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 7 - DISTRIBUTION (§§ 30-2-701 — 30-2-714) › Section 30-2-702 - Distributees who cannot be located, infants or persons adjudicated incompetent - Procedure for payment of shares

(a)
Whenever the personal representative of the estate of any deceased person in this state is ready to make a final report and settlement, and is prevented or precluded from making final settlement, because there is no personal representative of the estate of a deceased distributee to receive the share due that distributee or one (1) or more payees or distributees cannot be located or for any reason refuses to receive the share due that distributee, the personal representative shall pay or deliver the share due any such distributee to the state treasurer, to be handled in accordance with title 66, chapter 29, part 1, relating to unclaimed property, and show the payment or delivery in the report.
(b)
(1)
In cases involving payees or distributees who are infants or persons adjudicated incompetent and without guardian or conservator authorized to receive the property, the personal representative, before making final settlement, shall file a petition in the court in which the estate is being administered setting out this fact and pray for the appointment of a guardian or conservator, unless petition is made pursuant to §
34-1-104
.
(2)
The court shall appoint a guardian or conservator, if practicable, or if impracticable, order the property belonging to such infant or person adjudicated incompetent paid or delivered into the state treasury, unless distribution is ordered pursuant to §
34-1-104
.
(3)
The payment or delivery shall be shown in the report and settlement of the personal representative, exhibiting the receipt of the guardian or state treasurer, as the case may be.
(c)
If the personal representative of the estate of a deceased person is unable to locate a distributee and that distributee's share of the estate is either personal property of nominal value or a monetary legacy of nominal value, the personal representative may request instructions from the court concerning the amount, if any, which should be spent in locating the distributee and whether the amount spent in locating the distributee should be a general expense of the estate or a charge against the lost distributee's share and the disposition of the property if the distributee cannot be found, which disposition may include the authority to sell any tangible personal property.
Acts 1945, ch. 126, § 1; mod. C. Supp. 1950, § 8196.9 (Williams, § 8334.1); Acts 1963, ch. 158, § 1; 1974, ch. 438, § 1; T.C.A. (orig. ed.), § 30-1302; Acts 1986, ch. 539, § 1; 1987, ch. 322, §§ 10-12; 1988, ch. 854, § 9; 1999, ch. 491, § 6; 2011, ch. 47, §§ 22, 23.
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 30-2-703 - Disposition of shares - Application and claim for share

(a)
Shares so placed in the state treasury shall not become the property of the state, but shall be and remain trust property demandable at any time by the owner or by the guardian of any owner, distributee or by the personal representative of any deceased owner.
(b)
Any person lawfully entitled to receive any money paid into the state treasury pursuant to §
30-2-702
may claim the amount due in accordance with title 66, chapter 29, part 1, governing the disposition of unclaimed property. The state treasurer shall pay the amount, as in other cases, out of any money in the treasury; provided, the state shall not be liable for interest on any fund or funds paid into the state treasury under this law.
(c)
Property delivered to the treasurer pursuant to §
30-2-702
, may be claimed in accordance with title 66, chapter 29, part 1, governing the disposition of unclaimed property.
Acts 1945, ch. 126, §§ 2-4; mod. C. Supp. 1950, § 8196.10 (Williams, §§ 8334.2-8334.4); T.C.A. (orig. ed.), § 30-1303; Acts 1986, ch. 539, § 2; 1987, ch. 322, §§ 13, 14.
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 30-2-704 - Refunding bonds

Every legatee and distributee, or representative of a legatee or distributee, who applies for payment of that person's portion of the decedent's estate, or any part thereof, prior to the time provided by law, shall, before receiving the payment, give bond with two (2) or more sufficient sureties, or one (1) corporate surety, in double the amount to be paid, payable to the state, conditioned that if any debt or debts truly owing by the deceased shall be afterwards sued for and recovered or be otherwise duly made to appear, the legatee or distributee shall refund and pay the ratable part of the debt or debts out of the share or part so allotted to the legatee or distributee.
Code 1858, § 2316 (deriv. Acts 1715, ch. 48, § 7; 1789, ch. 23, § 2); Shan., § 4053; mod. Code 1932, § 8336; mod. C. Supp. 1950, § 8336; T.C.A. (orig. ed.), § 30-1304.
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 30-2-705 - Recording, filing, and verity of bond

The executor or administrator shall bring the bond into the proper court at the next session after its date, and it shall be spread on the minutes, and the original lodged in the office of the clerk, and the bond and the copy on the minutes shall have the verity and character of records.
Code 1858, § 2317 (deriv. Acts 1789, ch. 23, § 3); Shan., § 4054; Code 1932, § 8337; T.C.A. (orig. ed.), § 30-1305.
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 30-2-706 - Scire facias against obligors in refunding bond - Execution

