Tenn. Code Ann. § 30-3-104 — TN Code / Title 30 / Chapter 3 / Section 30-3-104
Receiver - Appointment - Powers
Status: in_force

(a) When a person domiciled in this state and having an interest in any form of property disappears and is absent from the person's place of residence without being heard of after diligent inquiry, upon application for a finding of such disappearance and absence and of the necessity for the appointment of a receiver to the chancery court of the county of the absentee's domicile by any person who would have an interest in the property were the absentee deceased or by an insurer or surety or creditor of such absentee, after notice as provided in § 30-3-106 and upon good cause being shown, the court may find that the person was last heard of as of a date certain and may appoint a receiver to take charge of the person's estate. The absentee shall be made a party to the proceeding, and any other person who would have an interest in the property were the absentee deceased, upon direction by the court, may be made party to the proceeding. (b) The receiver, upon giving bond to be fixed in amount and with surety to be approved by the court, and upon such conditions as will ensure the conservation of such property, shall, under the direction of the court, administer the property as an equity receivership with power: (1) To take possession of all property of the absentee wherever situated; (2) To collect all debts due the absentee; (3) To bring and defend suits; (4) To pay insurance premiums; (5) With the approval of the court in each case, to pay all debts due by the absentee; and (6) To pay over the proceeds of such part or all of the property, or the income thereof, as may be necessary for the maintenance and support of the absentee's dependents, and if the personal property of the absentee be not sufficient to pay all of the absentee's debt and to provide for the maintenance and support of the absentee's dependents, the receiver may apply to the court for an order to sell or mortgage so much of the real estate as may be necessary therefor, the sale or mortgage to be reported to, approved and confirmed by the court and the receiver to be ordered to make a deed conveying or mortgaging the real property to the purchaser or lender upon the purchaser or lender complying with the terms of sale or mortgage. Acts 1941, ch. 102, § 3; C. Supp. 1950, § 8407.12; T.C.A. (orig. ed.), § 30-1804.
(a) When a person domiciled in this state and having an interest in any form of property disappears and is absent from the person's place of residence without being heard of after diligent inquiry, upon application for a finding of such disappearance and absence and of the necessity for the appointment of a receiver to the chancery court of the county of the absentee's domicile by any person who would have an interest in the property were the absentee deceased or by an insurer or surety or creditor of such absentee, after notice as provided in § 30-3-106 and upon good cause being shown, the court may find that the person was last heard of as of a date certain and may appoint a receiver to take charge of the person's estate. The absentee shall be made a party to the proceeding, and any other person who would have an interest in the property were the absentee deceased, upon direction by the court, may be made party to the proceeding.
(b) The receiver, upon giving bond to be fixed in amount and with surety to be approved by the court, and upon such conditions as will ensure the conservation of such property, shall, under the direction of the court, administer the property as an equity receivership with power: (1) To take possession of all property of the absentee wherever situated; (2) To collect all debts due the absentee; (3) To bring and defend suits; (4) To pay insurance premiums; (5) With the approval of the court in each case, to pay all debts due by the absentee; and (6) To pay over the proceeds of such part or all of the property, or the income thereof, as may be necessary for the maintenance and support of the absentee's dependents, and if the personal property of the absentee be not sufficient to pay all of the absentee's debt and to provide for the maintenance and support of the absentee's dependents, the receiver may apply to the court for an order to sell or mortgage so much of the real estate as may be necessary therefor, the sale or mortgage to be reported to, approved and confirmed by the court and the receiver to be ordered to make a deed conveying or mortgaging the real property to the purchaser or lender upon the purchaser or lender complying with the terms of sale or mortgage.
(1) To take possession of all property of the absentee wherever situated;
(2) To collect all debts due the absentee;
(3) To bring and defend suits;
(4) To pay insurance premiums;
(5) With the approval of the court in each case, to pay all debts due by the absentee; and
(6) To pay over the proceeds of such part or all of the property, or the income thereof, as may be necessary for the maintenance and support of the absentee's dependents, and if the personal property of the absentee be not sufficient to pay all of the absentee's debt and to provide for the maintenance and support of the absentee's dependents, the receiver may apply to the court for an order to sell or mortgage so much of the real estate as may be necessary therefor, the sale or mortgage to be reported to, approved and confirmed by the court and the receiver to be ordered to make a deed conveying or mortgaging the real property to the purchaser or lender upon the purchaser or lender complying with the terms of sale or mortgage.
Acts 1941, ch. 102, § 3; C. Supp. 1950, § 8407.12; T.C.A. (orig. ed.), § 30-1804.
Tenn. Code Ann. § 30-2-409 — TN Code / Title 30 / Chapter 2 / Section 30-2-409
Proceeding by scire facias when debt sued on prior to deceased's death
Status: in_force

(a) Where no person will administer on the estate of the deceased, any person who has commenced a suit against the deceased in the lifetime of the deceased may issue a scire facias against the deceased's heirs or devisees, for whom, in case they are minors, the court shall appoint a guardian ad litem for the purpose of defending the suit. (b) On return of the scire facias made known to the guardian and heirs, or devisees, the plaintiff may prosecute the suit to judgment and execution against the real estate of the ancestor descended or devised to the heirs or devisees. Code 1858, § 2257 (deriv. Acts 1809 (Sept.), ch. 121, § 3); Shan., § 3990; Code 1932, § 8202; T.C.A. (orig. ed.), § 30-611.
(a) Where no person will administer on the estate of the deceased, any person who has commenced a suit against the deceased in the lifetime of the deceased may issue a scire facias against the deceased's heirs or devisees, for whom, in case they are minors, the court shall appoint a guardian ad litem for the purpose of defending the suit.
(b) On return of the scire facias made known to the guardian and heirs, or devisees, the plaintiff may prosecute the suit to judgment and execution against the real estate of the ancestor descended or devised to the heirs or devisees.
Code 1858, § 2257 (deriv. Acts 1809 (Sept.), ch. 121, § 3); Shan., § 3990; Code 1932, § 8202; T.C.A. (orig. ed.), § 30-611.
Tenn. Code Ann. § 30-1-407 — TN Code / Title 30 / Chapter 1 / Section 30-1-407
Compensation for services
Status: in_force

