reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 3 - INVENTORY AND MANAGEMENT (§§ 30-2-301 — 30-2-324) › Section 30-2-319 - Time for payment of claims

All uncontested claims and all contested claims that have been finally adjudged and allowed shall be paid by the personal representative as soon as practicable (not in any event to exceed ninety (90) days) after the expiration of the date on which the personal representative could file an exception to the claim pursuant to §
30-2-314(a)
, if, after having segregated sufficient assets to meet the contingent liabilities referred to in §
30-2-317
, adequate assets are in the personal representative's hands for this purpose, payment being made according to the classification of the claims.
Acts 1939, ch. 175, § 4; 1941, ch. 62, § 1; 1947, ch. 137, § 4; C. Supp. 1950, § 8196.5 (Williams, § 8196.4); Acts 1971, ch. 229, § 6; T.C.A. (orig. ed.), § 30-523; Acts 1997, ch. 426, § 8; 2012, ch. 886, § 7.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 3 - INVENTORY AND MANAGEMENT (§§ 30-2-301 — 30-2-324) › Section 30-2-320 - Pending actions considered legally filed demands - Manner of revival

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.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 3 - INVENTORY AND MANAGEMENT (§§ 30-2-301 — 30-2-324) › Section 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
.
Acts 1939, ch. 175, § 9; C. Supp. 1950, § 8196.12 (Williams, § 8196.9); T.C.A. (orig. ed.), § 30-525.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 3 - INVENTORY AND MANAGEMENT (§§ 30-2-301 — 30-2-324) › Section 30-2-322 - Continuance of decedent's business

(a)
(1)
The probate court of the county of the decedent's residence at the time of decease, when not contrary to the decedent's will, if any, may authorize the personal representative to continue the business of the decedent upon such conditions as it may impose, for an original period not exceeding nine (9) months from the date of the executor's or administrator's appointment. This authority may be granted upon such notice as the court considers reasonable, or without prior notice, either at the time of the qualification of the personal representative, if the petition for appointment contains a prayer therefor, or thereafter during the period of administration.
(2)
If, prior to the granting of this authority, notice has not been given to all parties in interest, it shall be given within five (5) days thereafter, or within such extended time as the court, for cause shown shall allow, in a manner and for a period considered reasonable by the court.
(3)
The court, for cause shown, and upon such notice as it considers reasonable, may extend this authority beyond nine (9) months.
(b)
Any party in interest may, at any time, petition the court to revoke or modify an order granting authority to the personal representative to continue a decedent's business.
Acts 1955, ch. 138, §§ 1, 2; T.C.A., §§ 30-526, 30-527.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 3 - INVENTORY AND MANAGEMENT (§§ 30-2-301 — 30-2-324) › Section 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.
Acts 1997, ch. 426, § 9.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 3 - INVENTORY AND MANAGEMENT (§§ 30-2-301 — 30-2-324) › Section 30-2-324 - Dismissing probate case without prejudice after notice

(a)
After notice has been sent to the last known address of the personal representative of the estate, the attorney for the estate and any beneficiaries of the estate, the court may enter an order, without liability to the clerk of the county of administration, dismissing, without prejudice, a probate case if:
(1)
No order of disposition has been entered;
(2)
The case has been open for a period of time in which disposition could have occurred, but in no event less than eighteen (18) months from the order opening the estate; and
(3)
The administration of the estate remains incomplete.
(b)
A dismissal pursuant to this section shall only operate to close the administration and not invalidate any previous order of the court in the proceeding.
Acts 2011, ch. 417, § 2.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 4 - SALE OF LAND TO PAY DEBTS (§§ 30-2-401 — 30-2-418) › Section 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.
Acts 1873, ch. 64, §§ 1, 2; Shan., § 4067; Code 1932, § 8263; T.C.A. (orig. ed.), § 30-601.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 4 - SALE OF LAND TO PAY DEBTS (§§ 30-2-401 — 30-2-418) › Section 30-2-403 - Petition in equity for sale of realty by chancery, circuit, or probate court in county where land lies