(a)
Where an executor or administrator has pleaded fully administered, no assets, or not sufficient assets to satisfy the plaintiff's or complainant's demand, and that plea has been found in favor of the defendant, and judgment has been recovered against the defendant, to be levied on the assets of the deceased, the creditor, on the creditor's motion, may have scire facias against the obligors in the bond, to show cause why execution should not be issued against them for the amount of the judgment.
(b)
If there is judgment against the defendants to scire facias, or any of them, execution may issue on the judgment against the proper goods and chattels, lands and tenements of the defendant or defendants.
Code 1858, §§ 2318, 2319 (deriv. Acts 1789, ch. 23, § 3); Shan., §§ 4055, 4056; Code 1932, §§ 8338, 8339; T.C.A. (orig. ed.), §§ 30-1306, 30-1307.
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 30-2-707 - 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.
Amended by 2017 Tenn. Acts, ch. 280,s 7, eff. 7/1/2017.
Code 1858, §§ 2320, 2321, 2323 (deriv. Acts 1853-1854, ch. 49, §§ 1, 2; 1855-1856, ch. 87); Shan., §§ 4057, 4058, 4060; Code 1932, §§ 8340, 8341, 8343; T.C.A. (orig. ed.), §§ 30-1308, 30-1309, 30-1311; Acts 1986, ch. 580, § 3.
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 30-2-710 - Application to compel payment of distributive share or legacy

(a)
Any distributee or legatee of the estate may, after the expiration of eighteen (18) months from the grant of letters, apply to the probate or chancery court of the county in which administration was taken out, to compel the payment of the distributee's or legatee's distributive share or legacy.
(b)
The application shall be by petition or bill, shall set forth the claim of the applicant as legatee or distributee, shall allege that the assets of the estate are more than sufficient to pay the debts, charges, and other claims, if any, entitled to priority, and be verified, by affidavit.
(c)
The proceedings under the application shall be conducted as other equitable actions, and heard and determined summarily as soon as practicable.
Code 1858, §§ 2312-2314 (deriv. Acts 1723, ch. 10, § 4; 1762, ch. 5, §§ 23, 26); Shan., §§ 4048-4050; Code 1932, §§ 8347-8349; T.C.A. (orig. ed.), §§ 30-1313 -- 30-1315.
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 30-2-711 - 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.
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 30-2-713 - Satisfaction of pecuniary bequests, devises or transfers by distribution in kind - Agreements with beneficiaries and governmental authorities

(a)
Whenever an executor, administrator with will annexed or a trustee is empowered under the will or trust of a decedent to satisfy a pecuniary bequest, devise or transfer in trust, in kind with assets at their value for federal estate tax purposes, that fiduciary, in order to implement such a bequest, devise or transfer in trust, must, unless the governing instrument provides otherwise, distribute assets, including cash, fairly representative of appreciation or depreciation in the value of all property thus available for distribution in satisfaction of the pecuniary bequest, devise or transfer.
(b)
This section is not intended to change the law presently applicable to fiduciaries in this state, but is a statement of the fiduciary principles applicable to fiduciaries and is declaratory of the present law of this state.
(c)
The personal representative of an estate and trustees are authorized to enter into agreements with beneficiaries and with governmental authorities, agreeing to make distribution in accordance with this section for any purpose that they deem to be in the best interests of the estate, including the purpose of protecting and preserving the federal estate tax marital deduction for a decedent without regard to the decedent's date of death, or the state inheritance tax marital deduction for a decedent dying before January 1, 2016, as applicable to the estate. The guardian or conservator of a surviving beneficiary or the personal representative of a deceased beneficiary is empowered to enter into agreements pursuant to this subsection (c) for and on behalf of the beneficiary or deceased beneficiary.
Amended by 2017 Tenn. Acts, ch. 290,s 4, eff. 5/4/2017.
Acts 1965, ch. 284, §§ 1-3; T.C.A., § 30-1317; Acts 1984, ch. 579, § 1.
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 30-2-714 - Recovery of assets after close of estate