The administrator, guardian, trustee, or receiver shall have all the powers, and shall receive the same compensation, that other administrators, guardians, trustees, and receivers are entitled to receive for their services, and this compensation shall be approved by the court at the time of periodic accountings or in the order appointing the administrator, guardian, trustee, or receiver. Amended by 2022 Tenn. Acts, ch. 912, s 8, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 912, s 7, eff. 7/1/2022. Acts 1870, ch. 98, § 5; Shan., § 589; Code 1932, § 843; T.C.A. (orig. ed.), § 30-1507; Acts 1987, ch. 322, § 5.
The administrator, guardian, trustee, or receiver shall have all the powers, and shall receive the same compensation, that other administrators, guardians, trustees, and receivers are entitled to receive for their services, and this compensation shall be approved by the court at the time of periodic accountings or in the order appointing the administrator, guardian, trustee, or receiver.
Amended by 2022 Tenn. Acts, ch. 912, s 8, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 912, s 7, eff. 7/1/2022.
Acts 1870, ch. 98, § 5; Shan., § 589; Code 1932, § 843; T.C.A. (orig. ed.), § 30-1507; Acts 1987, ch. 322, § 5.
Tenn. Code Ann. § 30-5-104 — TN Code / Title 30 / Chapter 5 / Section 30-5-104
Hearing on objection to plan - Notice
Status: in_force

(a) If an objection to the proposed plan of distribution is filed with the clerk within the thirty-day waiting period, the clerk shall schedule a hearing no less than fifteen (15) nor more than thirty (30) days from the last day upon which objections may be filed. (b) The clerk shall give notice of the hearing date to the attorney for the estate, to the personal representative, to the creditor filing the objection, and to all claiming creditors. Code 1858, § 2330 (deriv. Acts 1851-1852, ch. 283, § 6); Shan., §4070; mod. Code 1932, § 8266; modified; T.C.A. (orig. ed.), §30-704; Acts 1985, ch. 140, § 25; 1989, ch. 516, §4; 1997 , ch. 407, § 3.
(a) If an objection to the proposed plan of distribution is filed with the clerk within the thirty-day waiting period, the clerk shall schedule a hearing no less than fifteen (15) nor more than thirty (30) days from the last day upon which objections may be filed.
(b) The clerk shall give notice of the hearing date to the attorney for the estate, to the personal representative, to the creditor filing the objection, and to all claiming creditors.
Code 1858, § 2330 (deriv. Acts 1851-1852, ch. 283, § 6); Shan., §4070; mod. Code 1932, § 8266; modified; T.C.A. (orig. ed.), §30-704; Acts 1985, ch. 140, § 25; 1989, ch. 516, §4; 1997 , ch. 407, § 3.
Tenn. Code Ann. § 30-2-211 — TN Code / Title 30 / Chapter 2 / Section 30-2-211
Costs
Status: in_force

The costs of the application shall be paid by the applicant unless the court otherwise adjudge. Code 1858, § 2418 (deriv. Acts 1815, ch. 85, § 3); Shan., § 4161; mod. Code 1932, § 8378; T.C.A. (orig. ed.), § 30-914.
The costs of the application shall be paid by the applicant unless the court otherwise adjudge.
Code 1858, § 2418 (deriv. Acts 1815, ch. 85, § 3); Shan., § 4161; mod. Code 1932, § 8378; T.C.A. (orig. ed.), § 30-914.
Tenn. Code Ann. § 30-2-203 — TN Code / Title 30 / Chapter 2 / Section 30-2-203
Notice of application
Status: in_force

(a) When an application for homestead is filed pursuant to this part, it shall be served upon the personal representative, if one has been appointed, and to the heirs or devisees and distributees or legatees who reside in this state. If there is a minor interested, the guardian shall also be served, and, if no guardian has been appointed, the courts shall appoint a guardian ad litem for the minor. Service of the application upon the parties named pursuant to this subsection (a), shall constitute adequate notice of the application for homestead. (b) It shall not be necessary to serve the application for homestead upon nonresidents, but any nonresident interested in the estate and not so served shall have three (3) years from the date of the application to move for a rehearing of the cause. The filing of a petition for a rehearing and service of the petition on all interested parties shall constitute adequate notice of the rehearing. The cost of the rehearing shall be taxed as may be deemed just by the court. Code 1858, §§ 2408 -- 2410 (deriv. Acts 1849-1850, ch. 77, § 3-5); Shan., §§ 4151 -- 4153; mod. Code 1932, §§ 8368 -- 8370; impl. am. Acts 1976, ch. 529, § 1; T.C.A. (orig. ed.), §§ 30-903 -- 30-905; Acts 2002, ch. 735, § 14.
(a) When an application for homestead is filed pursuant to this part, it shall be served upon the personal representative, if one has been appointed, and to the heirs or devisees and distributees or legatees who reside in this state. If there is a minor interested, the guardian shall also be served, and, if no guardian has been appointed, the courts shall appoint a guardian ad litem for the minor. Service of the application upon the parties named pursuant to this subsection (a), shall constitute adequate notice of the application for homestead.
(b) It shall not be necessary to serve the application for homestead upon nonresidents, but any nonresident interested in the estate and not so served shall have three (3) years from the date of the application to move for a rehearing of the cause. The filing of a petition for a rehearing and service of the petition on all interested parties shall constitute adequate notice of the rehearing. The cost of the rehearing shall be taxed as may be deemed just by the court.
Code 1858, §§ 2408 -- 2410 (deriv. Acts 1849-1850, ch. 77, § 3-5); Shan., §§ 4151 -- 4153; mod. Code 1932, §§ 8368 -- 8370; impl. am. Acts 1976, ch. 529, § 1; T.C.A. (orig. ed.), §§ 30-903 -- 30-905; Acts 2002, ch. 735, § 14.
Tenn. Code Ann. § 30-3-210 — TN Code / Title 30 / Chapter 3 / Section 30-3-210
Termination of conservatorship
Status: in_force