(a)
Where an executor not authorized by will to sell and convey real estate, or an administrator, has exhausted the personal estate of the deceased in the payment of the deceased's debts, leaving just debts or demands against the deceased unpaid, or paid by the representative out of the representative's own means, and the deceased died seized and possessed of real estate, the chancery, circuit, or probate court of the county where the real estate or a portion of it lies, may, on the petition of the personal representative, or any bona fide creditor whose debt remains unpaid, decree the sale of those lands, or of such portions of the lands as may prove least injurious to the heirs and legal representatives, and as may be sufficient to satisfy the debts or demands set forth in the bill or petition, and shown to exist.
(b)
This proceeding may be had in any county where any portion of the land lies, and the court may decree a sale of any lands in any county.
Code 1858, §§ 2267, 2270 (deriv. Acts 1827, ch. 54, § 4; 1831, ch. 22, § 1); 1847-1848, ch. 170, § 1; Shan., §§ 4000, 4003; Code 1932, §§ 8213, 8216; T.C.A. (orig. ed.), §§ 30-603, 30-606.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 4 - SALE OF LAND TO PAY DEBTS (§§ 30-2-401 — 30-2-418) › Section 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.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 4 - SALE OF LAND TO PAY DEBTS (§§ 30-2-401 — 30-2-418) › Section 30-2-405 - Procedure under Sections 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.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 4 - SALE OF LAND TO PAY DEBTS (§§ 30-2-401 — 30-2-418) › Section 30-2-406 - Complaint in equity by creditor serving as administrator

(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.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 4 - SALE OF LAND TO PAY DEBTS (§§ 30-2-401 — 30-2-418) › Section 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.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 4 - SALE OF LAND TO PAY DEBTS (§§ 30-2-401 — 30-2-418) › Section 30-2-408 - Claims against alienated property

(a)
If an heir or devisee aliens the land before an action is brought or process sued out, the heir or devisee shall be answerable to any creditor of the decedent for the ancestor's debts to the value of the lands aliened.
(b)
Within six (6) months from the death of any person, a mortgagee or purchaser for value from the heir or devisee of the decedent shall take subject to the right of any creditor of decedent whose debt is otherwise unsatisfied to subject the realty to the payment of the decedent's debts, as in this title provided. If administration has been granted on the estate of the decedent during the period of six (6) months, the rights of creditors whose claims are ultimately established in the administration as valid obligations of the estate shall constitute liens on the realty of the decedent, which realty may be subjected to these liens in the hands of the heir or the heir's alienees as in this title provided.
(c)
After six (6) months have elapsed from the death of any person, and no personal representative has qualified to administer on the decedent's estate, a mortgagee or purchaser for value from the heir of the decedent shall take title free from the right of any nonlien creditor to subject the same to the payment of the decedent's debt, unless the mortgagee or purchaser takes with actual knowledge of the debt.
(d)
After six (6) months have elapsed from the death of any person, a mortgagee or purchaser for value from the heir of the decedent shall take free from the title, right, or claims of all persons claiming under any unprobated will of the decedent, unless the mortgagee or purchaser for value has actual knowledge of the existence of the unprobated will.
Code 1858, § 2256 (deriv. Acts 1789, ch. 39, § 3); Shan., § 3989; Code 1932, § 8201; Acts 1957, ch. 118, § 1; 1974, ch. 530, § 1; T.C.A. (orig. ed.), § 30-610.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 4 - SALE OF LAND TO PAY DEBTS (§§ 30-2-401 — 30-2-418) › Section 30-2-409 - Proceeding by scire facias when debt sued on prior to deceased's death

(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.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 4 - SALE OF LAND TO PAY DEBTS (§§ 30-2-401 — 30-2-418) › Section 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.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 4 - SALE OF LAND TO PAY DEBTS (§§ 30-2-401 — 30-2-418) › Section 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.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 4 - SALE OF LAND TO PAY DEBTS (§§ 30-2-401 — 30-2-418) › Section 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.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 4 - SALE OF LAND TO PAY DEBTS (§§ 30-2-401 — 30-2-418) › Section 30-2-413 - Plea of sufficient assets, waste, or concealment - Trial of collateral issue - Execution