(a)
When all the debts of any deceased person are paid in full, and the administrator or executor of the deceased persons has resigned, or is dead, and there is no person representing the deceased person as administrator or executor, and there are claims due the estate of the decedent, that, from insolvency or other cause, were not collected by the administrator or executor of the decedent, then, the next of kin of the deceased persons may sue for, receive, and collect those claims in their own names; provided, however, that the claims so received shall be distributed in accordance with the statutes of descent and distribution, if the person left no will, but in the event the person left a last will and testament, then in accordance with the will.
(b)
If the claims, or any of them, were reduced to judgment in the lifetime of the decedent, or by the decedent's administrator or executor, then the judgment may be revived by scire facias in the name of the next of kin of the decedent, to enable the next of kin to enforce collection of the judgment.
Acts 1859-1860, ch. 58, §§ 1, 2; Shan., §§ 4062, 4063; Code 1932, §§ 8345, 8346; T.C.A. (orig. ed.), §§ 30-1401, 30-1402.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 3 - ABSENTEES' ESTATES (§§ 30-3-101 — 30-3-210) › Part 1 - UNIFORM LAW (§§ 30-3-101 — 30-3-114) › Section 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."
Acts 1941, ch. 102, § 13; C. Supp. 1950, § 8407.9 (Williams, § 8407.22); T.C.A. (orig. ed.), § 30-1801.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 3 - ABSENTEES' ESTATES (§§ 30-3-101 — 30-3-210) › Part 1 - UNIFORM LAW (§§ 30-3-101 — 30-3-114) › Section 30-3-102 - Presumption of death from mere absence - Exposure to specific peril considered - Distribution of funds of absentee

(a)
A person absent from such person's place of residence and unheard of for seven (7) years or longer, whose absence is not satisfactorily explained, is presumed to be dead; provided, however, such presumption may be rebutted by proof.
(b)
Exposure to specific peril shall be considered in every case. If during such absence the person has been exposed to a specific peril of death, this fact shall be considered by the court, or if there be a jury, shall be sufficient evidence for submission to the jury.
(c)
If the clerks of the respective courts of record and/or the personal representatives have any funds belonging to such absentee who, upon the order of the court, is determined to be dead, such funds shall be distributed according to law as of the date of death of the absentee as determined by the court. The validity and effect of the distribution of the property shall be determined by the court having probate jurisdiction administering the estate.
Acts 1941, ch. 102, § 1; 1949, ch. 265, § 1; mod. C. Supp. 1950, § 8407.10; T.C.A. (orig. ed.), § 30-1802; Acts 1985, ch. 140, § 23; 2001, ch. 121, § 1.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 3 - ABSENTEES' ESTATES (§§ 30-3-101 — 30-3-210) › Part 1 - UNIFORM LAW (§§ 30-3-101 — 30-3-114) › Section 30-3-103 - Provisions of insurance policies relative to proof of absence or death declared invalid - Statutory period of limitations

(a)
No provisions concerning the effect to be given to evidence of absence or of death, in any policy of life or accident insurance or in the charter or bylaws of any mutual or fraternal insurance association executed or adopted after February 15, 1941, shall be valid.
(b)
(1)
When any such policy, charter or bylaws executed or adopted after February 15, 1941, contains a provision requiring a beneficiary to bring suit upon a claim of death within one (1) year or other period after the death of the insured, and the fact of the absence of the insured is relied upon by the beneficiary as evidence of the death, the action may be begun, notwithstanding such provision in the policy or charter or bylaws, at any time within the statutory period of limitation for actions on contracts in writing dating from the date of the giving of written notice of such absence to the insurer, which notice shall be given within one (1) year from the date when the beneficiary last heard of the absent insured. If such notice is not given, then the statutory period runs from the time when the absent person was last heard of by the beneficiary.
(2)
Provided, that if the seven (7) year absence is relied upon to establish death, then the statutory period of limitations shall only commence to run at the end of the seven (7) years.
Acts 1941, ch. 102, § 2; C. Supp. 1950, § 8407.11; T.C.A. (orig. ed.), § 30-1803.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 3 - ABSENTEES' ESTATES (§§ 30-3-101 — 30-3-210) › Part 1 - UNIFORM LAW (§§ 30-3-101 — 30-3-114) › Section 30-3-104 - Receiver - Appointment - Powers

