reglab/housing_qa huggingface dataset:
TN Code § 30-2-706 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 7 - Distribution|§ 30-2-706. Scire Facias Against Obligors in Refunding Bond — Execution

  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 defendent, 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.   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.
TN Code § 30-2-707 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 7 - Distribution|§ 30-2-707. Receipt for Legacy or Share

 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.   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; 2017, ch. 280, § 7.
TN Code § 30-2-710 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 7 - Distribution|§ 30-2-710. Application to Compel Payment of Distributive Share or Legacy

  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.   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.   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.
TN Code § 30-2-711 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 7 - Distribution|§ 30-2-711. Affidavit of Pedigree

 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.
TN Code § 30-2-713 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 7 - Distribution|§ 30-2-713. Satisfaction of Pecuniary Bequests, Devises or Transfers by Distribution in Kind — Agreements With Beneficiaries and Governmental Authorities

  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.   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.   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.
TN Code § 30-2-714 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 2 - Management, Settlement and Distribution|Part 7 - Distribution|§ 30-2-714. Recovery of Assets After Close of Estate

  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.   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.
TN Code § 30-3-101 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 3 - Absentees' Estates|Part 1 - Uniform Law|§ 30-3-101. Short Title

 This part shall be known and may be cited as the “Uniform Absence as Evidence of Death and Absentees' Property Law.”
TN Code § 30-3-102 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 3 - Absentees' Estates|Part 1 - Uniform Law|§ 30-3-102. Presumption of Death From Mere Absence — Exposure to Specific Peril Considered — Distribution of Funds of Absentee

  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.   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.   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.
TN Code § 30-3-103 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 3 - Absentees' Estates|Part 1 - Uniform Law|§ 30-3-103. Provisions of Insurance Policies Relative to Proof of Absence or Death Declared Invalid — Statutory Period of Limitations

  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.    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.   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.
TN Code § 30-3-104 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 3 - Absentees' Estates|Part 1 - Uniform Law|§ 30-3-104. Receiver — Appointment — Powers

  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.   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:  To take possession of all property of the absentee wherever situated;   To collect all debts due the absentee;   To bring and defend suits;   To pay insurance premiums;   With the approval of the court in each case, to pay all debts due by the absentee; and   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.
TN Code § 30-3-105 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 3 - Absentees' Estates|Part 1 - Uniform Law|§ 30-3-105. Temporary Receiver

  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.   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.   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.
TN Code § 30-3-106 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 3 - Absentees' Estates|Part 1 - Uniform Law|§ 30-3-106. Notices

 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.
TN Code § 30-3-107 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 3 - Absentees' Estates|Part 1 - Uniform Law|§ 30-3-107. Search for Absentee Directed by Court

  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:  By inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the absentee's whereabouts;   By notifying officers of justice and public welfare agencies in appropriate locations of the absentee's disappearance; or   By engaging the services of an investigation agency.     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.
TN Code § 30-3-108 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 3 - Absentees' Estates|Part 1 - Uniform Law|§ 30-3-108. Final Hearing and Finding

  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).   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.   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.
TN Code § 30-3-109 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 3 - Absentees' Estates|Part 1 - Uniform Law|§ 30-3-109. Claim of Absentee Barred by Judgment

 No action shall be brought by an absentee to recover any portion of the absentee's property after the final finding and judgment provided for in § 30-3-108.
TN Code § 30-3-110 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 3 - Absentees' Estates|Part 1 - Uniform Law|§ 30-3-110. Termination of Receivership

 Upon the entry of any final finding and decree as provided in § 30-3-108, the court shall proceed to wind up the receivership and terminate the proceedings:   In the case of a finding under subsections (a) or (c) of § 30-3-108, that the absentee is dead:  By satisfying all outstanding debts and charges of the receivership; and   By then certifying the proceedings to the probate court; or     In the case of a finding under § 30-3-108(b):  By satisfying all outstanding debts and charges;   By then deducting for the insurance fund provided in § 30-3-113, a sum equal to twenty-five percent (25%) of the total value of the property remaining, including amounts paid to the receivership estate from policies of insurance on the absentee's life; and   By distributing the remaining property as provided in § 30-3-111; and     In both cases by requiring the receiver's account and upon its approval discharging the receiver and the receiver's bondsmen and entering a final decree terminating the receivership.
TN Code § 30-3-111 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 3 - Absentees' Estates|Part 1 - Uniform Law|§ 30-3-111. Distribution of Property

 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.
TN Code § 30-3-112 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 3 - Absentees' Estates|Part 1 - Uniform Law|§ 30-3-112. Insurance Proceeds

  At the time of the distribution under § 30-3-111, the court may direct the payment to the beneficiaries of any sums due and unpaid under any policies of insurance upon the life of the absentee, if the claim is uncontested by the insurer.   If the claim is contested the court shall take jurisdiction of the action and shall submit to a jury, if one be called for, the issue of death of the insured and any other issues arising under the policy.   Where the survival of a named beneficiary is not established this part shall apply as if the proceeds of the insurance were a part of the estate of the absentee.   If in any proceeding under subsections (a) and (b) the absentee is not found to be deceased and the policy provides for a surrender value, the beneficiary may request the receiver, acting for the insured, to demand the payment of surrender value. The receiver's receipt for such payment shall be a release to the insurer of all claims under the policy. The receiver shall pay over to the beneficiary (if surviving the insured, otherwise to the estate of the absentee) the sum thus received, reserving only an amount allowed by the court as costs of the proceedings under this section.
TN Code § 30-3-113 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 3 - Absentees' Estates|Part 1 - Uniform Law|§ 30-3-113. Fund for Reimbursement of Appearing Absentees

  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.   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.   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.
TN Code § 30-3-114 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 3 - Absentees' Estates|Part 1 - Uniform Law|§ 30-3-114. Construction and Application of Part

  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.   This part shall have no retroactive application to the time prior to February 15, 1941.
TN Code § 30-3-201 (2021)
2021 Tennessee Code|Title 30 - Administration of Estates|Chapter 3 - Absentees' Estates|Part 2 - Conservators|§ 30-3-201. “Absentee” Defined

 As used in this part unless the context otherwise requires, an “absentee” is:   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   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.