reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 1 - EXECUTORS AND ADMINISTRATORS (§§ 30-1-101 — 30-1-408) › Part 3 - APPOINTMENT BY CHANCERY COURT (§§ 30-1-301 — 30-1-311) › Section 30-1-303 - Bill filed by creditor - Parties

The bill, if filed by a creditor, shall be on behalf of all other creditors who may wish to come in and be made parties on the usual terms, and the distributees and heirs may be made parties defendants.
Code 1858, § 2211 (deriv. Acts 1841-1842, ch. 177, § 1); Shan., § 3945; Code 1932, § 8157; T.C.A. (orig. ed.), § 30-303.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 1 - EXECUTORS AND ADMINISTRATORS (§§ 30-1-101 — 30-1-408) › Part 3 - APPOINTMENT BY CHANCERY COURT (§§ 30-1-301 — 30-1-311) › Section 30-1-304 - Bill filed by next of kin - Parties

If the bill is filed by the next of kin, or any of them, it shall be on behalf of all the distributees and heirs against the creditors, who may become defendants.
Code 1858, § 2212 (deriv. Acts 1841-1842, ch. 177, § 1); Shan., § 3946; Code 1932, § 8158; T.C.A. (orig. ed.), § 30-304.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 1 - EXECUTORS AND ADMINISTRATORS (§§ 30-1-101 — 30-1-408) › Part 3 - APPOINTMENT BY CHANCERY COURT (§§ 30-1-301 — 30-1-311) › Section 30-1-305 - Appointment of administrator

Upon the filing of the bill, the court in term, or chancellor or judge in vacation, at chambers, shall appoint an administrator of the estate, upon such terms as the court, chancellor or judge may think best.
Code 1858, § 2213 (deriv. Acts 1841-1842, ch. 177, § 1); Shan., § 3947; Code 1932, § 8159; T.C.A. (orig. ed.), § 30-305.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 1 - EXECUTORS AND ADMINISTRATORS (§§ 30-1-101 — 30-1-408) › Part 3 - APPOINTMENT BY CHANCERY COURT (§§ 30-1-301 — 30-1-311) › Section 30-1-306 - Bond

If the appointment is made in vacation, the complainant shall be required to give bond, with surety, in double the value of the estate to be administered, payable to the state, conditioned that the administrator shall render a true inventory of the estate to the court at its next term, so far as it may come to the administrator's knowledge, and that the administrator will deliver the assets over, or place the assets, or the proceeds, under the charge of the court.
Code 1858, § 2214 (deriv. Acts 1841-1842, ch. 177, § 4); Shan., § 3948; Code 1932, § 8160; T.C.A. (orig. ed.), § 30-306.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 1 - EXECUTORS AND ADMINISTRATORS (§§ 30-1-101 — 30-1-408) › Part 3 - APPOINTMENT BY CHANCERY COURT (§§ 30-1-301 — 30-1-311) › Section 30-1-307 - Sale of perishable property

The judge or chancellor may also direct, in the order, that the perishable property belonging to the estate be sold.
Code 1858, § 2215 (deriv. Acts 1841-1842, ch. 177, § 4); Shan., § 3949; Code 1932, § 8161; T.C.A. (orig. ed.), § 30-307.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 1 - EXECUTORS AND ADMINISTRATORS (§§ 30-1-101 — 30-1-408) › Part 3 - APPOINTMENT BY CHANCERY COURT (§§ 30-1-301 — 30-1-311) › Section 30-1-308 - Administrator party to court proceedings

The administrator, when appointed, shall be a party to the proceedings in court, and shall be bound by any decree or order in the cause.
Code 1858, § 2216 (deriv. Acts 1841-1842, ch. 177, § 3); Shan., § 3950; Code 1932, § 8162; T.C.A. (orig. ed.), § 30-308.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 1 - EXECUTORS AND ADMINISTRATORS (§§ 30-1-101 — 30-1-408) › Part 3 - APPOINTMENT BY CHANCERY COURT (§§ 30-1-301 — 30-1-311) › Section 30-1-309 - Guardian appointed for minor

Where any party interested in the estate is a minor, the court may appoint a guardian for the minor.
Code 1858, § 2217 (deriv. Acts 1841-1842, ch. 177, § 3); Shan., § 3951; Code 1932, § 8163; T.C.A. (orig. ed.) § 30-309.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 1 - EXECUTORS AND ADMINISTRATORS (§§ 30-1-101 — 30-1-408) › Part 3 - APPOINTMENT BY CHANCERY COURT (§§ 30-1-301 — 30-1-311) › Section 30-1-310 - Duties of administrator - Removal