(a)
When a person domiciled in this state and having an interest in any form of property disappears and is absent from the person's place of residence without being heard of after diligent inquiry, upon application for a finding of such disappearance and absence and of the necessity for the appointment of a receiver to the chancery court of the county of the absentee's domicile by any person who would have an interest in the property were the absentee deceased or by an insurer or surety or creditor of such absentee, after notice as provided in §
30-3-106
and upon good cause being shown, the court may find that the person was last heard of as of a date certain and may appoint a receiver to take charge of the person's estate. The absentee shall be made a party to the proceeding, and any other person who would have an interest in the property were the absentee deceased, upon direction by the court, may be made party to the proceeding.
(b)
The receiver, upon giving bond to be fixed in amount and with surety to be approved by the court, and upon such conditions as will ensure the conservation of such property, shall, under the direction of the court, administer the property as an equity receivership with power:
(1)
To take possession of all property of the absentee wherever situated;
(2)
To collect all debts due the absentee;
(3)
To bring and defend suits;
(4)
To pay insurance premiums;
(5)
With the approval of the court in each case, to pay all debts due by the absentee; and
(6)
To pay over the proceeds of such part or all of the property, or the income thereof, as may be necessary for the maintenance and support of the absentee's dependents, and if the personal property of the absentee be not sufficient to pay all of the absentee's debt and to provide for the maintenance and support of the absentee's dependents, the receiver may apply to the court for an order to sell or mortgage so much of the real estate as may be necessary therefor, the sale or mortgage to be reported to, approved and confirmed by the court and the receiver to be ordered to make a deed conveying or mortgaging the real property to the purchaser or lender upon the purchaser or lender complying with the terms of sale or mortgage.
Acts 1941, ch. 102, § 3; C. Supp. 1950, § 8407.12; T.C.A. (orig. ed.), § 30-1804.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 3 - ABSENTEES' ESTATES (§§ 30-3-101 — 30-3-210) › Part 1 - UNIFORM LAW (§§ 30-3-101 — 30-3-114) › Section 30-3-105 - Temporary receiver

(a)
Upon the filing of the application referred to in §
30-3-104
, the court may for cause shown appoint a temporary receiver to take charge of the property of the absentee and conserve it pending hearing upon the application. Such temporary receiver shall qualify by giving bond in an amount and with surety to be approved by the court and shall exercise only the powers named by the court.
(b)
Should a permanent receiver be appointed, the temporary receiver shall turn over all property in the temporary receiver's possession, less such as may be necessary to cover the temporary receiver's expenses and compensation as allowed by the court, to the permanent receiver, and shall file the temporary receiver's final account and upon its approval be discharged.
(c)
Should the application for permanent receiver be denied, the temporary receiver shall restore to those from whom it may have been obtained all property in the temporary receiver's possession, less only as may be necessary to cover the temporary receiver's expenses and compensation as allowed by the court, and shall file a final account and be discharged. Where the application is denied the expenses of the temporary receivership and the compensation of the temporary receiver may, in the discretion of the court, be taxed as costs of the proceeding to be paid by the applicant and shall be enforceable by the temporary receiver against the applicant.
Acts 1941, ch. 102, § 3; C. Supp. 1950, § 8407.12; T.C.A. (orig. ed.), § 30-1805.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 3 - ABSENTEES' ESTATES (§§ 30-3-101 — 30-3-210) › Part 1 - UNIFORM LAW (§§ 30-3-101 — 30-3-114) › Section 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.
Acts 1941, ch. 102, § 4; C. Supp. 1950, § 8407.13; T.C.A. (orig. ed.), § 30-1806.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 3 - ABSENTEES' ESTATES (§§ 30-3-101 — 30-3-210) › Part 1 - UNIFORM LAW (§§ 30-3-101 — 30-3-114) › Section 30-3-107 - Search for absentee directed by court

(a)
The court, upon application, may direct the receiver to make search for the absentee in any manner which the court may deem advisable, including any or all of the following methods:
(1)
By inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the absentee's whereabouts;
(2)
By notifying officers of justice and public welfare agencies in appropriate locations of the absentee's disappearance; or
(3)
By engaging the services of an investigation agency.
(b)
The expenses of such search and of the notices provided for in §
30-3-106
shall be taxed as costs and paid out of the property of the absentee.
Acts 1941, ch. 102, § 5; C. Supp. 1950, § 8407.14; T.C.A. (orig. ed.), § 30-1807.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 3 - ABSENTEES' ESTATES (§§ 30-3-101 — 30-3-210) › Part 1 - UNIFORM LAW (§§ 30-3-101 — 30-3-114) › Section 30-3-108 - Final hearing and finding