(a) At any time upon petition signed by the absentee, or on petition of an attorney in fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the conservatorship and the transfer of all property held under the conservatorship to the absentee or to the designated attorney in fact. (b) Likewise, if at any time subsequent to the appointment of a conservator it appears that the absentee has died and a personal representative has been appointed for the absentee's estate, the court shall direct the termination of the conservatorship and the transfer of all property of the deceased absentee held under the conservatorship to the personal representative. (c) When the need for a conservatorship terminates, the conservator shall promptly file final accountings and application for discharge with the court. If it appears to the court that the accountings are correct and that the conservator has made full and complete transfer of the absentee's assets as directed, the court may approve the accountings and discharge the conservator. If objections to the accountings are filed, the judge shall conduct a hearing under the same conditions for a hearing on objections to annual accountings. (d) The discharge shall operate as a release from the duties of the conservatorship and as a bar to any suit against the conservator or the conservator's surety, unless the suit is commenced within one (1) year from the date of discharge. Acts 1972, ch. 785, § 11; T.C.A., § 30-1911; Acts 1985, ch. 140, § 24.
(a) At any time upon petition signed by the absentee, or on petition of an attorney in fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the conservatorship and the transfer of all property held under the conservatorship to the absentee or to the designated attorney in fact.
(b) Likewise, if at any time subsequent to the appointment of a conservator it appears that the absentee has died and a personal representative has been appointed for the absentee's estate, the court shall direct the termination of the conservatorship and the transfer of all property of the deceased absentee held under the conservatorship to the personal representative.
(c) When the need for a conservatorship terminates, the conservator shall promptly file final accountings and application for discharge with the court. If it appears to the court that the accountings are correct and that the conservator has made full and complete transfer of the absentee's assets as directed, the court may approve the accountings and discharge the conservator. If objections to the accountings are filed, the judge shall conduct a hearing under the same conditions for a hearing on objections to annual accountings.
(d) The discharge shall operate as a release from the duties of the conservatorship and as a bar to any suit against the conservator or the conservator's surety, unless the suit is commenced within one (1) year from the date of discharge.
Acts 1972, ch. 785, § 11; T.C.A., § 30-1911; Acts 1985, ch. 140, § 24.
Tenn. Code Ann. § 30-1-403 — TN Code / Title 30 / Chapter 1 / Section 30-1-403
Death or removal - Filling vacancy
Status: in_force

On the death, removal, or resignation of an administrator, guardian, trustee, or receiver provided for in this part, the county legislative body may fill the vacancy for the unexpired term. Amended by 2022 Tenn. Acts, ch. 912, s 5, eff. 7/1/2022. Acts 1870, ch. 98, § 3; Shan., § 585; Code 1932, § 839; T.C.A. (orig. ed.), § 30-1503; Acts 1987, ch. 322, § 3.
On the death, removal, or resignation of an administrator, guardian, trustee, or receiver provided for in this part, the county legislative body may fill the vacancy for the unexpired term.
Amended by 2022 Tenn. Acts, ch. 912, s 5, eff. 7/1/2022.
Acts 1870, ch. 98, § 3; Shan., § 585; Code 1932, § 839; T.C.A. (orig. ed.), § 30-1503; Acts 1987, ch. 322, § 3.
Tenn. Code Ann. § 30-2-701 — TN Code / Title 30 / Chapter 2 / Section 30-2-701
Distribution of balance - Final settlement
Status: in_force

Upon the payment of all claims that are not contested and upon provision being made for expenses of administration, obligations on account of taxes and assessments that have not been settled, claims not due and undetermined contested claims, together with costs and expenses of litigation, the personal representative shall pay any balance remaining in the personal representative's hands to the distributees or legatees entitled to it, unless granted additional time by the court, or by the terms of the instrument under which the personal representative is acting, and thereafter, when all other legal liabilities have been paid, and the balance remaining has been delivered to those entitled to it or paid to the state treasurer, to be handled in accordance with title 66, chapter 29, part 1, relating to unclaimed property or administered as in § 30-2-402 ; provided, that in the event of insolvency, the personal representative shall make and file with the court a final settlement of the estate in accordance with chapter 2, part 6 of this title. Amended by 2017 Tenn. Acts, ch. 280,s 6, eff. 7/1/2017. Acts 1939, ch. 175, § 7; mod. C. Supp. 1950, § 8196.8 (Williams, § 8196.7); T.C.A. (orig. ed.), § 30-1301; Acts 1987, ch. 322, § 9.
Upon the payment of all claims that are not contested and upon provision being made for expenses of administration, obligations on account of taxes and assessments that have not been settled, claims not due and undetermined contested claims, together with costs and expenses of litigation, the personal representative shall pay any balance remaining in the personal representative's hands to the distributees or legatees entitled to it, unless granted additional time by the court, or by the terms of the instrument under which the personal representative is acting, and thereafter, when all other legal liabilities have been paid, and the balance remaining has been delivered to those entitled to it or paid to the state treasurer, to be handled in accordance with title 66, chapter 29, part 1, relating to unclaimed property or administered as in § 30-2-402 ; provided, that in the event of insolvency, the personal representative shall make and file with the court a final settlement of the estate in accordance with chapter 2, part 6 of this title.
Amended by 2017 Tenn. Acts, ch. 280,s 6, eff. 7/1/2017.
Acts 1939, ch. 175, § 7; mod. C. Supp. 1950, § 8196.8 (Williams, § 8196.7); T.C.A. (orig. ed.), § 30-1301; Acts 1987, ch. 322, § 9.
Tenn. Code Ann. § 30-2-611 — TN Code / Title 30 / Chapter 2 / Section 30-2-611
Fees of clerk
Status: in_force

Besides the fees allowed to the clerk for the clerk's service, as provided in [former] § 8-21-701(28)-(30) [repealed] for taking and stating accounts, the clerk shall receive such further sum as the court of first instance or on appeal may allow, upon a confirmation of the settlement. Code 1858, § 2306 (deriv. Acts 1837-1838, ch. 125, § 6); Shan., § 4042; mod. Code 1932, § 8255; T.C.A. (orig. ed.), § 30-1112.
Besides the fees allowed to the clerk for the clerk's service, as provided in [former] § 8-21-701(28)-(30) [repealed] for taking and stating accounts, the clerk shall receive such further sum as the court of first instance or on appeal may allow, upon a confirmation of the settlement.
Code 1858, § 2306 (deriv. Acts 1837-1838, ch. 125, § 6); Shan., § 4042; mod. Code 1932, § 8255; T.C.A. (orig. ed.), § 30-1112.
Tenn. Code Ann. § 30-2-104 — TN Code / Title 30 / Chapter 2 / Section 30-2-104
Death of surviving spouse or death, majority, or marriage of minor child during year
Status: in_force

(a) Death of a surviving spouse within the one-year period for which the allowance is provided under § 30-2-102 , for the surviving spouse's maintenance, shall not affect the vested right of the surviving spouse to the allowance or the ordering thereof by the court. (b) If an unmarried minor child dies, marries or comes of age, no allowance shall be made under § 30-2-102 for the minor's maintenance for any period after the child's death, marriage or coming of age. Acts 1967, ch. 146, § 1; T.C.A., § 30-805.
(a) Death of a surviving spouse within the one-year period for which the allowance is provided under § 30-2-102 , for the surviving spouse's maintenance, shall not affect the vested right of the surviving spouse to the allowance or the ordering thereof by the court.
(b) If an unmarried minor child dies, marries or comes of age, no allowance shall be made under § 30-2-102 for the minor's maintenance for any period after the child's death, marriage or coming of age.
Acts 1967, ch. 146, § 1; T.C.A., § 30-805.
Tenn. Code Ann. § 30-1-205 — TN Code / Title 30 / Chapter 1 / Section 30-1-205
Validity of bond not dependent upon form
Status: in_force