(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.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 4 - SALE OF LAND TO PAY DEBTS (§§ 30-2-401 — 30-2-418) › Section 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.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 4 - SALE OF LAND TO PAY DEBTS (§§ 30-2-401 — 30-2-418) › Section 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.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 4 - SALE OF LAND TO PAY DEBTS (§§ 30-2-401 — 30-2-418) › Section 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.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 4 - SALE OF LAND TO PAY DEBTS (§§ 30-2-401 — 30-2-418) › Section 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.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 4 - SALE OF LAND TO PAY DEBTS (§§ 30-2-401 — 30-2-418) › Section 30-2-418 - Court-ordered sale of real estate - Notice - Hearing

(a)
In the case of a will that does not give the personal representative the power to sell real estate, and in intestate estates, when the personal estate is ascertained by the report of the clerk, and the confirmation of the report by the court, to be insufficient for the payment of the debts of the estate, administrative expenses, inheritance taxes and estate taxes, the court shall direct that the real estate, subject to sale, or so much of the real estate as is necessary, be sold for the payment of the debts, expenses and taxes.
(b)
The clerk shall notify the devisees or heirs, the surviving spouse and other interested parties that the court will conduct a hearing to determine the advisability of selling real estate and to authorize the sale.
(c)
The devisees or heirs, the surviving spouse and other interested parties shall be made parties to the proceedings but it shall not be necessary that all parties be before the court for an order to be made therein.
(d)
After notice to the parties and after considering the appraisal of one (1) qualified real estate appraiser as to the fair market value of the property, the court may order the sale of real estate. The sale may be by public or private means and upon such terms and conditions as the court may direct or approve.
Acts 1989, ch. 516, § 6; 1997, ch. 407, § 1; 1997, ch. 426, § 10.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 5 - SUITS AGAINST REPRESENTATIVES (§§ 30-2-501 — 30-2-507) › Section 30-2-501 - Time limitation for suit - State tax lien

(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.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 5 - SUITS AGAINST REPRESENTATIVES (§§ 30-2-501 — 30-2-507) › Section 30-2-502 - Premature suit - Abatement - Judgment voidable

(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.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 5 - SUITS AGAINST REPRESENTATIVES (§§ 30-2-501 — 30-2-507) › Section 30-2-503 - Revival of judgments against deceased

Judgments obtained against the deceased in the deceased's lifetime may be revived without delay.
Code 1858, § 2277 (deriv. Acts 1831, ch. 23, § 3); Shan., § 4010; Code 1932, § 8223; T.C.A. (orig. ed.), § 30-1004.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 5 - SUITS AGAINST REPRESENTATIVES (§§ 30-2-501 — 30-2-507) › Section 30-2-504 - Waste or misappropriation of assets by personal representative - Statute of limitation applicable

Nothing in part 3 of this chapter or §
30-2-501
shall be so construed as to exempt a personal representative from suit by either a creditor or a beneficiary for waste or misappropriation of the assets of the estate or other wrongful act in connection therewith, or to affect any existing statute of limitation applicable to such a suit, or to preclude the enforcement against the property affected by it of any subsisting lien that shall endure beyond the time fixed herein for filing claims.
Acts 1939, ch. 175, § 10; C. Supp. 1950, § 8196.13 (Williams, § 8196.10); T.C.A. (orig. ed.), § 30-1005.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 5 - SUITS AGAINST REPRESENTATIVES (§§ 30-2-501 — 30-2-507) › Section 30-2-505 - General sessions court's execution against representative - Return made to circuit court

If a general sessions court judge's execution against an executor or administrator be returned "no property to be found," the judge who rendered the judgment, or who holds the papers in the cause, shall, on suggestion and application of the plaintiff, the plaintiff's agent or attorney, return the papers to the next circuit court of the plaintiff's county.
Code 1858, § 2271 (deriv. Acts 1822, ch. 43, § 1); Shan., § 4004; Code 1932, § 8217; T.C.A. (orig. ed.), § 30-1006.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 5 - SUITS AGAINST REPRESENTATIVES (§§ 30-2-501 — 30-2-507) › Section 30-2-506 - Proceedings on general sessions court's execution

