reglab/housing_qa huggingface dataset:
TN Code § 30-2-321 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 3 - Inventory and Management|§ 30-2-321. Computation of Time

 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.
TN Code § 30-2-322 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 3 - Inventory and Management|§ 30-2-322. Continuance of Decedent's Business

   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.   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.   The court, for cause shown, and upon such notice as it considers reasonable, may extend this authority beyond nine (9) months.     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.
TN Code § 30-2-323 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 3 - Inventory and Management|§ 30-2-323. Advances for Property Maintenance Expenses

 Unless contrary to the decedent's will, the personal representative of the estate is authorized, but not required, to advance or to pay as an expense of administration for a period of up to four (4) months after the decedent's death the reasonable costs of routine upkeep of any real property passing under the will of the decedent or by intestate succession. These authorized expenditures, which may be made in the personal representative's discretion, shall include those for utility services, day-to-day maintenance, lawn service, and insurance premiums but shall not include mortgage note payments, real estate taxes, major repairs or other extraordinary expenses. None of the foregoing limitations shall apply to any real property that is actually part of the probate estate being administered.
TN Code § 30-2-324 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 3 - Inventory and Management|§ 30-2-324. Dismissing Probate Case Without Prejudice After Notice

  After notice has been sent to the last known address of the personal representative of the estate, the attorney for the estate and any beneficiaries of the estate, the court may enter an order, without liability to the clerk of the county of administration, dismissing, without prejudice, a probate case if:  No order of disposition has been entered;   The case has been open for a period of time in which disposition could have occurred, but in no event less than eighteen (18) months from the order opening the estate; and   The administration of the estate remains incomplete.     A dismissal pursuant to this section shall only operate to close the administration and not invalidate any previous order of the court in the proceeding.
TN Code § 30-2-401 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 4 - Sale of Land to Pay Debts|§ 30-2-401. Jurisdiction to Sell Realty — Procedure

 The probate court shall have concurrent jurisdiction with the chancery and circuit courts to sell real estate of decedents and for distribution or partition, and the mode of procedure in such a case in the probate court shall conform in every respect to the rules and regulations laid down for the conduct of similar causes in the chancery and circuit courts.
TN Code § 30-2-402 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 4 - Sale of Land to Pay Debts|§ 30-2-402. Petition in Court of Administration for Sale of Realty — Procedure

  If the personal property available appears to be insufficient to pay debts and expenses, the personal representative, or a creditor whose claim is duly filed, may, at any time, file a petition in the court in which the estate is being administered, for the sale of the decedent's land, or so much of the land as may be necessary, regardless of the county in which the land lies; provided, if all of the land to be sold lies outside of the county of administration, the sale shall be held in the county in which such land lies upon such notice as may be prescribed by the court and the clerk shall file for record in the office of the register of deeds in the county where the land lies a certified copy of the decree confirming the sale or deed thereto and charge the expenses of sale and cost of recording as a part of the costs of the cause.    The surviving spouse, heirs, devisees, encumbrancers, and others interested in the realty, excepting creditors, shall be impleaded.   No preliminary formal suggestions of insolvency need be made, nor advertisement for creditors other than that already made under the requirements of § 30-2-306.   Nothing in the proceeding nor in any decree made in the proceeding, shall change the manner or affect the time for filing claims as provided in § 30-2-307.   Hearings may be upon oral testimony.   The court shall have the same powers as a court of chancery in like cases, and the mode of procedure, except as modified in this section, shall follow that prescribed for the conduct of such causes in chancery.     If, upon the hearing, the court is satisfied that the personal estate is insufficient as mentioned in subsection (a), and that the land ought to be sold, it may decree the sale of the land in whole or in part, subject to subsequent confirmation by the court. The court is also empowered, in a like proceeding, to ratify contracts of private sale and to authorize the consummation of the contracts by the personal representative. Every deed made pursuant to such orders of court, whether issued as the result of a public or a private sale, and every decree of court divesting and vesting title shall be effective to divest all the right, title and interest, legal and equitable, in the property sold, and vest the title and interest in the purchaser.   The heir or devisee whose land shall be sold has the privilege, either in this cause or by subsequent application, to compel all others holding or claiming under the decedent to contribute in proportion to their respective interests for the purpose of equalizing the burden of the loss.   Nothing in subsections (a)-(d) shall be construed as divesting the jurisdiction or powers now possessed by the chancery court in respect of the administration of insolvent estates of decedents.
TN Code § 30-2-403 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 4 - Sale of Land to Pay Debts|§ 30-2-403. Petition in Equity for Sale of Realty by Chancery, Circuit, or Probate Court in County Where Land Lies

  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.   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.
TN Code § 30-2-404 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 4 - Sale of Land to Pay Debts|§ 30-2-404. Proof of Exhaustion of Personalty

 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.
TN Code § 30-2-405 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 4 - Sale of Land to Pay Debts|§ 30-2-405. Procedure Under §§ 30-2-403 and 30-2-404

