.), § 30-102.
Tenn. Code Ann. § 30-2-412 — TN Code / Title 30 / Chapter 2 / Section 30-2-412
Judgment without appearance
Status: in_force

Upon the return of two (2) writs of scire facias, that the heirs or devisees have been summoned on each, or that they reside out of the state, so that they cannot be summoned, and have no guardians upon whom the writ can be executed, judgment shall be given against the real estate in their hands, though no appearance be made for them. Code 1858, § 2261 (deriv. Acts 1784 (Oct.), ch. 11, § 4); Shan., § 3994; Code 1932, § 8206; T.C.A. (orig. ed.), § 30-614.
Upon the return of two (2) writs of scire facias, that the heirs or devisees have been summoned on each, or that they reside out of the state, so that they cannot be summoned, and have no guardians upon whom the writ can be executed, judgment shall be given against the real estate in their hands, though no appearance be made for them.
Code 1858, § 2261 (deriv. Acts 1784 (Oct.), ch. 11, § 4); Shan., § 3994; Code 1932, § 8206; T.C.A. (orig. ed.), § 30-614.
Tenn. Code Ann. § 30-1-302 — TN Code / Title 30 / Chapter 1 / Section 30-1-302
Contents of bill
Status: in_force

For the purposes of § 30-1-301 , the next of kin, or any creditor of the deceased, may file a bill in the chancery court of the county, setting forth the facts of the case, and that no person can be procured to administer on the estate, agreeably to the laws in force, and praying that an administrator be appointed, with such other specific prayers as are required, and for general relief. Code 1858, § 2210 (deriv. Acts 1841-1842, ch. 177, § 1); Shan., § 3944; Code 1932, § 8156; T.C.A. (orig. ed.), § 30-302.
For the purposes of § 30-1-301 , the next of kin, or any creditor of the deceased, may file a bill in the chancery court of the county, setting forth the facts of the case, and that no person can be procured to administer on the estate, agreeably to the laws in force, and praying that an administrator be appointed, with such other specific prayers as are required, and for general relief.
Code 1858, § 2210 (deriv. Acts 1841-1842, ch. 177, § 1); Shan., § 3944; Code 1932, § 8156; T.C.A. (orig. ed.), § 30-302.
Tenn. Code Ann. § 30-1-113 — TN Code / Title 30 / Chapter 1 / Section 30-1-113
Estate turned over to new administrator - Inventory
Status: in_force

(a) The court shall order the petitioner to pay over and deliver to the new personal representative the balance of money, property, and effects in the petitioner's hands; and, unless the payment and delivery are made in pursuance of the order, the court may order an execution against the petitioner and the petitioner's sureties, after giving five (5) days' notice to the sureties. (b) Within one (1) month from the time of appointment, the new representative shall make and duly file a true and perfect inventory of the estate of the deceased that comes to the representative's hands. Code 1858, §§ 2238, 2239 (deriv. Acts 1851-1852, ch. 141, §§ 3, 4); Shan., §§ 3974, 3975; Code 1932, §§ 8186, 8187; T.C.A. (orig. ed.), §§ 30-116, 30-117.
(a) The court shall order the petitioner to pay over and deliver to the new personal representative the balance of money, property, and effects in the petitioner's hands; and, unless the payment and delivery are made in pursuance of the order, the court may order an execution against the petitioner and the petitioner's sureties, after giving five (5) days' notice to the sureties.
(b) Within one (1) month from the time of appointment, the new representative shall make and duly file a true and perfect inventory of the estate of the deceased that comes to the representative's hands.
Code 1858, §§ 2238, 2239 (deriv. Acts 1851-1852, ch. 141, §§ 3, 4); Shan., §§ 3974, 3975; Code 1932, §§ 8186, 8187; T.C.A. (orig. ed.), §§ 30-116, 30-117.
Tenn. Code Ann. § 30-2-317 — TN Code / Title 30 / Chapter 2 / Section 30-2-317
Priority of claims - Payment - Contested or unmatured claims
Status: in_force

(a) All claims or demands against the estate of any deceased person shall be divided into the following classifications, which shall have priority in the order shown: (1) First: Costs of administration, including, but not limited to, premiums on the fiduciary bonds and reasonable compensation to the personal representative and the personal representative's counsel; (2) Second: Reasonable funeral expenses; (3) Third: Taxes and assessments imposed by the federal or any state government or subdivision of the federal or any state government, including claims by the bureau of TennCare pursuant to § 71-5-116 and including city and county governments; and (4) Fourth: All other demands that may be filed as aforementioned within four (4) months after the date of notice to creditors. (b) All demands against the estate shall be paid by the personal representative in the order in which they are classed, and no demand of one class shall be paid until the claims of all prior classes are satisfied or provided for; and if there are not sufficient assets to pay the whole of any one class, the claims in that class shall be paid pro rata. (c) Debts due upon bills single, bonds, bills of exchange and promissory notes, whether with or without seal, and upon settled and liquidated accounts signed by the debtor, are of equal dignity, unless otherwise provided, and are to be paid accordingly. (d) The personal representative shall hold aside sufficient funds or other assets to pay each contested or unmatured claim (or the proper ratable portion thereof, as the case may be) with interest (if the claim be one bearing interest), until it is determined whether or not the claim is to be paid, or until an unmatured claim has reached maturity, also sufficient assets to meet the expenses of pending litigation and costs of court and any unpaid taxes. Amended by 2014 Tenn. Acts, ch. 883,s 2, eff. 7/1/2014. Code 1858, § 2250 (deriv. Acts 1786, ch. 4, § 2); Shan., § 3983; mod. Code 1932, § 8195; Acts 1939, ch. 175, § 4; 1947, ch. 137, § 1; C. Supp. 1950, § 8196.5 (Williams, § 8196.4); Acts 1971, ch. 229, § 5; T.C.A. (orig. ed.), § 30-520; Acts 1997, ch. 426, § 7; 2001, ch. 400, § 1; 2006, ch. 639, § 2.
(a) All claims or demands against the estate of any deceased person shall be divided into the following classifications, which shall have priority in the order shown: (1) First: Costs of administration, including, but not limited to, premiums on the fiduciary bonds and reasonable compensation to the personal representative and the personal representative's counsel; (2) Second: Reasonable funeral expenses; (3) Third: Taxes and assessments imposed by the federal or any state government or subdivision of the federal or any state government, including claims by the bureau of TennCare pursuant to § 71-5-116 and including city and county governments; and (4) Fourth: All other demands that may be filed as aforementioned within four (4) months after the date of notice to creditors.
(1) First: Costs of administration, including, but not limited to, premiums on the fiduciary bonds and reasonable compensation to the personal representative and the personal representative's counsel;
(2) Second: Reasonable funeral expenses;
(3) Third: Taxes and assessments imposed by the federal or any state government or subdivision of the federal or any state government, including claims by the bureau of TennCare pursuant to § 71-5-116 and including city and county governments; and
(4) Fourth: All other demands that may be filed as aforementioned within four (4) months after the date of notice to creditors.
(b) All demands against the estate shall be paid by the personal representative in the order in which they are classed, and no demand of one class shall be paid until the claims of all prior classes are satisfied or provided for; and if there are not sufficient assets to pay the whole of any one class, the claims in that class shall be paid pro rata.
(c) Debts due upon bills single, bonds, bills of exchange and promissory notes, whether with or without seal, and upon settled and liquidated accounts signed by the debtor, are of equal dignity, unless otherwise provided, and are to be paid accordingly.
(d) The personal representative shall hold aside sufficient funds or other assets to pay each contested or unmatured claim (or the proper ratable portion thereof, as the case may be) with interest (if the claim be one bearing interest), until it is determined whether or not the claim is to be paid, or until an unmatured claim has reached maturity, also sufficient assets to meet the expenses of pending litigation and costs of court and any unpaid taxes.
Amended by 2014 Tenn. Acts, ch. 883,s 2, eff. 7/1/2014.
Code 1858, § 2250 (deriv. Acts 1786, ch. 4, § 2); Shan., § 3983; mod. Code 1932, § 8195; Acts 1939, ch. 175, § 4; 1947, ch. 137, § 1; C. Supp. 1950, § 8196.5 (Williams, § 8196.4); Acts 1971, ch. 229, § 5; T.C.A. (orig. ed.), § 30-520; Acts 1997, ch. 426, § 7; 2001, ch. 400, § 1; 2006, ch. 639, § 2.
Tenn. Code Ann. § 30-2-711 — TN Code / Title 30 / Chapter 2 / Section 30-2-711
Affidavit of pedigree
Status: in_force