Upon the return of papers under §
30-2-505
, scire facias shall be issued, and all other proceedings had for the satisfaction of the judgment, either out of the goods and chattels, lands and tenements of the defendant, in case the executor or administrator has wasted the assets, or out of the real estate of the deceased.
Code 1858, § 2272 (deriv. Acts 1822, ch. 43, § 1); Shan., § 4005; Code 1932, § 8218; T.C.A. (orig. ed.), § 30-1007.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 5 - SUITS AGAINST REPRESENTATIVES (§§ 30-2-501 — 30-2-507) › Section 30-2-507 - Proceedings on judgment against deceased

The like proceeding as provided in §
30-2-506
, shall be had in case of an execution issued after the death of the debtor, and returned "nothing to be found," on a judgment recovered in the debtor's lifetime.
Code 1858, § 2273 (deriv. Acts 1822, ch. 43, § 2); Shan., § 4006; Code 1932, § 8219; T.C.A. (orig. ed.), § 30-1008.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 6 - ACCOUNTS AND SETTLEMENTS (§§ 30-2-601 — 30-2-615) › Section 30-2-602 - Citation to appear and settle - Punishment for disobedience

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.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 6 - ACCOUNTS AND SETTLEMENTS (§§ 30-2-601 — 30-2-615) › Section 30-2-603 - Service of notice of accounting

(a)
No account of any personal representative shall be taken until the clerk of the probate or chancery court, taking the account, or the personal representative or the personal representative's attorney has served the parties interested with notice of taking the account at least five (5) days before the time fixed for taking the account. This notice may be waived in writing by any legatee, distributee or other person interested in the estate.
(b)
If addresses of heirs, distributees, or other persons interested in the estate are unknown, the personal representative or the personal representative's attorney shall publish notice of the accounting in a newspaper of general circulation in the county with jurisdiction over the probate proceedings.
Code 1858, § 2298 (deriv. Acts 1851-1852, ch. 215, § 2); Shan., § 4034; mod. Code 1932, § 8247; T.C.A. (orig. ed.), § 30-1104; Acts 1986, ch. 580, § 2; 1997, ch. 407, § 2; 2001, ch. 400, § 2.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 6 - ACCOUNTS AND SETTLEMENTS (§§ 30-2-601 — 30-2-615) › Section 30-2-604 - Examination of representative under oath

The clerk or commissioner may, and, when it seems to the clerk or commissioner necessary, shall examine the accounting party, upon oath, touching the representative's receipts and disbursements.
Code 1858, § 2299 (deriv. Acts 1837-1838, ch. 125, § 4); Shan., § 4035; Code 1932, § 8248; T.C.A. (orig. ed.), § 30-1105.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 6 - ACCOUNTS AND SETTLEMENTS (§§ 30-2-601 — 30-2-615) › Section 30-2-605 - Continuance of settlement

On sufficient cause shown by affidavit, the clerk may continue the settlement from time to time.
Code 1858, § 2300 (deriv. Acts 1837-1838, ch. 125, § 3); Shan., § 4036; Code 1932, § 8249; T.C.A. (orig. ed.), § 30-1106.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 6 - ACCOUNTS AND SETTLEMENTS (§§ 30-2-601 — 30-2-615) › Section 30-2-606 - Charges, disbursements, and compensation credited to accounting party

The clerk shall charge every accounting party with all sums of money the accounting party has received, or might have received by using due and reasonable diligence, and shall credit the accounting party with a reasonable compensation for services, and with disbursements supported by lawful vouchers.
Code 1858, § 2301 (deriv. Acts 1837-1838, ch. 111, § 15; 1837-1838, ch. 125, § 4); Shan., § 4037; Code 1932, § 8250; T.C.A. (orig. ed.), § 30-1107.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 6 - ACCOUNTS AND SETTLEMENTS (§§ 30-2-601 — 30-2-615) › Section 30-2-607 - Exceptions to account - Appeal from decision of clerk

Any person interested in the estate may except to the account within a thirty-day period after it has been stated by the clerk, and, if dissatisfied with the clerk's decision on the exceptions, may within an additional thirty-day period appeal to the court. The clerk shall, within five (5) days after the filing of exceptions to the clerk's decision, mail copies of the exceptions to the personal representative and the personal representative's attorney of record.
Code 1858, § 2302 (deriv. Acts 1851-1852, ch. 215, § 3); Shan., § 4038; Code 1932, § 8251; T.C.A. (orig. ed.), § 30-1108; Acts 1985, ch. 140, § 20.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 6 - ACCOUNTS AND SETTLEMENTS (§§ 30-2-601 — 30-2-615) › Section 30-2-608 - Incomplete inventory