An administrator shall be under the same responsibilities as a receiver in chancery, and shall make reports to the court in the same manner; and be removable from office for neglect or improper conduct, as a receiver may be; and when the administrator is removed, or dies or resigns, the court may appoint a successor.
Code 1858, § 2218 (deriv. Acts 1841-1842, ch. 177, § 2); Shan., § 3952; Code 1932, § 8164; T.C.A. (orig. ed.), § 30-310.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 1 - EXECUTORS AND ADMINISTRATORS (§§ 30-1-101 — 30-1-408) › Part 3 - APPOINTMENT BY CHANCERY COURT (§§ 30-1-301 — 30-1-311) › Section 30-1-311 - Manner of administration

The administration of the estate shall be conducted under the authority of the chancery court, in the same manner, and under the same rules, as the administration of an insolvent estate.
Code 1858, § 2219 (deriv. Acts 1841-1842, ch. 177, § 1); Shan., § 3953; Code 1932, § 8165; T.C.A. (orig. ed.), § 30-311.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 1 - EXECUTORS AND ADMINISTRATORS (§§ 30-1-101 — 30-1-408) › Part 4 - PUBLIC ADMINISTRATORS, GUARDIANS, AND TRUSTEES (§§ 30-1-401 — 30-1-408) › Section 30-1-401 - Appointment - Term - Oath - Bond

The county legislative body has the power to appoint or elect a public administrator, public guardian, public trustee, and public receiver, who shall hold office for four (4) years, and who, before entering upon their duties of the office, shall take the oath by law prescribed for administrators, guardians, trustees, and receivers, and shall give bond, with good and approved sureties, in such amount as may be necessary and amply sufficient, in the discretion of the county legislative body, to protect the estates, funds, and property that may come into their hands, which bond as to amount may be increased, from time to time, by the county legislative body.
Amended by 2022 Tenn. Acts, ch. 912, s 3, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 912, s 2, eff. 7/1/2022.
Acts 1870, ch. 98, § 1; Shan., § 583; mod. Code 1932, § 837; T.C.A. (orig. ed.), § 30-1501; Acts 1987, ch. 322, § 1.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 1 - EXECUTORS AND ADMINISTRATORS (§§ 30-1-101 — 30-1-408) › Part 4 - PUBLIC ADMINISTRATORS, GUARDIANS, AND TRUSTEES (§§ 30-1-401 — 30-1-408) › Section 30-1-402 - Applicable laws, rules, duties and penalties

An administrator, guardian, trustee, or receiver is, in all things, governed by, and subject to, all the laws, rules, duties, and penalties, prescribed by law for the government of other administrators, guardians, and receivers, and the management and settlement of estates and trusts.
Amended by 2022 Tenn. Acts, ch. 912, s 4, eff. 7/1/2022.
Acts 1870, ch. 98, § 2; Shan., § 584; Code 1932, § 838; T.C.A. (orig. ed.), § 30-1502; Acts 1987, ch. 322, § 2.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 1 - EXECUTORS AND ADMINISTRATORS (§§ 30-1-101 — 30-1-408) › Part 4 - PUBLIC ADMINISTRATORS, GUARDIANS, AND TRUSTEES (§§ 30-1-401 — 30-1-408) › Section 30-1-403 - Death or removal - Filling vacancy

On the death, removal, or resignation of an administrator, guardian, trustee, or receiver provided for in this part, the county legislative body may fill the vacancy for the unexpired term.
Amended by 2022 Tenn. Acts, ch. 912, s 5, eff. 7/1/2022.
Acts 1870, ch. 98, § 3; Shan., § 585; Code 1932, § 839; T.C.A. (orig. ed.), § 30-1503; Acts 1987, ch. 322, § 3.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 1 - EXECUTORS AND ADMINISTRATORS (§§ 30-1-101 — 30-1-408) › Part 4 - PUBLIC ADMINISTRATORS, GUARDIANS, AND TRUSTEES (§§ 30-1-401 — 30-1-408) › Section 30-1-404 - Duty to enter upon administration, guardianship, or trusteeship of estates - Appointment of public trustee - Appointment of public receiver to determine need for temporary or permanent receiver