An affidavit before a commissioner of this state, or before any consul or notary public, as to the pedigree or right as legatee or distributee of any person, may be received as prima facie evidence of the pedigree or right by any personal representative in case no contest arises. Code 1858, § 2315 (deriv. Acts 1839-1840, ch. 26, § 4); Shan., § 4052; mod. Code 1932, § 8350; T.C.A. (orig. ed.), § 30-1316.
An affidavit before a commissioner of this state, or before any consul or notary public, as to the pedigree or right as legatee or distributee of any person, may be received as prima facie evidence of the pedigree or right by any personal representative in case no contest arises.
Code 1858, § 2315 (deriv. Acts 1839-1840, ch. 26, § 4); Shan., § 4052; mod. Code 1932, § 8350; T.C.A. (orig. ed.), § 30-1316.
Tenn. Code Ann. § 30-1-307 — TN Code / Title 30 / Chapter 1 / Section 30-1-307
Sale of perishable property
Status: in_force

The judge or chancellor may also direct, in the order, that the perishable property belonging to the estate be sold. Code 1858, § 2215 (deriv. Acts 1841-1842, ch. 177, § 4); Shan., § 3949; Code 1932, § 8161; T.C.A. (orig. ed.), § 30-307.
The judge or chancellor may also direct, in the order, that the perishable property belonging to the estate be sold.
Code 1858, § 2215 (deriv. Acts 1841-1842, ch. 177, § 4); Shan., § 3949; Code 1932, § 8161; T.C.A. (orig. ed.), § 30-307.
Tenn. Code Ann. § 30-2-408 — TN Code / Title 30 / Chapter 2 / Section 30-2-408
Claims against alienated property
Status: in_force

(a) If an heir or devisee aliens the land before an action is brought or process sued out, the heir or devisee shall be answerable to any creditor of the decedent for the ancestor's debts to the value of the lands aliened. (b) Within six (6) months from the death of any person, a mortgagee or purchaser for value from the heir or devisee of the decedent shall take subject to the right of any creditor of decedent whose debt is otherwise unsatisfied to subject the realty to the payment of the decedent's debts, as in this title provided. If administration has been granted on the estate of the decedent during the period of six (6) months, the rights of creditors whose claims are ultimately established in the administration as valid obligations of the estate shall constitute liens on the realty of the decedent, which realty may be subjected to these liens in the hands of the heir or the heir's alienees as in this title provided. (c) After six (6) months have elapsed from the death of any person, and no personal representative has qualified to administer on the decedent's estate, a mortgagee or purchaser for value from the heir of the decedent shall take title free from the right of any nonlien creditor to subject the same to the payment of the decedent's debt, unless the mortgagee or purchaser takes with actual knowledge of the debt. (d) After six (6) months have elapsed from the death of any person, a mortgagee or purchaser for value from the heir of the decedent shall take free from the title, right, or claims of all persons claiming under any unprobated will of the decedent, unless the mortgagee or purchaser for value has actual knowledge of the existence of the unprobated will. Code 1858, § 2256 (deriv. Acts 1789, ch. 39, § 3); Shan., § 3989; Code 1932, § 8201; Acts 1957, ch. 118, § 1; 1974, ch. 530, § 1; T.C.A. (orig. ed.), § 30-610.
(a) If an heir or devisee aliens the land before an action is brought or process sued out, the heir or devisee shall be answerable to any creditor of the decedent for the ancestor's debts to the value of the lands aliened.
(b) Within six (6) months from the death of any person, a mortgagee or purchaser for value from the heir or devisee of the decedent shall take subject to the right of any creditor of decedent whose debt is otherwise unsatisfied to subject the realty to the payment of the decedent's debts, as in this title provided. If administration has been granted on the estate of the decedent during the period of six (6) months, the rights of creditors whose claims are ultimately established in the administration as valid obligations of the estate shall constitute liens on the realty of the decedent, which realty may be subjected to these liens in the hands of the heir or the heir's alienees as in this title provided.
(c) After six (6) months have elapsed from the death of any person, and no personal representative has qualified to administer on the decedent's estate, a mortgagee or purchaser for value from the heir of the decedent shall take title free from the right of any nonlien creditor to subject the same to the payment of the decedent's debt, unless the mortgagee or purchaser takes with actual knowledge of the debt.
(d) After six (6) months have elapsed from the death of any person, a mortgagee or purchaser for value from the heir of the decedent shall take free from the title, right, or claims of all persons claiming under any unprobated will of the decedent, unless the mortgagee or purchaser for value has actual knowledge of the existence of the unprobated will.
Code 1858, § 2256 (deriv. Acts 1789, ch. 39, § 3); Shan., § 3989; Code 1932, § 8201; Acts 1957, ch. 118, § 1; 1974, ch. 530, § 1; T.C.A. (orig. ed.), § 30-610.
Tenn. Code Ann. § 30-2-208 — TN Code / Title 30 / Chapter 2 / Section 30-2-208
Out-of-county lands
Status: in_force

Should any of the lands to which the applicant may be entitled as homestead lie out of the county where the application is made, the commissioners, if so directed in the order of court, shall view and take them into estimate. Code 1858, § 2415 (deriv. Acts 1849-1850, ch. 77, § 6; 1851-1852, ch. 95, § 1); Shan., § 4158; mod. Code 1932, § 8375; Acts 1976, ch. 529, § 15; T.C.A. (orig. ed.), § 30-910.
Should any of the lands to which the applicant may be entitled as homestead lie out of the county where the application is made, the commissioners, if so directed in the order of court, shall view and take them into estimate.
Code 1858, § 2415 (deriv. Acts 1849-1850, ch. 77, § 6; 1851-1852, ch. 95, § 1); Shan., § 4158; mod. Code 1932, § 8375; Acts 1976, ch. 529, § 15; T.C.A. (orig. ed.), § 30-910.
Tenn. Code Ann. § 30-2-706 — TN Code / Title 30 / Chapter 2 / Section 30-2-706
Scire facias against obligors in refunding bond - Execution
Status: in_force