The bond or any other bond executed by the parties, although not strictly in accordance with the above provision and form, because made payable to a different payee, or because the condition is more extensive or less extensive, or otherwise, shall be valid and effectual to the extent of its stipulations and conditions, and subject the parties to the bond in the same way as if the bond had been drawn in strict conformity to law, so long as the language of the bond includes, within the total obligation of the bond, the obligation to pay all court costs, attorney's fees, and other expenses reasonably incurred because of the failure of the personal representative to properly account for and utilize all funds coming into the hands of the personal representative. Code 1858, § 2224; Shan., § 3960; mod. Code 1932, § 8173; T.C.A. (orig. ed.), § 30-205; Acts 2011, ch. 477, § 3.
The bond or any other bond executed by the parties, although not strictly in accordance with the above provision and form, because made payable to a different payee, or because the condition is more extensive or less extensive, or otherwise, shall be valid and effectual to the extent of its stipulations and conditions, and subject the parties to the bond in the same way as if the bond had been drawn in strict conformity to law, so long as the language of the bond includes, within the total obligation of the bond, the obligation to pay all court costs, attorney's fees, and other expenses reasonably incurred because of the failure of the personal representative to properly account for and utilize all funds coming into the hands of the personal representative.
Code 1858, § 2224; Shan., § 3960; mod. Code 1932, § 8173; T.C.A. (orig. ed.), § 30-205; Acts 2011, ch. 477, § 3.
Tenn. Code Ann. § 30-2-602 — TN Code / Title 30 / Chapter 2 / Section 30-2-602
Citation to appear and settle - Punishment for disobedience
Status: in_force

If any personal representative fails to settle the accounts or file a status report as prescribed in § 30-2-601 , the clerk shall cite the personal representative to appear and settle on a given day, to be specified in the citation, and if the personal representative disobeys the citation, the citation being duly returned, with service endorsed on it, or endorsement to the effect that the personal representative avoids service, that disobedience or avoiding of service shall be a contempt of court, and punishable as such. At the clerk's discretion, any citation issued for the appearance of a personal representative pursuant to this section may be served by sending such citation by certified mail with return receipt to the personal representative's last known address. Amended by 2017 Tenn. Acts, ch. 280,s 5, eff. 7/1/2017. Code 1858, § 2297 (deriv. Acts 1851-1852, ch. 215, § 6); Shan., § 4033; Code 1932, § 8246; T.C.A. (orig. ed.), § 30-1103; Acts 1989, ch. 395, § 13.
If any personal representative fails to settle the accounts or file a status report as prescribed in § 30-2-601 , the clerk shall cite the personal representative to appear and settle on a given day, to be specified in the citation, and if the personal representative disobeys the citation, the citation being duly returned, with service endorsed on it, or endorsement to the effect that the personal representative avoids service, that disobedience or avoiding of service shall be a contempt of court, and punishable as such. At the clerk's discretion, any citation issued for the appearance of a personal representative pursuant to this section may be served by sending such citation by certified mail with return receipt to the personal representative's last known address.
Amended by 2017 Tenn. Acts, ch. 280,s 5, eff. 7/1/2017.
Code 1858, § 2297 (deriv. Acts 1851-1852, ch. 215, § 6); Shan., § 4033; Code 1932, § 8246; T.C.A. (orig. ed.), § 30-1103; Acts 1989, ch. 395, § 13.
Tenn. Code Ann. § 30-2-406 — TN Code / Title 30 / Chapter 2 / Section 30-2-406
Complaint in equity by creditor serving as administrator
Status: in_force

(a) Where administration is granted to any person on account of the person being a creditor of the intestate, and there are not personal assets sufficient to satisfy the debt or demand of that administrator, the person may proceed against the heirs or devisees of the deceased for the recovery of the person's debt or demand, to the court having probate jurisdiction of the county in which the administration was granted, a complaint, setting forth the nature of the debt or demand, and the amount of it, praying that the heir or heirs may be made defendants to the proceedings. (b) Upon this complaint being filed in the clerk's office, the same proceedings shall be had, and the defendants shall be bound by, and be subject to, the same rules as in other cases in equity. Code 1858, §§ 2253, 2254 (deriv. Acts 1789, ch. 39, § 1); Shan., §§ 3986, 3987; Code 1932, §§ 8198, 8199; T.C.A. (orig. ed.), §§ 30-607, 30-608; Acts 1985, ch. 140, § 18.
(a) Where administration is granted to any person on account of the person being a creditor of the intestate, and there are not personal assets sufficient to satisfy the debt or demand of that administrator, the person may proceed against the heirs or devisees of the deceased for the recovery of the person's debt or demand, to the court having probate jurisdiction of the county in which the administration was granted, a complaint, setting forth the nature of the debt or demand, and the amount of it, praying that the heir or heirs may be made defendants to the proceedings.
(b) Upon this complaint being filed in the clerk's office, the same proceedings shall be had, and the defendants shall be bound by, and be subject to, the same rules as in other cases in equity.
Code 1858, §§ 2253, 2254 (deriv. Acts 1789, ch. 39, § 1); Shan., §§ 3986, 3987; Code 1932, §§ 8198, 8199; T.C.A. (orig. ed.), §§ 30-607, 30-608; Acts 1985, ch. 140, § 18.
Tenn. Code Ann. § 30-2-501 — TN Code / Title 30 / Chapter 2 / Section 30-2-501
Time limitation for suit - State tax lien
Status: in_force