(a)
Should any person entitled to the administration of an estate, or to the guardianship of any minor, or person found to be incompetent, fail or neglect to apply to the probate court having jurisdiction, and take out letters of administration and guardianship, within six (6) months after the death of the intestate, or within three (3) months after the settlement of the estate by the administrator, it shall be the duty of the administrator or guardian, provided for in this part immediately to enter upon the administration or guardianship of the estates, as the case may be, first applying to the probate court, for the necessary letters of administration or guardianship.
(b)
Should any person entitled to serve as trustee under an inter vivos or testamentary instrument die, decline to serve or resign and if:
(1)
There is no individual or corporate successor or substitute trustee designated by the instrument who is willing and qualified to serve;
(2)
The instrument does not contain provisions for the appointment of a successor or substitute and no adult income beneficiary or vested remainderman petitions for the appointment of a successor or substitute trustee within three (3) months after there is a vacancy in office or all sooner waive this right; or
(3)
The court in its discretion in a proceeding pursuant to §
35-15-414
determines that a small trust should not be terminated but a successor trustee should be appointed;
the court may appoint the public trustee who shall be granted letters of trusteeship and immediately enter into the administration of the trust, provided that the then market value of the trust estate does not exceed one hundred thousand dollars ($100,000). The public trustee shall file accountings with the court each twelve (12) months after the public trustee's qualification.
(c)
Upon motion of the personal representative, an interested party, or upon the court's own motion, the probate court or chancery court may appoint the public receiver to determine the need for a temporary or permanent receiver. The public receiver must submit a report of its recommendations to the court, which report must be served via United States mail to the personal representative and all known interested parties. The report is subject to the same review as a report of a special master. Upon a hearing, the court may appoint a receiver with such powers as are necessary, consistent with those extended to receivers in absentees' estates.
Amended by 2022 Tenn. Acts, ch. 912, s 6, eff. 7/1/2022.
Acts 1870, ch. 98, § 4; 1870-1871, ch. 114; 1883, ch. 108, § 1; Shan., § 586; Code 1932, § 840; T.C.A. (orig. ed.), § 30-1504; Acts 1987, ch. 322, § 4; 2009 , ch. 477, § 2.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 1 - EXECUTORS AND ADMINISTRATORS (§§ 30-1-101 — 30-1-408) › Part 4 - PUBLIC ADMINISTRATORS, GUARDIANS, AND TRUSTEES (§§ 30-1-401 — 30-1-408) › Section 30-1-405 - Letters of administration - When granted

The letters of administration may be granted, at any time within six (6) months after the death of the intestate, when it appears that the persons entitled to letters of administration refuse, after legal notice, to administer, and if it further appears that the interest of the estate requires that letters of administration should be granted.
Acts 1883, ch. 108, § 1; Shan., § 587; Code 1932, § 841; T.C.A. (orig. ed.), § 30-1505.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 1 - EXECUTORS AND ADMINISTRATORS (§§ 30-1-101 — 30-1-408) › Part 4 - PUBLIC ADMINISTRATORS, GUARDIANS, AND TRUSTEES (§§ 30-1-401 — 30-1-408) › Section 30-1-406 - Notice given persons entitled to serve - Effect of nonappearance

The notice served on those entitled to administer shall fix a day on which they may appear and qualify, and their failure shall be sufficient evidence of their refusal, and the day so fixed shall not be less than two (2) months after the death of the intestate.
Acts 1883, ch. 108, § 1; Shan., § 588; Code 1932, § 842; T.C.A. (orig. ed.), § 30-1506.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 1 - EXECUTORS AND ADMINISTRATORS (§§ 30-1-101 — 30-1-408) › Part 4 - PUBLIC ADMINISTRATORS, GUARDIANS, AND TRUSTEES (§§ 30-1-401 — 30-1-408) › Section 30-1-407 - Compensation for services

The administrator, guardian, trustee, or receiver shall have all the powers, and shall receive the same compensation, that other administrators, guardians, trustees, and receivers are entitled to receive for their services, and this compensation shall be approved by the court at the time of periodic accountings or in the order appointing the administrator, guardian, trustee, or receiver.
Amended by 2022 Tenn. Acts, ch. 912, s 8, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 912, s 7, eff. 7/1/2022.
Acts 1870, ch. 98, § 5; Shan., § 589; Code 1932, § 843; T.C.A. (orig. ed.), § 30-1507; Acts 1987, ch. 322, § 5.
2023 Tennessee Code › Title 30 - ADMINISTRATION OF ESTATES (§§ 30-1-101 — 30-5-105) › Chapter 1 - EXECUTORS AND ADMINISTRATORS (§§ 30-1-101 — 30-1-408) › Part 4 - PUBLIC ADMINISTRATORS, GUARDIANS, AND TRUSTEES (§§ 30-1-401 — 30-1-408) › Section 30-1-408 - Renewal of bond