(a) Where an executor or administrator has pleaded fully administered, no assets, or not sufficient assets to satisfy the plaintiff's or complainant's demand, and that plea has been found in favor of the defendant, and judgment has been recovered against the defendant, to be levied on the assets of the deceased, the creditor, on the creditor's motion, may have scire facias against the obligors in the bond, to show cause why execution should not be issued against them for the amount of the judgment. (b) If there is judgment against the defendants to scire facias, or any of them, execution may issue on the judgment against the proper goods and chattels, lands and tenements of the defendant or defendants. Code 1858, §§ 2318, 2319 (deriv. Acts 1789, ch. 23, § 3); Shan., §§ 4055, 4056; Code 1932, §§ 8338, 8339; T.C.A. (orig. ed.), §§ 30-1306, 30-1307.
(a) Where an executor or administrator has pleaded fully administered, no assets, or not sufficient assets to satisfy the plaintiff's or complainant's demand, and that plea has been found in favor of the defendant, and judgment has been recovered against the defendant, to be levied on the assets of the deceased, the creditor, on the creditor's motion, may have scire facias against the obligors in the bond, to show cause why execution should not be issued against them for the amount of the judgment.
(b) If there is judgment against the defendants to scire facias, or any of them, execution may issue on the judgment against the proper goods and chattels, lands and tenements of the defendant or defendants.
Code 1858, §§ 2318, 2319 (deriv. Acts 1789, ch. 23, § 3); Shan., §§ 4055, 4056; Code 1932, §§ 8338, 8339; T.C.A. (orig. ed.), §§ 30-1306, 30-1307.
Tenn. Code Ann. § 30-2-302 — TN Code / Title 30 / Chapter 2 / Section 30-2-302
Recording of inventory
Status: in_force

The clerk shall present the inventory to the court, and, if it appears to be regular, the court shall order it to be recorded in the book of inventories. Code 1858, § 2242 (deriv. Acts 1851-1852, ch. 180, § 1); Shan., § 3978; Code 1932, § 8190; T.C.A (orig. ed.), § 30-502.
The clerk shall present the inventory to the court, and, if it appears to be regular, the court shall order it to be recorded in the book of inventories.
Code 1858, § 2242 (deriv. Acts 1851-1852, ch. 180, § 1); Shan., § 3978; Code 1932, § 8190; T.C.A (orig. ed.), § 30-502.
Tenn. Code Ann. § 30-3-206 — TN Code / Title 30 / Chapter 3 / Section 30-3-206
Hearing on petition - Notice - Appointment
Status: in_force

(a) Notice of the hearing on the petition to appoint a conservator shall be given to all persons named in the petition by registered mail, certified mail with return receipt requested or by personal service of legal process. (b) The judge shall hear evidence on the question of whether the person alleged to be missing, interned, beleaguered, etc., is an absentee as defined by § 30-3-201 , and on the question of who is entitled to appointment as conservator. Any person interested in the proceedings may intervene with leave of the court. (c) The court may in its discretion appoint a guardian ad litem to represent the alleged absentee at the hearing. (d) If after hearing, the court is satisfied that the person alleged to be an absentee is an absentee, as defined in § 30-3-201 , and that it is necessary that a conservatorship be established, the court shall appoint a conservator of the estate and property of the absentee to take charge of the absentee's estate and property under the supervision and subject to the further orders of the court. (e) In the appointment of a conservator, the court shall give due consideration to the appointment of one (1) of the next of kin of the absentee if the next of kin is a fit and proper person and is qualified to act. Acts 1972, ch. 785, § 6; 1978, ch. 649, § 1; T.C.A., § 30-1906.
(a) Notice of the hearing on the petition to appoint a conservator shall be given to all persons named in the petition by registered mail, certified mail with return receipt requested or by personal service of legal process.
(b) The judge shall hear evidence on the question of whether the person alleged to be missing, interned, beleaguered, etc., is an absentee as defined by § 30-3-201 , and on the question of who is entitled to appointment as conservator. Any person interested in the proceedings may intervene with leave of the court.
(c) The court may in its discretion appoint a guardian ad litem to represent the alleged absentee at the hearing.
(d) If after hearing, the court is satisfied that the person alleged to be an absentee is an absentee, as defined in § 30-3-201 , and that it is necessary that a conservatorship be established, the court shall appoint a conservator of the estate and property of the absentee to take charge of the absentee's estate and property under the supervision and subject to the further orders of the court.
(e) In the appointment of a conservator, the court shall give due consideration to the appointment of one (1) of the next of kin of the absentee if the next of kin is a fit and proper person and is qualified to act.
Acts 1972, ch. 785, § 6; 1978, ch. 649, § 1; T.C.A., § 30-1906.
Tenn. Code Ann. § 30-2-607 — TN Code / Title 30 / Chapter 2 / Section 30-2-607
Exceptions to account - Appeal from decision of clerk
Status: in_force

Any person interested in the estate may except to the account within a thirty-day period after it has been stated by the clerk, and, if dissatisfied with the clerk's decision on the exceptions, may within an additional thirty-day period appeal to the court. The clerk shall, within five (5) days after the filing of exceptions to the clerk's decision, mail copies of the exceptions to the personal representative and the personal representative's attorney of record. Code 1858, § 2302 (deriv. Acts 1851-1852, ch. 215, § 3); Shan., § 4038; Code 1932, § 8251; T.C.A. (orig. ed.), § 30-1108; Acts 1985, ch. 140, § 20.
Any person interested in the estate may except to the account within a thirty-day period after it has been stated by the clerk, and, if dissatisfied with the clerk's decision on the exceptions, may within an additional thirty-day period appeal to the court. The clerk shall, within five (5) days after the filing of exceptions to the clerk's decision, mail copies of the exceptions to the personal representative and the personal representative's attorney of record.
Code 1858, § 2302 (deriv. Acts 1851-1852, ch. 215, § 3); Shan., § 4038; Code 1932, § 8251; T.C.A. (orig. ed.), § 30-1108; Acts 1985, ch. 140, § 20.
Tenn. Code Ann. § 30-1-408 — TN Code / Title 30 / Chapter 1 / Section 30-1-408
Renewal of bond
Status: in_force

The county legislative body shall have the power, on the death, removal, or insolvency of any one (1) or more of the sureties on the bond of the administrator, guardian, trustee, or receiver, to require the administrator, guardian, trustee, or receiver to renew that person's bond, or give other good and sufficient security for the performance of that person's duties, and to take any and all steps that may be necessary to secure the estates committed to the charge of the administrator, guardian, trustee, or receiver. Amended by 2022 Tenn. Acts, ch. 912, s 9, eff. 7/1/2022. Acts 1870, ch. 98, § 6; Shan., § 590; Code 1932, § 844; T.C.A. (orig. ed.), § 30-1508; Acts 1987, ch. 322, § 6.
The county legislative body shall have the power, on the death, removal, or insolvency of any one (1) or more of the sureties on the bond of the administrator, guardian, trustee, or receiver, to require the administrator, guardian, trustee, or receiver to renew that person's bond, or give other good and sufficient security for the performance of that person's duties, and to take any and all steps that may be necessary to secure the estates committed to the charge of the administrator, guardian, trustee, or receiver.
Amended by 2022 Tenn. Acts, ch. 912, s 9, eff. 7/1/2022.
Acts 1870, ch. 98, § 6; Shan., § 590; Code 1932, § 844; T.C.A. (orig. ed.), § 30-1508; Acts 1987, ch. 322, § 6.
Tenn. Code Ann. § 30-3-102 — TN Code / Title 30 / Chapter 3 / Section 30-3-102
Presumption of death from mere absence - Exposure to specific peril considered - Distribution of funds of absentee
Status: in_force