(a)
At any time during the proceedings, upon application to the court and presentation of satisfactory evidence of the absentee's death, the court may make a final finding and decree that the absentee is dead, in which event the decree and a transcript of all of the receivership proceedings shall be certified to the probate court for any administration required by law upon the estate of a decedent, and the receivership court shall proceed no further except for the purposes hereinafter set forth in §
30-3-110(1) and (3)
.
(b)
After the lapse of seven (7) years from the date of the finding provided for in §
30-3-104
, if the absentee has not appeared and if the court has received evidence sufficient to rebut the presumption that a person absent seven (7) years is dead, then the court may proceed to take further evidence and thereafter make a final finding and enter a decree declaring that all interest of the absentee in the absentee's property has ceased and devolved upon others by reason of the absentee's failure to appear and make claim.
(c)
After the lapse of seven (7) years from the date of the finding provided for in §
30-3-104
, if the absentee has not appeared and if sufficient proof has not been received to rebut the presumption that a person absent seven (7) years is dead, then the court may make a final finding and decree that the absentee is dead, in which event the decree and a transcript of all of the receivership proceedings shall be certified to the probate court for any administration required by law upon the estate of a decedent, and the receivership court shall proceed no further except for the purposes hereinafter set forth in §
30-3-110
.
Acts 1941, ch. 102, § 6; C. Supp. 1950, § 8407.15; T.C.A. (orig. ed.), § 30-1808; Acts 2001, ch. 121, §§ 2, 3.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 3 - ABSENTEES' ESTATES (§§ 30-3-101 — 30-3-210) › Part 1 - UNIFORM LAW (§§ 30-3-101 — 30-3-114) › Section 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
.
Acts 1941, ch. 102, § 7; C. Supp. 1950, § 8407.16; T.C.A. (orig. ed.), § 30-1809.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 3 - ABSENTEES' ESTATES (§§ 30-3-101 — 30-3-210) › Part 1 - UNIFORM LAW (§§ 30-3-101 — 30-3-114) › Section 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:
(1)
In the case of a finding under subsections (a) or (c) of §
30-3-108
, that the absentee is dead:
(A)
By satisfying all outstanding debts and charges of the receivership; and
(B)
By then certifying the proceedings to the probate court; or
(2)
In the case of a finding under §
30-3-108(b)
:
(A)
By satisfying all outstanding debts and charges;
(B)
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
(C)
By distributing the remaining property as provided in §
30-3-111
; and
(3)
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.
Acts 1941, ch. 102, § 8; C. Supp. 1950, § 8407.17; T.C.A. (orig. ed.), § 30-1810; Acts 2001, ch. 121, § 4.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 3 - ABSENTEES' ESTATES (§§ 30-3-101 — 30-3-210) › Part 1 - UNIFORM LAW (§§ 30-3-101 — 30-3-114) › Section 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.
Acts 1941, ch. 102, § 9; C. Supp. 1950, § 8407.18; T.C.A. (orig. ed.), § 30-1811.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 3 - ABSENTEES' ESTATES (§§ 30-3-101 — 30-3-210) › Part 1 - UNIFORM LAW (§§ 30-3-101 — 30-3-114) › Section 30-3-112 - Insurance proceeds

(a)
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.
(b)
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.
(c)
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.
(d)
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.
Acts 1941, ch. 102, § 10; C. Supp. 1950, § 8407.19; T.C.A. (orig. ed.), § 30-1812.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 3 - ABSENTEES' ESTATES (§§ 30-3-101 — 30-3-210) › Part 1 - UNIFORM LAW (§§ 30-3-101 — 30-3-114) › Section 30-3-113 - Fund for reimbursement of appearing absentees

(a)
In each case of termination of receivership as provided in §
30-3-110
, the court, except in cases where the proceedings have been certified to the probate court under §
30-3-108(a) or (c)
, shall set aside the sum there named and direct its payment by the receiver to the state treasurer, who shall deal with such sum in accordance with the Uniform Unclaimed Property Act, compiled in title 66, chapter 29.
(b)
Any person lawfully entitled to receive any money paid to the state treasurer pursuant to this section may claim the amount due in accordance with the Uniform Unclaimed Property Act.
(c)
All sums held by the state treasurer under this part prior to May 9, 2005, shall be transferred to the appropriate account within the state treasury that is maintained for the prompt payment of claims under the Uniform Disposition of Unclaimed Property Act, and all such sums and claims shall be handled in accordance with the Uniform Disposition of Unclaimed Property Act.
Amended by 2017 Tenn. Acts, ch. 457,s 2, eff. 7/1/2017.
Acts 1941, ch. 102, § 11; C. Supp. 1950, § 8407.20; T.C.A. (orig. ed.), § 30-1813; Acts 2001, ch. 121, § 5; 2005, ch. 141, § 1.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 3 - ABSENTEES' ESTATES (§§ 30-3-101 — 30-3-210) › Part 1 - UNIFORM LAW (§§ 30-3-101 — 30-3-114) › Section 30-3-114 - Construction and application of part

(a)
This part shall be so interpreted and construed as to effectuate the general purpose to make uniform the law of those states which enact the same law.
(b)
This part shall have no retroactive application to the time prior to February 15, 1941.
Acts 1941, ch. 102, §§ 12, 16; C. Supp. 1950, §§ 8407.21, 8407.22 (Williams, § 8407.24); T.C.A. (orig. ed.), §§ 30-1814, 30-1815.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 3 - ABSENTEES' ESTATES (§§ 30-3-101 — 30-3-210) › Part 2 - CONSERVATORS (§§ 30-3-201 — 30-3-210) › Section 30-3-201 - "Absentee" defined