Any person interested in any deceased person's estate as legatee, distributee, surviving spouse, creditor, or otherwise, may, at any time before final settlement of the estate, show by proof that the personal representative has not returned a complete inventory, and the article or articles omitted in the inventory shall be debited to the personal representative at the value of the article or articles, unless the personal representative can show a sufficient reason for leaving the article or articles out of the inventory.
Code 1858, § 2303 (deriv. Acts 1851-1852, ch. 215, § 1); Shan., § 4039; mod. Code 1932, § 8252; T.C.A. (orig. ed.), § 30-1109.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 6 - ACCOUNTS AND SETTLEMENTS (§§ 30-2-601 — 30-2-615) › Section 30-2-609 - Appeal from judgment of court

(a)
In any county having a population of five hundred thousand (500,000) or more according to the 2000 federal census or any subsequent federal census, when the court having probate jurisdiction finally settles an account, any person adversely affected by the settlement may appeal from the judgment to the court of appeals.
(b)
In any county having a population of less than five hundred thousand (500,000) according to the 2000 federal census or any subsequent federal census, when the court having probate jurisdiction finally settles an account:
(1)
If the judge serving such court is the circuit court judge or chancellor of the judicial district, then any person adversely affected by the settlement may appeal from the judgment to the court of appeals; or
(2)
If the judge serving such court is not the circuit court judge or chancellor of the judicial district, then any person adversely affected by the settlement may appeal from the judgment to the appropriate trial court of general jurisdiction in which case the trial judge shall hear the matter de novo.
(c)
Except in any county having a population of five hundred thousand (500,000) or more according to the 2000 federal census or any subsequent federal census, the appeal of any decision, ruling, order, or judgment of a probate court that is served by a judge who is not the circuit court judge or chancellor of the judicial district in which the matter arose shall be to the appropriate trial court of general jurisdiction in which case the trial judge shall hear the matter de novo.
(d)
The appeal of any decision, ruling, order, or judgment of a probate court that is served by the circuit court judge or chancellor of the judicial district in which the matter arose (or of a probate court in any county having a population of five hundred thousand (500,000) or more according to the 2000 federal census or any subsequent federal census), shall be to the court of appeals as otherwise provided by law or rule of court.
(e)
(1)
Subdivision (b)(2) and subsection (c) shall not apply in counties having a population of:
not less than
nor more than
39,050
39,150
44,200
44,300
71,100
71,200
88,800
88,900
105,800
105,900
according to the 2000 federal census or any subsequent federal census.
(2)
In any county set out in subdivision (e)(1), any person adversely affected by the settlement or any decision, ruling, order, or judgment of the probate court shall appeal to the court of appeals unless otherwise prohibited by law or rule of court.
Code 1858, § 2304 (deriv. Acts 1851-1852, ch. 215, § 4); Shan., § 4040; Code 1932, § 8253; T.C.A. (orig. ed.), § 30-1110; Acts 1985, ch. 140, § 21; 2002, ch. 754, §§ 1, 2; 2003, ch. 157, § 1; 2009, ch. 396, § 1.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 6 - ACCOUNTS AND SETTLEMENTS (§§ 30-2-601 — 30-2-615) › Section 30-2-610 - Settlement prima facie evidence when recorded

The settlement, when so made, and recorded, shall be prima facie evidence in favor of the accounting party.
Code 1858, § 2305 (deriv. Acts 1837-1838, ch. 125, § 5); Shan., § 4041; Code 1932, § 8254; T.C.A. (orig. ed.), § 30-1111.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 6 - ACCOUNTS AND SETTLEMENTS (§§ 30-2-601 — 30-2-615) › Section 30-2-611 - Fees of clerk

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.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 6 - ACCOUNTS AND SETTLEMENTS (§§ 30-2-601 — 30-2-615) › Section 30-2-612 - Balance payable to clerk's office - Award of execution