(a) A person absent from such person's place of residence and unheard of for seven (7) years or longer, whose absence is not satisfactorily explained, is presumed to be dead; provided, however, such presumption may be rebutted by proof. (b) Exposure to specific peril shall be considered in every case. If during such absence the person has been exposed to a specific peril of death, this fact shall be considered by the court, or if there be a jury, shall be sufficient evidence for submission to the jury. (c) If the clerks of the respective courts of record and/or the personal representatives have any funds belonging to such absentee who, upon the order of the court, is determined to be dead, such funds shall be distributed according to law as of the date of death of the absentee as determined by the court. The validity and effect of the distribution of the property shall be determined by the court having probate jurisdiction administering the estate. Acts 1941, ch. 102, § 1; 1949, ch. 265, § 1; mod. C. Supp. 1950, § 8407.10; T.C.A. (orig. ed.), § 30-1802; Acts 1985, ch. 140, § 23; 2001, ch. 121, § 1.
(a) A person absent from such person's place of residence and unheard of for seven (7) years or longer, whose absence is not satisfactorily explained, is presumed to be dead; provided, however, such presumption may be rebutted by proof.
(b) Exposure to specific peril shall be considered in every case. If during such absence the person has been exposed to a specific peril of death, this fact shall be considered by the court, or if there be a jury, shall be sufficient evidence for submission to the jury.
(c) If the clerks of the respective courts of record and/or the personal representatives have any funds belonging to such absentee who, upon the order of the court, is determined to be dead, such funds shall be distributed according to law as of the date of death of the absentee as determined by the court. The validity and effect of the distribution of the property shall be determined by the court having probate jurisdiction administering the estate.
Acts 1941, ch. 102, § 1; 1949, ch. 265, § 1; mod. C. Supp. 1950, § 8407.10; T.C.A. (orig. ed.), § 30-1802; Acts 1985, ch. 140, § 23; 2001, ch. 121, § 1.
Tenn. Code Ann. § 30-3-114 — TN Code / Title 30 / Chapter 3 / Section 30-3-114
Construction and application of part
Status: in_force

(a) This part shall be so interpreted and construed as to effectuate the general purpose to make uniform the law of those states which enact the same law. (b) This part shall have no retroactive application to the time prior to February 15, 1941. Acts 1941, ch. 102, §§ 12, 16; C. Supp. 1950, §§ 8407.21, 8407.22 (Williams, § 8407.24); T.C.A. (orig. ed.), §§ 30-1814, 30-1815.
(a) This part shall be so interpreted and construed as to effectuate the general purpose to make uniform the law of those states which enact the same law.
(b) This part shall have no retroactive application to the time prior to February 15, 1941.
Acts 1941, ch. 102, §§ 12, 16; C. Supp. 1950, §§ 8407.21, 8407.22 (Williams, § 8407.24); T.C.A. (orig. ed.), §§ 30-1814, 30-1815.
Tenn. Code Ann. § 30-5-103 — TN Code / Title 30 / Chapter 5 / Section 30-5-103
Notice of insolvency - Contents - Effect of no objections
Status: in_force

(a) The notice of insolvency shall contain an accounting of assets that have come into the hands of the personal representative and a proposed plan of distribution in accordance with § 30-2-317 . (b) The notice shall bear, in a conspicuous manner, the following language: Objections to this proposed plan of distribution must be filed with the clerk within thirty (30) days from the date of receipt of this notice. (c) If no objections are filed within the thirty-day waiting period, the personal representative may execute the proposed plan of distribution and close the estate, relieving the personal representative of any further liability to the estate. Code 1858, § 2329 (deriv. Acts 1851-1852, ch. 283, § 5); Shan., §4069; mod. Code 1932, § 8265; modified; T.C.A. (orig. ed.), §30-703; Acts 1989, ch. 516, § 3.
(a) The notice of insolvency shall contain an accounting of assets that have come into the hands of the personal representative and a proposed plan of distribution in accordance with § 30-2-317 .
(b) The notice shall bear, in a conspicuous manner, the following language: Objections to this proposed plan of distribution must be filed with the clerk within thirty (30) days from the date of receipt of this notice.
(c) If no objections are filed within the thirty-day waiting period, the personal representative may execute the proposed plan of distribution and close the estate, relieving the personal representative of any further liability to the estate.
Code 1858, § 2329 (deriv. Acts 1851-1852, ch. 283, § 5); Shan., §4069; mod. Code 1932, § 8265; modified; T.C.A. (orig. ed.), §30-703; Acts 1989, ch. 516, § 3.
Tenn. Code Ann. § 30-1-311 — TN Code / Title 30 / Chapter 1 / Section 30-1-311
Manner of administration
Status: in_force

The administration of the estate shall be conducted under the authority of the chancery court, in the same manner, and under the same rules, as the administration of an insolvent estate. Code 1858, § 2219 (deriv. Acts 1841-1842, ch. 177, § 1); Shan., § 3953; Code 1932, § 8165; T.C.A. (orig. ed.), § 30-311.
The administration of the estate shall be conducted under the authority of the chancery court, in the same manner, and under the same rules, as the administration of an insolvent estate.
Code 1858, § 2219 (deriv. Acts 1841-1842, ch. 177, § 1); Shan., § 3953; Code 1932, § 8165; T.C.A. (orig. ed.), § 30-311.
Tenn. Code Ann. § 30-1-110 — TN Code / Title 30 / Chapter 1 / Section 30-1-110
Time within which administration may be granted
Status: in_force

The time within which administration may be granted shall be as follows: (1) Deceased Entitled to Remainder Not Reduced to Possession. Where a person dies entitled to a vested or contingent remainder, not reduced to possession in the deceased's lifetime, ten (10) years after the termination of the life or other particular estate on which the remainder depends, letters shall be given to administer upon the deceased's estate in the remainder. (2) Distributee under Disability at Death of Ancestor. Administration may be granted at any time within twenty-two (22) years from the death of the deceased to any person entitled to distribution who was an infant when the deceased died. (3) Prosecuting Claims Against Government. A special administration may be granted for the purpose of prosecuting any claim against the government of the United States, without any limitation of time. Code 1858, § 2220 (deriv. Acts 1831, ch. 24, § 3; 1835-1836, ch. 86, § 3; 1841-1842, ch. 69, § 2; 1853-1854, ch. 98, § 1); Shan., § 3955; mod. Code 1932, § 8167; T.C.A. (orig. ed.), § 30-113; Acts 1993, ch. 449, § 2.
The time within which administration may be granted shall be as follows:
(1) Deceased Entitled to Remainder Not Reduced to Possession. Where a person dies entitled to a vested or contingent remainder, not reduced to possession in the deceased's lifetime, ten (10) years after the termination of the life or other particular estate on which the remainder depends, letters shall be given to administer upon the deceased's estate in the remainder.
(2) Distributee under Disability at Death of Ancestor. Administration may be granted at any time within twenty-two (22) years from the death of the deceased to any person entitled to distribution who was an infant when the deceased died.
(3) Prosecuting Claims Against Government. A special administration may be granted for the purpose of prosecuting any claim against the government of the United States, without any limitation of time.
Code 1858, § 2220 (deriv. Acts 1831, ch. 24, § 3; 1835-1836, ch. 86, § 3; 1841-1842, ch. 69, § 2; 1853-1854, ch. 98, § 1); Shan., § 3955; mod. Code 1932, § 8167; T.C.A. (orig. ed.), § 30-113; Acts 1993, ch. 449, § 2.
Tenn. Code Ann. § 30-2-613 — TN Code / Title 30 / Chapter 2 / Section 30-2-613
Failure to settle accounts - Indictment - Penalty
Status: in_force