As used in this part unless the context otherwise requires, an "absentee" is:
(1)
Any person serving in or with the armed forces of the United States, in or with the Red Cross, in or with the merchant marines or otherwise, during any period of time when a state of hostilities exists between the United States and any other power and for one (1) year thereafter, who has been reported or listed as missing in action, interned in a neutral country, beleaguered, besieged or captured by the enemy; and
(2)
Any resident of this state, or any person owning property in this state, who disappears under circumstances indicating that the person may have died, either naturally, accidentally or at the hand of another, or may have disappeared as the result of mental derangement, amnesia or other mental cause.
Acts 1972, ch. 785, § 1; T.C.A., § 30-1901.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 3 - ABSENTEES' ESTATES (§§ 30-3-101 — 30-3-210) › Part 2 - CONSERVATORS (§§ 30-3-201 — 30-3-210) › Section 30-3-202 - Jurisdiction - Grounds for appointment

The chancery or probate court has jurisdiction to appoint a conservator of the estate of an absentee as defined in this part upon a showing that:
(1)
The absentee has an interest in any form of property in this state, or is a legal resident of this state, or has a spouse or next of kin who is a legal resident of this state, and the absentee has not provided an adequate power of attorney authorizing another to act in the absentee's behalf with regard to the property or interest or the term of any such power of attorney has expired; and
(2)
A necessity exists for providing care for the property or estate of the absentee or care for or judgments concerning the absentee's spouse and children; or if the absentee has no spouse and children, the absentee's mother or father.
Acts 1972, ch. 785, § 2; T.C.A. (orig. ed.) § 30-1902.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 3 - ABSENTEES' ESTATES (§§ 30-3-101 — 30-3-210) › Part 2 - CONSERVATORS (§§ 30-3-201 — 30-3-210) › Section 30-3-203 - Transfer of property without conservatorship

(a)
If the spouse of any person defined as an absentee in §
30-3-201(1)
, or next of kin if the absentee has no spouse, wishes to sell or transfer any property of the absentee that has a gross value of less than five thousand dollars ($5,000), or requires the consent of the absentee in any matter regarding the absentee's children, or in any other matter in which the gross value of the subject matter is less than five thousand dollars ($5,000), the spouse or next of kin may apply to the chancery or probate court for an order authorizing the sale, transfer, or consent, without opening a full conservatorship proceeding as provided by this part. The spouse or next of kin may make the application without the assistance of an attorney.
(b)
The application shall be made by petition on the following form, which form shall be made readily available to the applicant by the clerk and master of the chancery court and the clerk of the probate court:
In re: ______________(absentee), case number ______________
PETITION FOR SUMMARY RELIEF
Petitioner, ______________ whose residence is ______________(street and number) ______________(city or town), and ______________(county) Tennessee, and who is the ______________(describe relationship to absentee) of the absentee, ______________(name), states that the absentee has been ______________(imprisoned or missing in action) since ______________(date) when ______________(describe details).
Petitioner desires to sell/transfer ______________(describe property) of the value of ______________(value) because ______________(give reasons).
The terms of sale/transfer are ______________(give terms).
Petitioner requires the consent of the absentee for the purpose of ______________.
Petitioner
State of Tennessee
County of ______________
The above named, ______________(petitioner's name), being by me duly sworn, says the foregoing petition is true and correct to the best of his/her knowledge and belief.
____________________
Notary Public
My commission expires ______________.
(c)
The court shall, without hearing or notice, enter an order on the petition if it deems the relief requested in the petition necessary to protect the best interests of the absentee or the absentee's dependents.
(d)
The order shall be prima facie evidence of the validity of the proceedings and the authority of the petitioner to make a conveyance or transfer of the property or to give the absentee's consent in any matter prescribed by subsections (a) and (b) of this section.
Acts 1972, ch. 785, § 3; T.C.A., § 30-1903.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 3 - ABSENTEES' ESTATES (§§ 30-3-101 — 30-3-210) › Part 2 - CONSERVATORS (§§ 30-3-201 — 30-3-210) › Section 30-3-205 - Petition for appointment