After the settlement of any administrator's or executor's account, the probate court may compel the personal representative to pay into the office of the clerk the balance found against the personal representative, and may, on motion of the clerk or any surviving spouse, distributee, or legatee, after twenty (20) days' notice to the personal representative, award summarily an execution against the representative and the personal representative's sureties for the amount of the balance, as in case of a judgment at law, and when any specific thing is to be done, the probate court may compel the representative, by an order, to perform it, and by process of contempt in case of refusal.
Code 1858, § 2307; Acts 1871, ch. 51, § 1; Shan., § 4043; Code 1932, § 8256; T.C.A. (orig. ed.), § 30-1113.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 6 - ACCOUNTS AND SETTLEMENTS (§§ 30-2-601 — 30-2-615) › Section 30-2-613 - Failure to settle accounts - Indictment - Penalty

(a)
No executor or administrator shall neglect or refuse, for thirty (30) days after service of a subpoena, to appear before the clerk of the probate court and settle the accounts.
(b)
The clerk of the probate court shall return to the clerk of the circuit or criminal court, on or before the first day of every term of the court, having jurisdiction, a list of delinquent executors and administrators, and the district attorney general shall, ex officio, prefer against each of them an indictment without a prosecutor.
(c)
Upon conviction of this offense, upon indictment or presentment in the circuit or criminal court, the delinquent shall be fined not less than one dollar ($1.00) nor more than twenty-five dollars ($25.00).
Code 1858, §§ 2308-2310 (deriv. Acts 1837-1838, ch. 125, § 3); Shan., §§ 4044-4046; Code 1932, §§ 8257-8259; T.C.A. (orig. ed.), §§ 30-1114 -- 30-1116.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 6 - ACCOUNTS AND SETTLEMENTS (§§ 30-2-601 — 30-2-615) › Section 30-2-615 - Settlement agreements - Estate administration

(a)
The personal representative and all persons whose consent is required to reach a binding settlement to be approved by the court may enter into a binding nonjudicial settlement agreement regarding any matter involving estate administration.
(b)
A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose or intention of the testator and includes terms and conditions that could be properly approved by the court under this section or other applicable law.
(c)
Matters that may be resolved by a nonjudicial settlement agreement include:
(1)
The interpretation or construction of the terms of the will;
(2)
Liability of a personal representative for an action relating to the administration of the estate;
(3)
The approval of an investment decision, delegation, policy, plan, or program occurring during estate administration;
(4)
Appointment of a trustee of a trust established by the will in the event of a vacancy in the office of the designated trustee;
(5)
Change of principal place of administration of a trust established by the will;
(6)
Change of governing law of a trust established by the will;
(7)
Approval of attorney and personal representative fees; and
(8)
Directing the decedent's real property to be administered as part of the estate that is subject to the control of the personal representative.
(d)
A nonjudicial settlement agreement entered into pursuant to this section is final and binding on all parties to the agreement, including individuals validly represented as provided by title 35, chapter 15, part 3.
(e)
Any party to the nonjudicial settlement agreement may request the court to:
(1)
Approve a nonjudicial settlement agreement;
(2)
Determine whether the representation as provided in subsection (d) was adequate;
(3)
Determine whether the agreement violates a material purpose or intention of the testator; or
(4)
Determine whether the agreement contains terms and conditions the court could have properly approved.
(f)
Entering into or petitioning a court regarding a nonjudicial settlement agreement under this section does not constitute a violation of an in terrorem provision.
(g)
A nonjudicial settlement agreement must not be utilized in a manner that would cause the disqualification or loss of the federal estate tax marital deduction under § 2056(a) or § 2523(a) of the Internal Revenue Code (
26 U.S.C. § 2506(a)
or §
2523(a)
), charitable deduction under § 170(a), § 642(c), § 2055(a), or § 2522(a) of the Internal Revenue Code (
26 U.S.C. § 170(a)
,
642(c)
, §
2055(a)
, or §
2522(a)
), or any specific tax benefit under the Internal Revenue Code that would otherwise be lost under this section.
Added by 2023 Tenn. Acts, ch. 166, s 4, eff. 4/17/2023.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 2 - MANAGEMENT, SETTLEMENT AND DISTRIBUTION (§§ 30-2-101 — 30-2-714) › Part 7 - DISTRIBUTION (§§ 30-2-701 — 30-2-714) › Section 30-2-701 - Distribution of balance - Final settlement

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.