(a) No executor or administrator shall neglect or refuse, for thirty (30) days after service of a subpoena, to appear before the clerk of the probate court and settle the accounts. (b) The clerk of the probate court shall return to the clerk of the circuit or criminal court, on or before the first day of every term of the court, having jurisdiction, a list of delinquent executors and administrators, and the district attorney general shall, ex officio, prefer against each of them an indictment without a prosecutor. (c) Upon conviction of this offense, upon indictment or presentment in the circuit or criminal court, the delinquent shall be fined not less than one dollar ($1.00) nor more than twenty-five dollars ($25.00). Code 1858, §§ 2308-2310 (deriv. Acts 1837-1838, ch. 125, § 3); Shan., §§ 4044-4046; Code 1932, §§ 8257-8259; T.C.A. (orig. ed.), §§ 30-1114 -- 30-1116.
(a) No executor or administrator shall neglect or refuse, for thirty (30) days after service of a subpoena, to appear before the clerk of the probate court and settle the accounts.
(b) The clerk of the probate court shall return to the clerk of the circuit or criminal court, on or before the first day of every term of the court, having jurisdiction, a list of delinquent executors and administrators, and the district attorney general shall, ex officio, prefer against each of them an indictment without a prosecutor.
(c) Upon conviction of this offense, upon indictment or presentment in the circuit or criminal court, the delinquent shall be fined not less than one dollar ($1.00) nor more than twenty-five dollars ($25.00).
Code 1858, §§ 2308-2310 (deriv. Acts 1837-1838, ch. 125, § 3); Shan., §§ 4044-4046; Code 1932, §§ 8257-8259; T.C.A. (orig. ed.), §§ 30-1114 -- 30-1116.
Tenn. Code Ann. § 30-2-322 — TN Code / Title 30 / Chapter 2 / Section 30-2-322
Continuance of decedent's business
Status: in_force

(a) (1) The probate court of the county of the decedent's residence at the time of decease, when not contrary to the decedent's will, if any, may authorize the personal representative to continue the business of the decedent upon such conditions as it may impose, for an original period not exceeding nine (9) months from the date of the executor's or administrator's appointment. This authority may be granted upon such notice as the court considers reasonable, or without prior notice, either at the time of the qualification of the personal representative, if the petition for appointment contains a prayer therefor, or thereafter during the period of administration. (2) If, prior to the granting of this authority, notice has not been given to all parties in interest, it shall be given within five (5) days thereafter, or within such extended time as the court, for cause shown shall allow, in a manner and for a period considered reasonable by the court. (3) The court, for cause shown, and upon such notice as it considers reasonable, may extend this authority beyond nine (9) months. (b) Any party in interest may, at any time, petition the court to revoke or modify an order granting authority to the personal representative to continue a decedent's business. Acts 1955, ch. 138, §§ 1, 2; T.C.A., §§ 30-526, 30-527.
(a) (1) The probate court of the county of the decedent's residence at the time of decease, when not contrary to the decedent's will, if any, may authorize the personal representative to continue the business of the decedent upon such conditions as it may impose, for an original period not exceeding nine (9) months from the date of the executor's or administrator's appointment. This authority may be granted upon such notice as the court considers reasonable, or without prior notice, either at the time of the qualification of the personal representative, if the petition for appointment contains a prayer therefor, or thereafter during the period of administration. (2) If, prior to the granting of this authority, notice has not been given to all parties in interest, it shall be given within five (5) days thereafter, or within such extended time as the court, for cause shown shall allow, in a manner and for a period considered reasonable by the court. (3) The court, for cause shown, and upon such notice as it considers reasonable, may extend this authority beyond nine (9) months.
(1) The probate court of the county of the decedent's residence at the time of decease, when not contrary to the decedent's will, if any, may authorize the personal representative to continue the business of the decedent upon such conditions as it may impose, for an original period not exceeding nine (9) months from the date of the executor's or administrator's appointment. This authority may be granted upon such notice as the court considers reasonable, or without prior notice, either at the time of the qualification of the personal representative, if the petition for appointment contains a prayer therefor, or thereafter during the period of administration.
(2) If, prior to the granting of this authority, notice has not been given to all parties in interest, it shall be given within five (5) days thereafter, or within such extended time as the court, for cause shown shall allow, in a manner and for a period considered reasonable by the court.
(3) The court, for cause shown, and upon such notice as it considers reasonable, may extend this authority beyond nine (9) months.
(b) Any party in interest may, at any time, petition the court to revoke or modify an order granting authority to the personal representative to continue a decedent's business.
Acts 1955, ch. 138, §§ 1, 2; T.C.A., §§ 30-526, 30-527.
Tenn. Code Ann. § 30-2-504 — TN Code / Title 30 / Chapter 2 / Section 30-2-504
Waste or misappropriation of assets by personal representative - Statute of limitation applicable
Status: in_force

Nothing in part 3 of this chapter or § 30-2-501 shall be so construed as to exempt a personal representative from suit by either a creditor or a beneficiary for waste or misappropriation of the assets of the estate or other wrongful act in connection therewith, or to affect any existing statute of limitation applicable to such a suit, or to preclude the enforcement against the property affected by it of any subsisting lien that shall endure beyond the time fixed herein for filing claims. Acts 1939, ch. 175, § 10; C. Supp. 1950, § 8196.13 (Williams, § 8196.10); T.C.A. (orig. ed.), § 30-1005.
Nothing in part 3 of this chapter or § 30-2-501 shall be so construed as to exempt a personal representative from suit by either a creditor or a beneficiary for waste or misappropriation of the assets of the estate or other wrongful act in connection therewith, or to affect any existing statute of limitation applicable to such a suit, or to preclude the enforcement against the property affected by it of any subsisting lien that shall endure beyond the time fixed herein for filing claims.
Acts 1939, ch. 175, § 10; C. Supp. 1950, § 8196.13 (Williams, § 8196.10); T.C.A. (orig. ed.), § 30-1005.
Tenn. Code Ann. § 30-2-304 — TN Code / Title 30 / Chapter 2 / Section 30-2-304
Apportionment of rents upon death of life tenant
Status: in_force

(a) Where a tenant for life of real estate creates a lease out of the tenant's estate for one (1) or more years, and dies before the expiration of the lease, and before the term fixed for the payment of the rent, the rent may be apportioned, and the executor or administrator of the tenant for life may recover of the lessee, pro rata, according to the contract, and for the time the lessee had the use of the property until the death of the tenant for life. (b) Whenever any person has rented from a life tenant by written contract signed by the life tenant any real estate, adapted to and rented for farming or agricultural purposes, for a period not exceeding one (1) year, and the written contract has been entered into after December 1st of the preceding year, and the life tenant dies after the succeeding January 1st and during the year for which the contract is made, the lessee shall have the right to hold possession of such premises until the end of the year or term as against the remaindermen and all other persons; and in this case the rents on the premises for the year shall be apportioned between the estate of the deceased life tenant and the remainderman as provided by subsection (a). Acts 1877, ch. 159; 1925, ch. 51, § 1; Shan. Supp., §§ 4184, 4184a1; Code 1932, §§ 8406, 8407; T.C.A. (orig. ed.), §§ 30-506, 30-507.
(a) Where a tenant for life of real estate creates a lease out of the tenant's estate for one (1) or more years, and dies before the expiration of the lease, and before the term fixed for the payment of the rent, the rent may be apportioned, and the executor or administrator of the tenant for life may recover of the lessee, pro rata, according to the contract, and for the time the lessee had the use of the property until the death of the tenant for life.
(b) Whenever any person has rented from a life tenant by written contract signed by the life tenant any real estate, adapted to and rented for farming or agricultural purposes, for a period not exceeding one (1) year, and the written contract has been entered into after December 1st of the preceding year, and the life tenant dies after the succeeding January 1st and during the year for which the contract is made, the lessee shall have the right to hold possession of such premises until the end of the year or term as against the remaindermen and all other persons; and in this case the rents on the premises for the year shall be apportioned between the estate of the deceased life tenant and the remainderman as provided by subsection (a).
Acts 1877, ch. 159; 1925, ch. 51, § 1; Shan. Supp., §§ 4184, 4184a1; Code 1932, §§ 8406, 8407; T.C.A. (orig. ed.), §§ 30-506, 30-507.
Tenn. Code Ann. § 30-3-108 — TN Code / Title 30 / Chapter 3 / Section 30-3-108
Final hearing and finding
Status: in_force