The county legislative body shall have the power, on the death, removal, or insolvency of any one (1) or more of the sureties on the bond of the administrator, guardian, trustee, or receiver, to require the administrator, guardian, trustee, or receiver to renew that person's bond, or give other good and sufficient security for the performance of that person's duties, and to take any and all steps that may be necessary to secure the estates committed to the charge of the administrator, guardian, trustee, or receiver.
Amended by 2022 Tenn. Acts, ch. 912, s 9, eff. 7/1/2022.
Acts 1870, ch. 98, § 6; Shan., § 590; Code 1932, § 844; T.C.A. (orig. ed.), § 30-1508; Acts 1987, ch. 322, § 6.
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 1 - ALLOWANCES TO FAMILY (§§ 30-2-101 — 30-2-105) › Section 30-2-101 - Right of surviving spouse and minor children to specific property

(a)
(1)
The surviving spouse of an intestate decedent, or a spouse who elects against a decedent's will, is entitled to receive from the decedent's estate the following exempt property having a fair-market value (in excess of any indebtedness and other amounts secured by any security interests in the property) that does not exceed fifty thousand dollars ($50,000):
(A)
Tangible personal property normally located in, or used in or about, the principal residence of the decedent and not used primarily in a trade or business or for investment purposes, and
(B)
A motor vehicle or vehicles not used primarily in a trade or business.
(2)
If there is no surviving spouse, the decedent's unmarried minor children are entitled as tenants in common only to exempt property as described in subdivision (a)(1)(A). Rights to this exempt property are in addition to any benefit or share passing to the surviving spouse or unmarried minor children by intestate succession, elective share, homestead or year's support allowance.
(b)
Where a deceased dies intestate, leaving a surviving spouse, until letters of administration are granted, the surviving spouse may take into possession and make use of any crop then growing and of the provisions on hand as may be necessary for the support of the surviving spouse and family; the surviving spouse may also use the stock, implements and plantation utensils for the purpose of completing, securing and selling the crop.
(c)
The surviving spouse or other custodian of unmarried minor children shall apply for the property named in this section before it is distributed or sold, but the property so delivered shall in no case be liable for the payment of claims against the estate. If the surviving spouse or unmarried minor children do not receive the property allowed under this section and the property is sold by executor or administrator, the court shall order the money to be paid to the surviving spouse or unmarried minor children at any time before the money is paid out for claims or distributed.
(d)
Any action to set aside the property designated in this section shall be brought within the limits set by §
31-4-102
.
Acts 1967, ch. 146, § 1; 1969, ch. 135, §§ 1, 2; T.C.A., §§ 30-801, 30-802; Acts 1985, ch. 140, § 9; 1997, ch. 426, § 3; 1999, ch. 491, § 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 1 - ALLOWANCES TO FAMILY (§§ 30-2-101 — 30-2-105) › Section 30-2-103 - Designation of beneficiary - Wages and debts owed deceased employee

(a)
(1)
An employee may designate a beneficiary to receive payment for any wages or salary due such employee at the time of the employee's death.
(2)
The employer is encouraged to inform the employee of this right at the time the employee is hired.
(3)
If the employee fails to designate such beneficiary as provided for in subdivision (a)(1), the employer shall pay out such wages and salary according to subsection (b).
(b)
(1)
A sum not exceeding ten thousand dollars ($10,000) is authorized to be paid directly to the surviving spouse of a decedent, but if none, then to the surviving children of the decedent as tenants in common, as follows:
(A)
By an employer any wages or other compensation owed a deceased employee at the time of the employee's death;
(B)
By any other person owing, or holding funds for, a decedent if six (6) months have passed since the decedent's death without application having been made for the appointment of a personal representative. However, if such funds exceed ten thousand dollars ($10,000), the excess shall be paid to the personal representative or as otherwise ordered by the court.
(2)
All sums paid pursuant to this subsection (b) shall be charged against the elective share, homestead allowance, and year's support allowance as applicable. If one entitled to receive payment hereunder is a minor, the sum shall be paid to the guardian or custodian for the minor's benefit.
Acts 1967, ch. 146, § 1; 1969, ch. 135, § 4; 1971, ch. 291, § 1; impl. am. Acts 1976, ch. 529, § 1; T.C.A., § 30-804; Acts 1987, ch. 322, § 7; 1993, ch. 449, §§ 4, 5; 1995, ch. 182, § 1; 1997, ch. 426, § 4.
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 1 - ALLOWANCES TO FAMILY (§§ 30-2-101 — 30-2-105) › Section 30-2-104 - Death of surviving spouse or death, majority, or marriage of minor child during year