(a)
The jurisdiction of the court shall be invoked by the filing of a petition by any person who would have an interest in the property or estate of the absentee were the absentee deceased, or any person who is dependent on the absentee for maintenance or support.
(b)
The petition shall be sworn to by the petitioner and shall state:
(1)
The names, addresses, and age of the spouse, children, mother, father, brothers, and sisters, or if none of these are living, the next of kin, of the absentee;
(2)
The name, address, and age of any other person who would have an interest in the property or the estate of the absentee if the absentee were deceased;
(3)
The exact circumstances that cause the person missing to be an absentee under §
30-3-201
, including the date the absentee was first known missing, interned, beleaguered, etc.;
(4)
The necessity for establishing a conservatorship;
(5)
Whether or not the person alleged to be an absentee has a will and the whereabouts of the will; and
(6)
A statement of all property constituting an asset of the alleged absentee's estate or in which the absentee has any interest and the approximate value of that property.
Acts 1972, ch. 785, § 5; T.C.A., § 30-1905.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 3 - ABSENTEES' ESTATES (§§ 30-3-101 — 30-3-210) › Part 2 - CONSERVATORS (§§ 30-3-201 — 30-3-210) › Section 30-3-206 - Hearing on petition - Notice - Appointment

(a)
Notice of the hearing on the petition to appoint a conservator shall be given to all persons named in the petition by registered mail, certified mail with return receipt requested or by personal service of legal process.
(b)
The judge shall hear evidence on the question of whether the person alleged to be missing, interned, beleaguered, etc., is an absentee as defined by §
30-3-201
, and on the question of who is entitled to appointment as conservator. Any person interested in the proceedings may intervene with leave of the court.
(c)
The court may in its discretion appoint a guardian ad litem to represent the alleged absentee at the hearing.
(d)
If after hearing, the court is satisfied that the person alleged to be an absentee is an absentee, as defined in §
30-3-201
, and that it is necessary that a conservatorship be established, the court shall appoint a conservator of the estate and property of the absentee to take charge of the absentee's estate and property under the supervision and subject to the further orders of the court.
(e)
In the appointment of a conservator, the court shall give due consideration to the appointment of one (1) of the next of kin of the absentee if the next of kin is a fit and proper person and is qualified to act.
Acts 1972, ch. 785, § 6; 1978, ch. 649, § 1; T.C.A., § 30-1906.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 3 - ABSENTEES' ESTATES (§§ 30-3-101 — 30-3-210) › Part 2 - CONSERVATORS (§§ 30-3-201 — 30-3-210) › Section 30-3-207 - Oath and bond

(a)
Every conservator, before exercising authority as conservator, shall take oath to faithfully perform the duties of conservator and to render true accounts whenever required according to law, which oath may be administered by any officer authorized to administer oaths under the laws of this state. The oath shall be filed with the court.
(b)
The court may require the conservator to give bond in the same manner as that required of incompetents as set forth in [former] title 34, chapter 4 [repealed].
Acts 1972, ch. 785, §§ 7, 8; T.C.A., §§ 30-1907, 30-1908.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 3 - ABSENTEES' ESTATES (§§ 30-3-101 — 30-3-210) › Part 2 - CONSERVATORS (§§ 30-3-201 — 30-3-210) › Section 30-3-208 - Duties

The conservator shall have all the rights, powers, and duties of a guardian of the property as established in title 34, chapters 1 and 2, and an absentee and an absentee's dependents shall be entitled to all benefits accruing to a ward or a ward's dependents under those chapters. The court shall have the same responsibility as to a conservatorship as with respect to the guardianship of the property under those chapters.
Acts 1972, ch. 785, § 9; T.C.A., § 30-1909.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 3 - ABSENTEES' ESTATES (§§ 30-3-101 — 30-3-210) › Part 2 - CONSERVATORS (§§ 30-3-201 — 30-3-210) › Section 30-3-209 - Resignation and discharge

The provision for resignation and discharge of conservators for estates of incompetents as set forth in [former] §
34-4-113
[repealed] shall apply in the chancery or probate court for the resignation and discharge of a conservator appointed under this part.
Acts 1972, ch. 785, § 10; T.C.A., § 30-1910.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 3 - ABSENTEES' ESTATES (§§ 30-3-101 — 30-3-210) › Part 2 - CONSERVATORS (§§ 30-3-201 — 30-3-210) › Section 30-3-210 - Termination of conservatorship