(a) At any time during the proceedings, upon application to the court and presentation of satisfactory evidence of the absentee's death, the court may make a final finding and decree that the absentee is dead, in which event the decree and a transcript of all of the receivership proceedings shall be certified to the probate court for any administration required by law upon the estate of a decedent, and the receivership court shall proceed no further except for the purposes hereinafter set forth in § 30-3-110(1) and (3) . (b) After the lapse of seven (7) years from the date of the finding provided for in § 30-3-104 , if the absentee has not appeared and if the court has received evidence sufficient to rebut the presumption that a person absent seven (7) years is dead, then the court may proceed to take further evidence and thereafter make a final finding and enter a decree declaring that all interest of the absentee in the absentee's property has ceased and devolved upon others by reason of the absentee's failure to appear and make claim. (c) After the lapse of seven (7) years from the date of the finding provided for in § 30-3-104 , if the absentee has not appeared and if sufficient proof has not been received to rebut the presumption that a person absent seven (7) years is dead, then the court may make a final finding and decree that the absentee is dead, in which event the decree and a transcript of all of the receivership proceedings shall be certified to the probate court for any administration required by law upon the estate of a decedent, and the receivership court shall proceed no further except for the purposes hereinafter set forth in § 30-3-110 . Acts 1941, ch. 102, § 6; C. Supp. 1950, § 8407.15; T.C.A. (orig. ed.), § 30-1808; Acts 2001, ch. 121, §§ 2, 3.
(a) At any time during the proceedings, upon application to the court and presentation of satisfactory evidence of the absentee's death, the court may make a final finding and decree that the absentee is dead, in which event the decree and a transcript of all of the receivership proceedings shall be certified to the probate court for any administration required by law upon the estate of a decedent, and the receivership court shall proceed no further except for the purposes hereinafter set forth in § 30-3-110(1) and (3) .
(b) After the lapse of seven (7) years from the date of the finding provided for in § 30-3-104 , if the absentee has not appeared and if the court has received evidence sufficient to rebut the presumption that a person absent seven (7) years is dead, then the court may proceed to take further evidence and thereafter make a final finding and enter a decree declaring that all interest of the absentee in the absentee's property has ceased and devolved upon others by reason of the absentee's failure to appear and make claim.
(c) After the lapse of seven (7) years from the date of the finding provided for in § 30-3-104 , if the absentee has not appeared and if sufficient proof has not been received to rebut the presumption that a person absent seven (7) years is dead, then the court may make a final finding and decree that the absentee is dead, in which event the decree and a transcript of all of the receivership proceedings shall be certified to the probate court for any administration required by law upon the estate of a decedent, and the receivership court shall proceed no further except for the purposes hereinafter set forth in § 30-3-110 .
Acts 1941, ch. 102, § 6; C. Supp. 1950, § 8407.15; T.C.A. (orig. ed.), § 30-1808; Acts 2001, ch. 121, §§ 2, 3.
Tenn. Code Ann. § 30-2-418 — TN Code / Title 30 / Chapter 2 / Section 30-2-418
Court-ordered sale of real estate - Notice - Hearing
Status: in_force

(a) In the case of a will that does not give the personal representative the power to sell real estate, and in intestate estates, when the personal estate is ascertained by the report of the clerk, and the confirmation of the report by the court, to be insufficient for the payment of the debts of the estate, administrative expenses, inheritance taxes and estate taxes, the court shall direct that the real estate, subject to sale, or so much of the real estate as is necessary, be sold for the payment of the debts, expenses and taxes. (b) The clerk shall notify the devisees or heirs, the surviving spouse and other interested parties that the court will conduct a hearing to determine the advisability of selling real estate and to authorize the sale. (c) The devisees or heirs, the surviving spouse and other interested parties shall be made parties to the proceedings but it shall not be necessary that all parties be before the court for an order to be made therein. (d) After notice to the parties and after considering the appraisal of one (1) qualified real estate appraiser as to the fair market value of the property, the court may order the sale of real estate. The sale may be by public or private means and upon such terms and conditions as the court may direct or approve. Acts 1989, ch. 516, § 6; 1997, ch. 407, § 1; 1997, ch. 426, § 10.
(a) In the case of a will that does not give the personal representative the power to sell real estate, and in intestate estates, when the personal estate is ascertained by the report of the clerk, and the confirmation of the report by the court, to be insufficient for the payment of the debts of the estate, administrative expenses, inheritance taxes and estate taxes, the court shall direct that the real estate, subject to sale, or so much of the real estate as is necessary, be sold for the payment of the debts, expenses and taxes.
(b) The clerk shall notify the devisees or heirs, the surviving spouse and other interested parties that the court will conduct a hearing to determine the advisability of selling real estate and to authorize the sale.
(c) The devisees or heirs, the surviving spouse and other interested parties shall be made parties to the proceedings but it shall not be necessary that all parties be before the court for an order to be made therein.
(d) After notice to the parties and after considering the appraisal of one (1) qualified real estate appraiser as to the fair market value of the property, the court may order the sale of real estate. The sale may be by public or private means and upon such terms and conditions as the court may direct or approve.
Acts 1989, ch. 516, § 6; 1997, ch. 407, § 1; 1997, ch. 426, § 10.
Tenn. Code Ann. § 30-2-403 — TN Code / Title 30 / Chapter 2 / Section 30-2-403
Petition in equity for sale of realty by chancery, circuit, or probate court in county where land lies
Status: in_force

(a) Where an executor not authorized by will to sell and convey real estate, or an administrator, has exhausted the personal estate of the deceased in the payment of the deceased's debts, leaving just debts or demands against the deceased unpaid, or paid by the representative out of the representative's own means, and the deceased died seized and possessed of real estate, the chancery, circuit, or probate court of the county where the real estate or a portion of it lies, may, on the petition of the personal representative, or any bona fide creditor whose debt remains unpaid, decree the sale of those lands, or of such portions of the lands as may prove least injurious to the heirs and legal representatives, and as may be sufficient to satisfy the debts or demands set forth in the bill or petition, and shown to exist. (b) This proceeding may be had in any county where any portion of the land lies, and the court may decree a sale of any lands in any county. Code 1858, §§ 2267, 2270 (deriv. Acts 1827, ch. 54, § 4; 1831, ch. 22, § 1); 1847-1848, ch. 170, § 1; Shan., §§ 4000, 4003; Code 1932, §§ 8213, 8216; T.C.A. (orig. ed.), §§ 30-603, 30-606.
(a) Where an executor not authorized by will to sell and convey real estate, or an administrator, has exhausted the personal estate of the deceased in the payment of the deceased's debts, leaving just debts or demands against the deceased unpaid, or paid by the representative out of the representative's own means, and the deceased died seized and possessed of real estate, the chancery, circuit, or probate court of the county where the real estate or a portion of it lies, may, on the petition of the personal representative, or any bona fide creditor whose debt remains unpaid, decree the sale of those lands, or of such portions of the lands as may prove least injurious to the heirs and legal representatives, and as may be sufficient to satisfy the debts or demands set forth in the bill or petition, and shown to exist.
(b) This proceeding may be had in any county where any portion of the land lies, and the court may decree a sale of any lands in any county.
Code 1858, §§ 2267, 2270 (deriv. Acts 1827, ch. 54, § 4; 1831, ch. 22, § 1); 1847-1848, ch. 170, § 1; Shan., §§ 4000, 4003; Code 1932, §§ 8213, 8216; T.C.A. (orig. ed.), §§ 30-603, 30-606.
Tenn. Code Ann. § 30-2-610 — TN Code / Title 30 / Chapter 2 / Section 30-2-610
Settlement prima facie evidence when recorded
Status: in_force