(a) Other than by filing of claims or the revivor of actions pending against the decedent at the time of the decedent's death, no suits shall be brought or other action taken by any creditor against the estate until the expiration of three (3) months from the issuance of letters, and nothing in this part shall be so construed as to permit the filing of claims or revivor of pending actions, or institution of suits against the personal representative after twelve (12) months from the date of death of the decedent, except, however, for insolvency proceedings or claims filed by creditors within the period prescribed in the notice published or posted in accordance with § 30-2-306(b) . (b) Where any taxes were owed to the state by the decedent at the time of death, any and all property of such decedent, or an amount equal to the proceeds derived from the disposal thereof, shall be subject to the state's common law lien for delinquent taxes for a period of six (6) months following death or until payment within that period, which lien shall be enforceable by distress warrant in accordance with title 67, chapter 1, part 12. Acts 1939, ch. 175, § 6; 1947, ch. 137, § 1; C. Supp. 1950, § 8196.7 (Williams, § 8196.6); Acts 1957, ch. 242, § 1; 1971, ch. 230, § 1; T.C.A. (orig. ed.), § 30-1001; Acts 1989, ch. 395, § 9.
(a) Other than by filing of claims or the revivor of actions pending against the decedent at the time of the decedent's death, no suits shall be brought or other action taken by any creditor against the estate until the expiration of three (3) months from the issuance of letters, and nothing in this part shall be so construed as to permit the filing of claims or revivor of pending actions, or institution of suits against the personal representative after twelve (12) months from the date of death of the decedent, except, however, for insolvency proceedings or claims filed by creditors within the period prescribed in the notice published or posted in accordance with § 30-2-306(b) .
(b) Where any taxes were owed to the state by the decedent at the time of death, any and all property of such decedent, or an amount equal to the proceeds derived from the disposal thereof, shall be subject to the state's common law lien for delinquent taxes for a period of six (6) months following death or until payment within that period, which lien shall be enforceable by distress warrant in accordance with title 67, chapter 1, part 12.
Acts 1939, ch. 175, § 6; 1947, ch. 137, § 1; C. Supp. 1950, § 8196.7 (Williams, § 8196.6); Acts 1957, ch. 242, § 1; 1971, ch. 230, § 1; T.C.A. (orig. ed.), § 30-1001; Acts 1989, ch. 395, § 9.
Tenn. Code Ann. § 30-2-210 — TN Code / Title 30 / Chapter 2 / Section 30-2-210
Assignment of homestead and plat recorded
Status: in_force

The commissioners shall, in their report, exhibit a plat of the homestead, and also plainly set forth the same by metes and bounds where the homestead can be so assigned, and if the report is confirmed by the court, the clerk shall enter it in full with the plat on the records of the court. Code 1858, § 2417 (deriv. Acts 1849-1850, ch. 77, § 7); Shan., § 4160; Code 1932, § 8377; Acts 1976, ch. 529, § 17; T.C.A. (orig. ed.), § 30-913.
The commissioners shall, in their report, exhibit a plat of the homestead, and also plainly set forth the same by metes and bounds where the homestead can be so assigned, and if the report is confirmed by the court, the clerk shall enter it in full with the plat on the records of the court.
Code 1858, § 2417 (deriv. Acts 1849-1850, ch. 77, § 7); Shan., § 4160; Code 1932, § 8377; Acts 1976, ch. 529, § 17; T.C.A. (orig. ed.), § 30-913.
Tenn. Code Ann. § 30-1-116 — TN Code / Title 30 / Chapter 1 / Section 30-1-116
Appointment of nonresident personal representative
Status: in_force

No nonresident person, bank or trust company may be appointed as the personal representative of an estate of a decedent, except as provided in § 35-50-107 . Acts 1985, ch. 312, § 1; 1988, ch. 854, § 4.
No nonresident person, bank or trust company may be appointed as the personal representative of an estate of a decedent, except as provided in § 35-50-107 .
Acts 1985, ch. 312, § 1; 1988, ch. 854, § 4.
Tenn. Code Ann. § 30-2-205 — TN Code / Title 30 / Chapter 2 / Section 30-2-205
Appointment of substitute surveyor
Status: in_force

If the surveyor is connected with any of the parties interested, either by affinity or consanguinity, the court shall appoint some competent surveyor, other than the surveyor's deputy, in the surveyor's place. Code 1858, § 2412 (deriv. Acts 1849-1850, ch. 77, § 2); Shan., § 4155; mod. Code 1932, § 8372; T.C.A. (orig. ed.), § 30-907.
If the surveyor is connected with any of the parties interested, either by affinity or consanguinity, the court shall appoint some competent surveyor, other than the surveyor's deputy, in the surveyor's place.
Code 1858, § 2412 (deriv. Acts 1849-1850, ch. 77, § 2); Shan., § 4155; mod. Code 1932, § 8372; T.C.A. (orig. ed.), § 30-907.
Tenn. Code Ann. § 30-2-305 — TN Code / Title 30 / Chapter 2 / Section 30-2-305
Debts chargeable against all assets
Status: in_force

Every debtor's property, except such as may be specially exempt by law, is assets for the satisfaction of all the debtor's just debts. Code 1858, § 2252 (deriv. 5 Geo. II, ch. 7, § 4); Shan., § 3985; Code 1932, § 8197; T.C.A. (orig. ed.), § 30-508.
Every debtor's property, except such as may be specially exempt by law, is assets for the satisfaction of all the debtor's just debts.
Code 1858, § 2252 (deriv. 5 Geo. II, ch. 7, § 4); Shan., § 3985; Code 1932, § 8197; T.C.A. (orig. ed.), § 30-508.
Tenn. Code Ann. § 30-2-308 — TN Code / Title 30 / Chapter 2 / Section 30-2-308
Triplicate copies of pleadings as claims
Status: in_force

Triplicate copies of the first pleading filed in original actions against a personal representative shall be filed with the clerk of the court where the administration originated, to be noted by the clerk in the record of claims as are other claims filed. Acts 1939, ch. 175, § 6; C. Supp. 1950, § 8196.7 (Williams, § 8196.6); T.C.A. (orig. ed.), § 30-511; Acts 1985, ch. 140, § 14.
Triplicate copies of the first pleading filed in original actions against a personal representative shall be filed with the clerk of the court where the administration originated, to be noted by the clerk in the record of claims as are other claims filed.
Acts 1939, ch. 175, § 6; C. Supp. 1950, § 8196.7 (Williams, § 8196.6); T.C.A. (orig. ed.), § 30-511; Acts 1985, ch. 140, § 14.
Tenn. Code Ann. § 30-2-502 — TN Code / Title 30 / Chapter 2 / Section 30-2-502
Premature suit - Abatement - Judgment voidable
Status: in_force

(a) To all suits instituted within three (3) months after issuance of letters, the administrator or executor shall plead the prematurity of the action in abatement, or, in default thereof, shall be held liable as for a devastavit, if the estate proves insolvent. (b) A judgment by confession or by default within the period of three (3) months against an administrator or executor, shall be deemed as to the estate voidable. Code 1858, §§ 2275, 2276 (deriv. Acts 1831, ch. 23, § 2); Shan., §§ 4008, 4009; mod. Code 1932, §§ 8221, 8222; modified; C. Supp. 1950, § 8221; Acts 1971, ch. 230, §§ 2, 3; T.C.A. (orig. ed.), §§ 30-1002, 30-1003.
(a) To all suits instituted within three (3) months after issuance of letters, the administrator or executor shall plead the prematurity of the action in abatement, or, in default thereof, shall be held liable as for a devastavit, if the estate proves insolvent.
(b) A judgment by confession or by default within the period of three (3) months against an administrator or executor, shall be deemed as to the estate voidable.
Code 1858, §§ 2275, 2276 (deriv. Acts 1831, ch. 23, § 2); Shan., §§ 4008, 4009; mod. Code 1932, §§ 8221, 8222; modified; C. Supp. 1950, § 8221; Acts 1971, ch. 230, §§ 2, 3; T.C.A. (orig. ed.), §§ 30-1002, 30-1003.
Tenn. Code Ann. § 30-2-714 — TN Code / Title 30 / Chapter 2 / Section 30-2-714
Recovery of assets after close of estate
Status: in_force