(a)
At any time upon petition signed by the absentee, or on petition of an attorney in fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the conservatorship and the transfer of all property held under the conservatorship to the absentee or to the designated attorney in fact.
(b)
Likewise, if at any time subsequent to the appointment of a conservator it appears that the absentee has died and a personal representative has been appointed for the absentee's estate, the court shall direct the termination of the conservatorship and the transfer of all property of the deceased absentee held under the conservatorship to the personal representative.
(c)
When the need for a conservatorship terminates, the conservator shall promptly file final accountings and application for discharge with the court. If it appears to the court that the accountings are correct and that the conservator has made full and complete transfer of the absentee's assets as directed, the court may approve the accountings and discharge the conservator. If objections to the accountings are filed, the judge shall conduct a hearing under the same conditions for a hearing on objections to annual accountings.
(d)
The discharge shall operate as a release from the duties of the conservatorship and as a bar to any suit against the conservator or the conservator's surety, unless the suit is commenced within one (1) year from the date of discharge.
Acts 1972, ch. 785, § 11; T.C.A., § 30-1911; Acts 1985, ch. 140, § 24.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 4 - SMALL ESTATE PROBATE ACT (§§ 30-4-101 — 30-4-105) › Section 30-4-101 - Short title

This chapter is known and may be cited as "The Small Estate Probate Act."
Amended by 2023 Tenn. Acts, ch. 297, s 1, eff. 4/28/2023.
Amended by 2022 Tenn. Acts, ch. 665, s 1, eff. 7/1/2022.
Acts 1972, ch. 687, § 1; T.C.A., § 30-2001.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 4 - SMALL ESTATE PROBATE ACT (§§ 30-4-101 — 30-4-105) › Section 30-4-102 - Chapter definitions

As used in this chapter, unless the context clearly requires otherwise:
(1)
"Court" means the court then exercising probate jurisdiction in the county in which the decedent had legal residence on the date of death;
(2)
"Decedent" means a person who is deceased;
(3)
"Limited letters" means the limited letters of administration of a small estate and limited letters testamentary of a small estate, as appropriate;
(4)
"Limited letters of administration of a small estate" means limited letters of administration for the decedent's property that restrict the person to whom the limited letters of administration are issued to the property itemized and identified in the petition for the limited letters, which must be attached to and made a part of the limited letters;
(5)
"Limited letters testamentary of a small estate" means limited letters testamentary for the decedent's property that restrict the person to whom the limited letters testamentary are issued to the property itemized and identified in the petition for the limited letters which must be attached to and made a part of the limited letters;
(6)
"Person" means an individual, partnership, firm, business trust, corporation, or other legal entity, and includes both the singular and plural, and the masculine and feminine, as appropriate;
(7)
"Personal representative" means the person to whom limited letters of administration of a small estate or limited letters testamentary of a small estate are issued;
(8)
"Property" means only personal property, or any interest in personal property, owned by the decedent on the date of death that would be subject to probate, other than personal property held as tenants by the entirety or jointly with right of survivorship, or personal property payable to a beneficiary other than the decedent's estate; and
(9)
"Small estate" means the probate estate of a decedent in which the value of the probate property does not exceed fifty thousand dollars ($50,000).
Amended by 2023 Tenn. Acts, ch. 297,s 1, eff. 4/28/2023.
Amended by 2014 Tenn. Acts, ch. 829, Secs.s 1, s 8eff. 4/29/2014.
Acts 1972, ch. 687, § 2; 1974, ch. 529, § 1; 1979, ch. 81, § 1; T.C.A., §30-2002; Acts 1997 , ch. 426, § 12.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 4 - SMALL ESTATE PROBATE ACT (§§ 30-4-101 — 30-4-105) › Section 30-4-105 - [Repealed]

Repealed by 2023 Tenn. Acts, ch. 297,s 1, eff. 4/28/2023.
Acts 1972, ch. 687, § 5; T.C.A., § 30-2005.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 5 - INSOLVENT ESTATES (§§ 30-5-101 — 30-5-105) › Section 30-5-101 - Initiation of administration

The administration of an insolvent estate shall begin upon the filing of a petition to probate or the application for letters of administration by the personal representative or a creditor in the court having probate jurisdiction.
Code 1858, § 2362 (deriv. Acts 1851-1852, ch. 283, § 21); 1871, ch. 106, §1; Shan., § 4102; mod. Code 1932, § 8298; T.C.A. (orig. ed.), § 30-701; Acts 1989, ch. 516, § 1.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 5 - INSOLVENT ESTATES (§§ 30-5-101 — 30-5-105) › Section 30-5-102 - Notice of insolvency - Filing - Copies

After the time for filing claims has expired, as provided by §
30-2-310
, if the estate is unable to pay all of its creditors, the personal representative shall file with the clerk a notice of insolvency. A copy of the notice shall be sent by certified mail, return receipt requested, to each creditor who has filed a claim. This notice may be mailed to creditors by the attorney for the estate, the personal representative or, if requested, by the clerk.
Code 1858, § 2328 (deriv. Acts 1851-1852, ch. 283, § 4); Shan., §4068; mod. Code 1932, § 8264; modified; T.C.A. (orig. ed.), §30-702; Acts 1989, ch. 516, § 2.