The settlement, when so made, and recorded, shall be prima facie evidence in favor of the accounting party. Code 1858, § 2305 (deriv. Acts 1837-1838, ch. 125, § 5); Shan., § 4041; Code 1932, § 8254; T.C.A. (orig. ed.), § 30-1111.
The settlement, when so made, and recorded, shall be prima facie evidence in favor of the accounting party.
Code 1858, § 2305 (deriv. Acts 1837-1838, ch. 125, § 5); Shan., § 4041; Code 1932, § 8254; T.C.A. (orig. ed.), § 30-1111.
Tenn. Code Ann. § 30-2-407 — TN Code / Title 30 / Chapter 2 / Section 30-2-407
Execution against property in heir's hands
Status: in_force

If a decree is made against the heir or heirs, or any of them, execution shall be issued against the real estate of the deceased debtor in the possession of the heir or heirs against whom the decree is given. Code 1858, § 2255 (deriv. Acts 1789, ch. 39, § 1); Shan., § 3988; Code 1932, § 8200; T.C.A. (orig. ed.), § 30-609.
If a decree is made against the heir or heirs, or any of them, execution shall be issued against the real estate of the deceased debtor in the possession of the heir or heirs against whom the decree is given.
Code 1858, § 2255 (deriv. Acts 1789, ch. 39, § 1); Shan., § 3988; Code 1932, § 8200; T.C.A. (orig. ed.), § 30-609.
Tenn. Code Ann. § 30-4-101 — TN Code / Title 30 / Chapter 4 / Section 30-4-101
Short title
Status: in_force

This chapter is known and may be cited as "The Small Estate Probate Act." Amended by 2023 Tenn. Acts, ch. 297, s 1, eff. 4/28/2023. Amended by 2022 Tenn. Acts, ch. 665, s 1, eff. 7/1/2022. Acts 1972, ch. 687, § 1; T.C.A., § 30-2001.
This chapter is known and may be cited as "The Small Estate Probate Act."
Amended by 2023 Tenn. Acts, ch. 297, s 1, eff. 4/28/2023.
Amended by 2022 Tenn. Acts, ch. 665, s 1, eff. 7/1/2022.
Acts 1972, ch. 687, § 1; T.C.A., § 30-2001.
Tenn. Code Ann. § 30-1-310 — TN Code / Title 30 / Chapter 1 / Section 30-1-310
Duties of administrator - Removal
Status: in_force

An administrator shall be under the same responsibilities as a receiver in chancery, and shall make reports to the court in the same manner; and be removable from office for neglect or improper conduct, as a receiver may be; and when the administrator is removed, or dies or resigns, the court may appoint a successor. Code 1858, § 2218 (deriv. Acts 1841-1842, ch. 177, § 2); Shan., § 3952; Code 1932, § 8164; T.C.A. (orig. ed.), § 30-310.
An administrator shall be under the same responsibilities as a receiver in chancery, and shall make reports to the court in the same manner; and be removable from office for neglect or improper conduct, as a receiver may be; and when the administrator is removed, or dies or resigns, the court may appoint a successor.
Code 1858, § 2218 (deriv. Acts 1841-1842, ch. 177, § 2); Shan., § 3952; Code 1932, § 8164; T.C.A. (orig. ed.), § 30-310.
Tenn. Code Ann. § 30-2-507 — TN Code / Title 30 / Chapter 2 / Section 30-2-507
Proceedings on judgment against deceased
Status: in_force

The like proceeding as provided in § 30-2-506 , shall be had in case of an execution issued after the death of the debtor, and returned "nothing to be found," on a judgment recovered in the debtor's lifetime. Code 1858, § 2273 (deriv. Acts 1822, ch. 43, § 2); Shan., § 4006; Code 1932, § 8219; T.C.A. (orig. ed.), § 30-1008.
The like proceeding as provided in § 30-2-506 , shall be had in case of an execution issued after the death of the debtor, and returned "nothing to be found," on a judgment recovered in the debtor's lifetime.
Code 1858, § 2273 (deriv. Acts 1822, ch. 43, § 2); Shan., § 4006; Code 1932, § 8219; T.C.A. (orig. ed.), § 30-1008.
Tenn. Code Ann. § 30-2-713 — TN Code / Title 30 / Chapter 2 / Section 30-2-713
Satisfaction of pecuniary bequests, devises or transfers by distribution in kind - Agreements with beneficiaries and governmental authorities
Status: in_force

(a) Whenever an executor, administrator with will annexed or a trustee is empowered under the will or trust of a decedent to satisfy a pecuniary bequest, devise or transfer in trust, in kind with assets at their value for federal estate tax purposes, that fiduciary, in order to implement such a bequest, devise or transfer in trust, must, unless the governing instrument provides otherwise, distribute assets, including cash, fairly representative of appreciation or depreciation in the value of all property thus available for distribution in satisfaction of the pecuniary bequest, devise or transfer. (b) This section is not intended to change the law presently applicable to fiduciaries in this state, but is a statement of the fiduciary principles applicable to fiduciaries and is declaratory of the present law of this state. (c) The personal representative of an estate and trustees are authorized to enter into agreements with beneficiaries and with governmental authorities, agreeing to make distribution in accordance with this section for any purpose that they deem to be in the best interests of the estate, including the purpose of protecting and preserving the federal estate tax marital deduction for a decedent without regard to the decedent's date of death, or the state inheritance tax marital deduction for a decedent dying before January 1, 2016, as applicable to the estate. The guardian or conservator of a surviving beneficiary or the personal representative of a deceased beneficiary is empowered to enter into agreements pursuant to this subsection (c) for and on behalf of the beneficiary or deceased beneficiary. Amended by 2017 Tenn. Acts, ch. 290,s 4, eff. 5/4/2017. Acts 1965, ch. 284, §§ 1-3; T.C.A., § 30-1317; Acts 1984, ch. 579, § 1.
(a) Whenever an executor, administrator with will annexed or a trustee is empowered under the will or trust of a decedent to satisfy a pecuniary bequest, devise or transfer in trust, in kind with assets at their value for federal estate tax purposes, that fiduciary, in order to implement such a bequest, devise or transfer in trust, must, unless the governing instrument provides otherwise, distribute assets, including cash, fairly representative of appreciation or depreciation in the value of all property thus available for distribution in satisfaction of the pecuniary bequest, devise or transfer.
(b) This section is not intended to change the law presently applicable to fiduciaries in this state, but is a statement of the fiduciary principles applicable to fiduciaries and is declaratory of the present law of this state.
(c) The personal representative of an estate and trustees are authorized to enter into agreements with beneficiaries and with governmental authorities, agreeing to make distribution in accordance with this section for any purpose that they deem to be in the best interests of the estate, including the purpose of protecting and preserving the federal estate tax marital deduction for a decedent without regard to the decedent's date of death, or the state inheritance tax marital deduction for a decedent dying before January 1, 2016, as applicable to the estate. The guardian or conservator of a surviving beneficiary or the personal representative of a deceased beneficiary is empowered to enter into agreements pursuant to this subsection (c) for and on behalf of the beneficiary or deceased beneficiary.
Amended by 2017 Tenn. Acts, ch. 290,s 4, eff. 5/4/2017.
Acts 1965, ch. 284, §§ 1-3; T.C.A., § 30-1317; Acts 1984, ch. 579, § 1.
Tenn. Code Ann. § 30-2-411 — TN Code / Title 30 / Chapter 2 / Section 30-2-411
Service of scire facias
Status: in_force