(a) When all the debts of any deceased person are paid in full, and the administrator or executor of the deceased persons has resigned, or is dead, and there is no person representing the deceased person as administrator or executor, and there are claims due the estate of the decedent, that, from insolvency or other cause, were not collected by the administrator or executor of the decedent, then, the next of kin of the deceased persons may sue for, receive, and collect those claims in their own names; provided, however, that the claims so received shall be distributed in accordance with the statutes of descent and distribution, if the person left no will, but in the event the person left a last will and testament, then in accordance with the will. (b) If the claims, or any of them, were reduced to judgment in the lifetime of the decedent, or by the decedent's administrator or executor, then the judgment may be revived by scire facias in the name of the next of kin of the decedent, to enable the next of kin to enforce collection of the judgment. Acts 1859-1860, ch. 58, §§ 1, 2; Shan., §§ 4062, 4063; Code 1932, §§ 8345, 8346; T.C.A. (orig. ed.), §§ 30-1401, 30-1402.
(a) When all the debts of any deceased person are paid in full, and the administrator or executor of the deceased persons has resigned, or is dead, and there is no person representing the deceased person as administrator or executor, and there are claims due the estate of the decedent, that, from insolvency or other cause, were not collected by the administrator or executor of the decedent, then, the next of kin of the deceased persons may sue for, receive, and collect those claims in their own names; provided, however, that the claims so received shall be distributed in accordance with the statutes of descent and distribution, if the person left no will, but in the event the person left a last will and testament, then in accordance with the will.
(b) If the claims, or any of them, were reduced to judgment in the lifetime of the decedent, or by the decedent's administrator or executor, then the judgment may be revived by scire facias in the name of the next of kin of the decedent, to enable the next of kin to enforce collection of the judgment.
Acts 1859-1860, ch. 58, §§ 1, 2; Shan., §§ 4062, 4063; Code 1932, §§ 8345, 8346; T.C.A. (orig. ed.), §§ 30-1401, 30-1402.
Tenn. Code Ann. § 30-2-405 — TN Code / Title 30 / Chapter 2 / Section 30-2-405
Procedure under Sections 30-2-403 and 30-2-404
Status: in_force

Suits prosecuted under §§ 30-2-403 and 30-2-404 shall be conducted as other suits in equity. Code 1858, § 2269 (Acts 1827, ch. 54, § 5; 1831, ch. 22, § 2); Shan., § 4002; Code 1932, § 8215; T.C.A. (orig. ed.), § 30-605.
Suits prosecuted under §§ 30-2-403 and 30-2-404 shall be conducted as other suits in equity.
Code 1858, § 2269 (Acts 1827, ch. 54, § 5; 1831, ch. 22, § 2); Shan., § 4002; Code 1932, § 8215; T.C.A. (orig. ed.), § 30-605.
Tenn. Code Ann. § 30-1-105 — TN Code / Title 30 / Chapter 1 / Section 30-1-105
Recording of letters - Validity of certified copy
Status: in_force

All letters testamentary and of administration, when granted by the probate court, shall be recorded in that court, and a certified copy of the record shall be of the same validity as the original letters granted. Code 1858, § 2206 (deriv. Acts 1837-1838, ch. 125, § 7); Shan., § 3938; mod. Code 1932, § 8150; T.C.A. (orig. ed.), § 30-108.
All letters testamentary and of administration, when granted by the probate court, shall be recorded in that court, and a certified copy of the record shall be of the same validity as the original letters granted.
Code 1858, § 2206 (deriv. Acts 1837-1838, ch. 125, § 7); Shan., § 3938; mod. Code 1932, § 8150; T.C.A. (orig. ed.), § 30-108.
Tenn. Code Ann. § 30-1-109 — TN Code / Title 30 / Chapter 1 / Section 30-1-109
Administrator ad litem
Status: in_force

(a) In all proceedings in the probate or chancery courts, or any other court having chancery jurisdiction, where the estate of a deceased person must be represented, and there is no executor or administrator of the estate, or the executor or administrator of the estate is interested adversely to the estate, it shall be the duty of the judge or chancellor of the court, in which the proceeding is had, to appoint an administrator ad litem of the estate for the particular proceeding, and without requiring a bond of the administrator ad litem, except in a case where it becomes necessary for the administrator ad litem to take control and custody of property or assets of the intestate's estate, when the administrator ad litem shall execute a bond, with good security, as other administrators are required to give, in such amounts as the chancellor or judge may order, before taking control and custody of the property or assets. (b) This appointment shall be made whenever the facts rendering it necessary appear in the record of such a case, or shall be made known to the court by the affidavit of any person interested in the case; and, in such proceedings in the chancery court, the chancellor at chambers or clerk and master of the court on a rule day shall have authority to make an appointment in vacation. Acts 1889, ch. 137, § 1; Shan., § 3954; mod. Code 1932, § 8166; T.C.A. (orig. ed.), § 30-312.
(a) In all proceedings in the probate or chancery courts, or any other court having chancery jurisdiction, where the estate of a deceased person must be represented, and there is no executor or administrator of the estate, or the executor or administrator of the estate is interested adversely to the estate, it shall be the duty of the judge or chancellor of the court, in which the proceeding is had, to appoint an administrator ad litem of the estate for the particular proceeding, and without requiring a bond of the administrator ad litem, except in a case where it becomes necessary for the administrator ad litem to take control and custody of property or assets of the intestate's estate, when the administrator ad litem shall execute a bond, with good security, as other administrators are required to give, in such amounts as the chancellor or judge may order, before taking control and custody of the property or assets.
(b) This appointment shall be made whenever the facts rendering it necessary appear in the record of such a case, or shall be made known to the court by the affidavit of any person interested in the case; and, in such proceedings in the chancery court, the chancellor at chambers or clerk and master of the court on a rule day shall have authority to make an appointment in vacation.
Acts 1889, ch. 137, § 1; Shan., § 3954; mod. Code 1932, § 8166; T.C.A. (orig. ed.), § 30-312.
Tenn. Code Ann. § 30-1-305 — TN Code / Title 30 / Chapter 1 / Section 30-1-305
Appointment of administrator
Status: in_force