 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.
TN Code § 30-2-406 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 4 - Sale of Land to Pay Debts|§ 30-2-406. Complaint in Equity by Creditor Serving as Administrator

  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.   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.
TN Code § 30-2-407 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 4 - Sale of Land to Pay Debts|§ 30-2-407. Execution Against Property in Heir's Hands

 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.
TN Code § 30-2-408 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 4 - Sale of Land to Pay Debts|§ 30-2-408. Claims Against Alienated Property

  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.   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.   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.   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.
TN Code § 30-2-409 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 4 - Sale of Land to Pay Debts|§ 30-2-409. Proceeding by Scire Facias When Debt Sued on Prior to Deceased's Death

  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.   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.
TN Code § 30-2-410 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 4 - Sale of Land to Pay Debts|§ 30-2-410. Proceeding by Scire Facias When Personalty Exhausted or Insufficient

 Where, in a suit against an executor or administrator, the plea of “fully administered,” “no assets,” or “not sufficient assets to satisfy the plaintiff's demand,” is found in favor of an executor or administrator, the plaintiff may proceed to ascertainment of the plaintiff's demand, and entry of judgment; but before taking out execution against the real estate of the deceased debtor, the heirs or devisees of the deceased debtor shall be summoned by scire facias to show cause why execution should not be issued against the real estate for the amount of the judgment, or so much of it as there may not be personal assets to discharge.   Code 1858, §§ 2258, 2259 (deriv. Acts 1784 (Oct.), ch. 11, § 2); Shan., §§ 3991, 3992; Code 1932, §§ 8203, 8204; modified; T.C.A. (orig. ed.), § 30-612.
TN Code § 30-2-411 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 4 - Sale of Land to Pay Debts|§ 30-2-411. Service of Scire Facias

 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.
TN Code § 30-2-412 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 4 - Sale of Land to Pay Debts|§ 30-2-412. Judgment Without Appearance

 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.
TN Code § 30-2-413 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 4 - Sale of Land to Pay Debts|§ 30-2-413. Plea of Sufficient Assets, Waste, or Concealment — Trial of Collateral Issue — Execution

  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.   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.
TN Code § 30-2-414 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 4 - Sale of Land to Pay Debts|§ 30-2-414. Execution Issuing Against Realty

 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.
TN Code § 30-2-415 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 4 - Sale of Land to Pay Debts|§ 30-2-415. Contribution Among Devisees or Heirs

 If upon a judgment or decree pursuant to § 30-2-414, a devisee or heir is evicted from the real estate devised or descended to the devisee or heir, the devisee or heir may bring an action at law or suit in equity against the other devisee or devisees, heir or heirs, for the evicted devisee or heir's proportion of the value of the land sold, suggesting in the declaration or bill of complaint the value of the several devises or descents, and the recovery against the other devisee or devisees, heir or heirs, shall be in proportion to the value of all the devises or inheritances proved on the trial, without regard to the sum for which the estate of which the devisee or heir was evicted was sold.   Code 1858, § 2265 (deriv. Acts 1784 (Oct.), ch. 11, § 6); Shan., § 3998; mod. Code 1932, § 8210; T.C.A. (orig. ed.), § 30-618.
TN Code § 30-2-416 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 4 - Sale of Land to Pay Debts|§ 30-2-416. Purchaser's Remedy When Satisfaction of Judgment and Sale Is Set Aside at Instance of Heirs

 In all cases in which the heirs, or devisees, of a deceased person, whose real estate has been sold for the satisfaction of the deceased's debts, by virtue of proceedings under §§ 30-2-409 — 30-2-415, institute suit for the recovery of the real estate against the purchaser, in consequence of failure to serve the scire facias personally on the minor heirs, the court rendering the judgment, upon the application of the purchaser, shall set aside the satisfaction of the original judgment or execution, and thereupon the original judgment shall be revived, and may be enforced by the purchaser against the real estate in the same way as the original judgment could have been enforced by the original creditor.   Code 1858, § 2266 (deriv. Acts 1849-1850, ch. 119); Shan., § 3999; Code 1932, § 8212; T.C.A. (orig. ed.), § 30-619.
TN Code § 30-2-417 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 4 - Sale of Land to Pay Debts|§ 30-2-417. Restitution From Assets Afterwards Discovered Where Real Property Subjected to Payment of Debts

 Where real property has been subjected to the payment of decedent's debts, and assets that should have been applied to the debts are afterwards discovered, or, for any reason, personal property of decedent, that should have been so applied afterwards comes to the hands of the personal representative, legatee or next of kin, the heir, devisee, or other person aggrieved, may maintain an action to procure reimbursement therefrom.   Code 1932, § 8211; T.C.A. (orig. ed.), § 30-620.
TN Code § 30-2-418 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 4 - Sale of Land to Pay Debts|§ 30-2-418. Court-Ordered Sale of Real Estate — Notice — Hearing

  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.   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.   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.   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.