When any such heir or devisee is a minor and has a guardian, the scire facias shall be served on the guardian and heir, but if the minor has no guardian, the court shall appoint one to defend the suit. Code 1858, § 2260 (deriv. Acts 1784 (Oct.), ch. 11, § 3); Shan., § 3993; Code 1932, § 8205; T.C.A. (orig. ed.), § 30-613.
When any such heir or devisee is a minor and has a guardian, the scire facias shall be served on the guardian and heir, but if the minor has no guardian, the court shall appoint one to defend the suit.
Code 1858, § 2260 (deriv. Acts 1784 (Oct.), ch. 11, § 3); Shan., § 3993; Code 1932, § 8205; T.C.A. (orig. ed.), § 30-613.
Tenn. Code Ann. § 30-2-703 — TN Code / Title 30 / Chapter 2 / Section 30-2-703
Disposition of shares - Application and claim for share
Status: in_force

(a) Shares so placed in the state treasury shall not become the property of the state, but shall be and remain trust property demandable at any time by the owner or by the guardian of any owner, distributee or by the personal representative of any deceased owner. (b) Any person lawfully entitled to receive any money paid into the state treasury pursuant to § 30-2-702 may claim the amount due in accordance with title 66, chapter 29, part 1, governing the disposition of unclaimed property. The state treasurer shall pay the amount, as in other cases, out of any money in the treasury; provided, the state shall not be liable for interest on any fund or funds paid into the state treasury under this law. (c) Property delivered to the treasurer pursuant to § 30-2-702 , may be claimed in accordance with title 66, chapter 29, part 1, governing the disposition of unclaimed property. Acts 1945, ch. 126, §§ 2-4; mod. C. Supp. 1950, § 8196.10 (Williams, §§ 8334.2-8334.4); T.C.A. (orig. ed.), § 30-1303; Acts 1986, ch. 539, § 2; 1987, ch. 322, §§ 13, 14.
(a) Shares so placed in the state treasury shall not become the property of the state, but shall be and remain trust property demandable at any time by the owner or by the guardian of any owner, distributee or by the personal representative of any deceased owner.
(b) Any person lawfully entitled to receive any money paid into the state treasury pursuant to § 30-2-702 may claim the amount due in accordance with title 66, chapter 29, part 1, governing the disposition of unclaimed property. The state treasurer shall pay the amount, as in other cases, out of any money in the treasury; provided, the state shall not be liable for interest on any fund or funds paid into the state treasury under this law.
(c) Property delivered to the treasurer pursuant to § 30-2-702 , may be claimed in accordance with title 66, chapter 29, part 1, governing the disposition of unclaimed property.
Acts 1945, ch. 126, §§ 2-4; mod. C. Supp. 1950, § 8196.10 (Williams, §§ 8334.2-8334.4); T.C.A. (orig. ed.), § 30-1303; Acts 1986, ch. 539, § 2; 1987, ch. 322, §§ 13, 14.
Tenn. Code Ann. § 30-2-506 — TN Code / Title 30 / Chapter 2 / Section 30-2-506
Proceedings on general sessions court's execution
Status: in_force

Upon the return of papers under § 30-2-505 , scire facias shall be issued, and all other proceedings had for the satisfaction of the judgment, either out of the goods and chattels, lands and tenements of the defendant, in case the executor or administrator has wasted the assets, or out of the real estate of the deceased. Code 1858, § 2272 (deriv. Acts 1822, ch. 43, § 1); Shan., § 4005; Code 1932, § 8218; T.C.A. (orig. ed.), § 30-1007.
Upon the return of papers under § 30-2-505 , scire facias shall be issued, and all other proceedings had for the satisfaction of the judgment, either out of the goods and chattels, lands and tenements of the defendant, in case the executor or administrator has wasted the assets, or out of the real estate of the deceased.
Code 1858, § 2272 (deriv. Acts 1822, ch. 43, § 1); Shan., § 4005; Code 1932, § 8218; T.C.A. (orig. ed.), § 30-1007.
Tenn. Code Ann. § 30-2-202 — TN Code / Title 30 / Chapter 2 / Section 30-2-202
Jurisdiction
Status: in_force

The probate court, at any of its sessions, shall have jurisdiction concurrent with the circuit and chancery courts, of applications for laying off of homestead. Code 1858, § 2407 (deriv. Acts 1849-1850, ch. 77, § 1); Shan., § 4150; mod. Code 1932, § 8367; Acts 1976, ch. 529, § 13; T.C.A. (orig. ed.), § 30-902.
The probate court, at any of its sessions, shall have jurisdiction concurrent with the circuit and chancery courts, of applications for laying off of homestead.
Code 1858, § 2407 (deriv. Acts 1849-1850, ch. 77, § 1); Shan., § 4150; mod. Code 1932, § 8367; Acts 1976, ch. 529, § 13; T.C.A. (orig. ed.), § 30-902.
Tenn. Code Ann. § 30-1-101 — TN Code / Title 30 / Chapter 1 / Section 30-1-101
Letters testamentary or of administration required
Status: in_force

No person shall presume to enter upon the administration of any deceased person's estate until the person has obtained letters of administration or letters testamentary. Code 1858, § 2201 (deriv. Acts 1715, ch. 48, § 4); Shan., § 3933; Code 1932, § 8143; T.C.A. (orig. ed.), § 30-101.
No person shall presume to enter upon the administration of any deceased person's estate until the person has obtained letters of administration or letters testamentary.
Code 1858, § 2201 (deriv. Acts 1715, ch. 48, § 4); Shan., § 3933; Code 1932, § 8143; T.C.A. (orig. ed.), § 30-101.
Tenn. Code Ann. § 30-2-318 — TN Code / Title 30 / Chapter 2 / Section 30-2-318
Payment of claims prior to time fixed for payment
Status: in_force

(a) At any time prior to the expiration of the period fixed for the payment of claims, the personal representative may pay the preferred claims as provided in § 30-2-317 for which the estate may be liable, and upon order of court any debt of the decedent for which security may have been given that is in danger of being sold by way of foreclosure to the detriment of the estate. (b) If the executor or administrator knows or is willing to undertake that an estate is solvent, the executor or administrator may pay debts, but if the executor or administrator pays any debts other than those specified in subsection (a) prior to the expiration of the time fixed for the payment of claims, and the estate proves insolvent, the executor or administrator and the sureties of the executor or administrator shall be liable to each and every creditor for the creditor's ratable share of the insolvent estate. Code 1858, § 2325 (deriv. Acts 1851-1852, ch. 283, § 1); Shan., § 4064; mod. Code 1932, § 8260; modified; Acts 1939, ch. 175, § 4; C. Supp. 1950, § 8196.5 (Williams, § 8196.4); T.C.A. (orig. ed.), §§ 30-521, 30-522.
(a) At any time prior to the expiration of the period fixed for the payment of claims, the personal representative may pay the preferred claims as provided in § 30-2-317 for which the estate may be liable, and upon order of court any debt of the decedent for which security may have been given that is in danger of being sold by way of foreclosure to the detriment of the estate.
(b) If the executor or administrator knows or is willing to undertake that an estate is solvent, the executor or administrator may pay debts, but if the executor or administrator pays any debts other than those specified in subsection (a) prior to the expiration of the time fixed for the payment of claims, and the estate proves insolvent, the executor or administrator and the sureties of the executor or administrator shall be liable to each and every creditor for the creditor's ratable share of the insolvent estate.
Code 1858, § 2325 (deriv. Acts 1851-1852, ch. 283, § 1); Shan., § 4064; mod. Code 1932, § 8260; modified; Acts 1939, ch. 175, § 4; C. Supp. 1950, § 8196.5 (Williams, § 8196.4); T.C.A. (orig. ed.), §§ 30-521, 30-522.