Upon the filing of the bill, the court in term, or chancellor or judge in vacation, at chambers, shall appoint an administrator of the estate, upon such terms as the court, chancellor or judge may think best. Code 1858, § 2213 (deriv. Acts 1841-1842, ch. 177, § 1); Shan., § 3947; Code 1932, § 8159; T.C.A. (orig. ed.), § 30-305.
Upon the filing of the bill, the court in term, or chancellor or judge in vacation, at chambers, shall appoint an administrator of the estate, upon such terms as the court, chancellor or judge may think best.
Code 1858, § 2213 (deriv. Acts 1841-1842, ch. 177, § 1); Shan., § 3947; Code 1932, § 8159; T.C.A. (orig. ed.), § 30-305.
Tenn. Code Ann. § 30-1-115 — TN Code / Title 30 / Chapter 1 / Section 30-1-115
Administrator with will annexed - Powers and authority
Status: in_force

An administrator with the will annexed, appointed instead of an executor resigned, and all administrators with the will annexed, shall have the same power and authority as the executor had by the will of the testator, and may sell land, if the executor possessed that power. Code 1858, § 2240 (deriv. Acts 1851-1852, ch. 141, § 4); Shan., § 3976; Code 1932, § 8188; T.C.A. (orig. ed.), § 30-118.
An administrator with the will annexed, appointed instead of an executor resigned, and all administrators with the will annexed, shall have the same power and authority as the executor had by the will of the testator, and may sell land, if the executor possessed that power.
Code 1858, § 2240 (deriv. Acts 1851-1852, ch. 141, § 4); Shan., § 3976; Code 1932, § 8188; T.C.A. (orig. ed.), § 30-118.
Tenn. Code Ann. § 30-2-413 — TN Code / Title 30 / Chapter 2 / Section 30-2-413
Plea of sufficient assets, waste, or concealment - Trial of collateral issue - Execution
Status: in_force

(a) To this writ the heirs or devisees may plead that the executors or administrators have sufficient assets, or that they have wasted or concealed the assets, upon which plea the court shall order the trial of a collateral issue between the personal representative and the heirs or devisees. (b) If this issue be found against the representative, the original plaintiff or complainant shall have execution not only against the goods and chattels of the deceased debtor, but also against the proper goods and chattels, lands and tenements of the representative. Code 1858, §§ 2262, 2263 (deriv. Acts 1784 (Oct.), ch. 11, § 5); Shan., §§ 3995, 3996; Code 1932, §§ 8207, 8208; T.C.A. (orig. ed.), §§ 30-615, 30-616.
(a) To this writ the heirs or devisees may plead that the executors or administrators have sufficient assets, or that they have wasted or concealed the assets, upon which plea the court shall order the trial of a collateral issue between the personal representative and the heirs or devisees.
(b) If this issue be found against the representative, the original plaintiff or complainant shall have execution not only against the goods and chattels of the deceased debtor, but also against the proper goods and chattels, lands and tenements of the representative.
Code 1858, §§ 2262, 2263 (deriv. Acts 1784 (Oct.), ch. 11, § 5); Shan., §§ 3995, 3996; Code 1932, §§ 8207, 8208; T.C.A. (orig. ed.), §§ 30-615, 30-616.
Tenn. Code Ann. § 30-2-404 — TN Code / Title 30 / Chapter 2 / Section 30-2-404
Proof of exhaustion of personalty
Status: in_force

Before making a decree for the sale of lands, it shall be made to appear to the satisfaction of the court that the personal estate has been exhausted in the payment of bona fide debts, and that the debts or demands for which the sale is sought are justly due and owing either to creditors or to the personal representative for advances out of the personal representative's own means to pay just demands against the estate. Code 1858, § 2268 (deriv. Acts 1827, ch. 54, § 4; 1831, ch. 22, § 1); Shan., § 4001; Code 1932, § 8214; T.C.A. (orig. ed.), § 30-604.
Before making a decree for the sale of lands, it shall be made to appear to the satisfaction of the court that the personal estate has been exhausted in the payment of bona fide debts, and that the debts or demands for which the sale is sought are justly due and owing either to creditors or to the personal representative for advances out of the personal representative's own means to pay just demands against the estate.
Code 1858, § 2268 (deriv. Acts 1827, ch. 54, § 4; 1831, ch. 22, § 1); Shan., § 4001; Code 1932, § 8214; T.C.A. (orig. ed.), § 30-604.
Tenn. Code Ann. § 30-1-107 — TN Code / Title 30 / Chapter 1 / Section 30-1-107
Appeal from grant of letters
Status: in_force

(a) Any person who claims a right to execute a will, or to administer on the estate of an intestate, and who thinks that person to be injured by an order of the court awarding letters testamentary or of administration, may appeal to the appropriate court in accordance with § 30-2-609 , on giving bond as in other cases of appeal. (b) After the appropriate court has heard such appeal and a determination is made, the judgment shall be certified to the probate court, that it may proceed in the case accordingly. Code 1858, §§ 2207, 2208 (deriv. Acts 1794, ch. 1, § 48); Shan., §§ 3940, 3941; Code 1932, §§ 8152, 8153; T.C.A. (orig. ed.), §§ 30-110, 30-111; Acts 1988, ch. 854, § 3.
(a) Any person who claims a right to execute a will, or to administer on the estate of an intestate, and who thinks that person to be injured by an order of the court awarding letters testamentary or of administration, may appeal to the appropriate court in accordance with § 30-2-609 , on giving bond as in other cases of appeal.
(b) After the appropriate court has heard such appeal and a determination is made, the judgment shall be certified to the probate court, that it may proceed in the case accordingly.
Code 1858, §§ 2207, 2208 (deriv. Acts 1794, ch. 1, § 48); Shan., §§ 3940, 3941; Code 1932, §§ 8152, 8153; T.C.A. (orig. ed.), §§ 30-110, 30-111; Acts 1988, ch. 854, § 3.
Tenn. Code Ann. § 30-5-105 — TN Code / Title 30 / Chapter 5 / Section 30-5-105
Clerk's report - Exceptions
Status: in_force

(a) Within ten (10) days of a hearing required under § 30-5-104 , the clerk shall file a report to the court setting forth the clerk's findings. (b) If no exceptions are filed with the clerk, the clerk's report shall become the judgment of the court. (c) (1) If an exception to the report is filed, the matter shall be determined by the court. (2) Upon final determination of an objection to a plan of distribution, distribution shall be made and the estate closed. Code 1858, § 2355 (deriv. Acts 1851-1852, ch. 283, § 18); Shan., § 4095; mod. Code 1932, § 8291; impl. am. Acts 1951, ch. 166, § 1(37); modified; T.C.A. (orig. ed.), § 30-705; Acts 1989, ch. 516, § 5.
(a) Within ten (10) days of a hearing required under § 30-5-104 , the clerk shall file a report to the court setting forth the clerk's findings.
(b) If no exceptions are filed with the clerk, the clerk's report shall become the judgment of the court.
(c) (1) If an exception to the report is filed, the matter shall be determined by the court. (2) Upon final determination of an objection to a plan of distribution, distribution shall be made and the estate closed.
(1) If an exception to the report is filed, the matter shall be determined by the court.
(2) Upon final determination of an objection to a plan of distribution, distribution shall be made and the estate closed.
Code 1858, § 2355 (deriv. Acts 1851-1852, ch. 283, § 18); Shan., § 4095; mod. Code 1932, § 8291; impl. am. Acts 1951, ch. 166, § 1(37); modified; T.C.A. (orig. ed.), § 30-705; Acts 1989, ch. 516, § 5.
Tenn. Code Ann. § 30-2-309 — TN Code / Title 30 / Chapter 2 / Section 30-2-309
Statute of limitations arrested by filing claim
Status: in_force

The filing of claims within the time and in the manner provided in §§ 30-2-307 and 30-2-308 shall operate to arrest any statute of limitations applicable to the claims. Acts 1939, ch. 175, § 2; C. Supp. 1950, § 8196.2; T.C.A. (orig. ed.), § 30-512.
The filing of claims within the time and in the manner provided in §§ 30-2-307 and 30-2-308 shall operate to arrest any statute of limitations applicable to the claims.
Acts 1939, ch. 175, § 2; C. Supp. 1950, § 8196.2; T.C.A. (orig. ed.), § 30-512.
Tenn. Code Ann. § 30-2-710 — TN Code / Title 30 / Chapter 2 / Section 30-2-710
Application to compel payment of distributive share or legacy
Status: in_force

(a) Any distributee or legatee of the estate may, after the expiration of eighteen (18) months from the grant of letters, apply to the probate or chancery court of the county in which administration was taken out, to compel the payment of the distributee's or legatee's distributive share or legacy. (b) The application shall be by petition or bill, shall set forth the claim of the applicant as legatee or distributee, shall allege that the assets of the estate are more than sufficient to pay the debts, charges, and other claims, if any, entitled to priority, and be verified, by affidavit. (c) The proceedings under the application shall be conducted as other equitable actions, and heard and determined summarily as soon as practicable. Code 1858, §§ 2312-2314 (deriv. Acts 1723, ch. 10, § 4; 1762, ch. 5, §§ 23, 26); Shan., §§ 4048-4050; Code 1932, §§ 8347-8349; T.C.A. (orig. ed.), §§ 30-1313 -- 30-1315.
(a) Any distributee or legatee of the estate may, after the expiration of eighteen (18) months from the grant of letters, apply to the probate or chancery court of the county in which administration was taken out, to compel the payment of the distributee's or legatee's distributive share or legacy.
(b) The application shall be by petition or bill, shall set forth the claim of the applicant as legatee or distributee, shall allege that the assets of the estate are more than sufficient to pay the debts, charges, and other claims, if any, entitled to priority, and be verified, by affidavit.
(c) The proceedings under the application shall be conducted as other equitable actions, and heard and determined summarily as soon as practicable.
Code 1858, §§ 2312-2314 (deriv. Acts 1723, ch. 10, § 4; 1762, ch. 5, §§ 23, 26); Shan., §§ 4048-4050; Code 1932, §§ 8347-8349; T.C.A. (orig. ed.), §§ 30-1313 -- 30-1315.
Tenn. Code Ann. § 30-2-320 — TN Code / Title 30 / Chapter 2 / Section 30-2-320
Pending actions considered legally filed demands - Manner of revival
Status: in_force

All actions pending against any person at the time of that person's death, that by law may survive against the personal representative, shall be considered demands legally filed against the estate at the time of the filing with the clerk of the court in which the estate is being administered of a copy in duplicate of the order of revivor, one (1) of which copies shall be certified or attested, a notation of which shall be entered by the clerk in the record of claims, as in the case of other claims filed. Pending actions not so revived against the personal representative within the period prescribed in § 30-2-307(a) shall abate. Acts 1939, ch. 175, § 5; 1947, ch. 137, § 1; C. Supp. 1950, § 8196.6 (Williams, § 8196.5); Acts 1971, ch. 229, § 7; T.C.A. (orig. ed.), § 30-524; Acts 1989, ch. 395, § 8.
All actions pending against any person at the time of that person's death, that by law may survive against the personal representative, shall be considered demands legally filed against the estate at the time of the filing with the clerk of the court in which the estate is being administered of a copy in duplicate of the order of revivor, one (1) of which copies shall be certified or attested, a notation of which shall be entered by the clerk in the record of claims, as in the case of other claims filed. Pending actions not so revived against the personal representative within the period prescribed in § 30-2-307(a) shall abate.
Acts 1939, ch. 175, § 5; 1947, ch. 137, § 1; C. Supp. 1950, § 8196.6 (Williams, § 8196.5); Acts 1971, ch. 229, § 7; T.C.A. (orig. ed.), § 30-524; Acts 1989, ch. 395, § 8.
Tenn. Code Ann. § 30-1-106 — TN Code / Title 30 / Chapter 1 / Section 30-1-106
Preference in granting of letters
Status: in_force

When any person dies intestate in this state, administration shall be granted to the spouse of that person, if the spouse makes application for administration. For want of application for administration upon the part of the spouse, the administration shall be granted to the next of kin, if such next of kin apply for it. If neither the spouse nor next of kin make application for administration, then administration shall be granted to a creditor proving the decedent's debt on oath before the probate court; provided, that when there is more than one next of kin, the probate court may decide which of the kin shall be entitled to the administration. Acts 1859-1860, ch. 36, § 1; Shan., § 3939; Code 1932, § 8151; T.C.A. (orig. ed.), § 30-109; Acts 2002, ch. 735, § 2.
When any person dies intestate in this state, administration shall be granted to the spouse of that person, if the spouse makes application for administration. For want of application for administration upon the part of the spouse, the administration shall be granted to the next of kin, if such next of kin apply for it. If neither the spouse nor next of kin make application for administration, then administration shall be granted to a creditor proving the decedent's debt on oath before the probate court; provided, that when there is more than one next of kin, the probate court may decide which of the kin shall be entitled to the administration.
Acts 1859-1860, ch. 36, § 1; Shan., § 3939; Code 1932, § 8151; T.C.A. (orig. ed.), § 30-109; Acts 2002, ch. 735, § 2.