(a)
Death of a surviving spouse within the one-year period for which the allowance is provided under §
30-2-102
, for the surviving spouse's maintenance, shall not affect the vested right of the surviving spouse to the allowance or the ordering thereof by the court.
(b)
If an unmarried minor child dies, marries or comes of age, no allowance shall be made under §
30-2-102
for the minor's maintenance for any period after the child's death, marriage or coming of age.
Acts 1967, ch. 146, § 1; T.C.A., § 30-805.
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 1 - ALLOWANCES TO FAMILY (§§ 30-2-101 — 30-2-105) › Section 30-2-105 - Administrator as trustee for children's allowance

The administrator shall be trustee for the management of the property so set apart as the allowance for the children, until the appointment of a guardian, to whom the administrator shall pay it over, and take receipt.
Acts 1967, ch. 146, § 1; T.C.A., § 30-806.
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 2 - HOMESTEAD (§§ 30-2-201 — 30-2-211) › Section 30-2-201 - Assignment of homestead

The homestead in lands of a decedent, inuring to the benefit of a surviving spouse or minor children, shall be assigned and set apart in the manner provided in this part.
Acts 1873, ch. 98, § 1; Shan., § 3808; Code 1932, § 7729; mod. C. Supp. 1950, § 7729; Acts 1976, ch. 529, § 12; T.C.A. (orig. ed.), § 30-901.
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 2 - HOMESTEAD (§§ 30-2-201 — 30-2-211) › Section 30-2-202 - Jurisdiction

The probate court, at any of its sessions, shall have jurisdiction concurrent with the circuit and chancery courts, of applications for laying off of homestead.
Code 1858, § 2407 (deriv. Acts 1849-1850, ch. 77, § 1); Shan., § 4150; mod. Code 1932, § 8367; Acts 1976, ch. 529, § 13; T.C.A. (orig. ed.), § 30-902.
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 2 - HOMESTEAD (§§ 30-2-201 — 30-2-211) › Section 30-2-203 - Notice of application

(a)
When an application for homestead is filed pursuant to this part, it shall be served upon the personal representative, if one has been appointed, and to the heirs or devisees and distributees or legatees who reside in this state. If there is a minor interested, the guardian shall also be served, and, if no guardian has been appointed, the courts shall appoint a guardian ad litem for the minor. Service of the application upon the parties named pursuant to this subsection (a), shall constitute adequate notice of the application for homestead.
(b)
It shall not be necessary to serve the application for homestead upon nonresidents, but any nonresident interested in the estate and not so served shall have three (3) years from the date of the application to move for a rehearing of the cause. The filing of a petition for a rehearing and service of the petition on all interested parties shall constitute adequate notice of the rehearing. The cost of the rehearing shall be taxed as may be deemed just by the court.
Code 1858, §§ 2408 -- 2410 (deriv. Acts 1849-1850, ch. 77, § 3-5); Shan., §§ 4151 -- 4153; mod. Code 1932, §§ 8368 -- 8370; impl. am. Acts 1976, ch. 529, § 1; T.C.A. (orig. ed.), §§ 30-903 -- 30-905; Acts 2002, ch. 735, § 14.
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 2 - HOMESTEAD (§§ 30-2-201 — 30-2-211) › Section 30-2-204 - Application for homestead - Action to set aside property so designated

(a)
The surviving spouse may make application to any one of the courts named in §
30-2-202
in the county where the husband or wife, as the case may be, last resided before death, for the appointment of two (2) freeholders or householders of the county, unconnected by affinity or consanguinity with those interested in the estate of the deceased, to allot and set apart the homestead to the applicant, in connection with the county surveyor, or the surveyor's deputy.
(b)
Any action to set aside the property designated in this section shall be brought within the time limits set by §
31-4-102
.
Code 1858, § 2411 (deriv. Acts 1849-1850, ch. 77, § 2); Shan., § 4154; mod. Code 1932, § 8371; Acts 1976, ch. 529, § 14; T.C.A. (orig. ed.), § 30-906; Acts 1999, ch. 491, § 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 2 - HOMESTEAD (§§ 30-2-201 — 30-2-211) › Section 30-2-205 - Appointment of substitute surveyor

If the surveyor is connected with any of the parties interested, either by affinity or consanguinity, the court shall appoint some competent surveyor, other than the surveyor's deputy, in the surveyor's place.
Code 1858, § 2412 (deriv. Acts 1849-1850, ch. 77, § 2); Shan., § 4155; mod. Code 1932, § 8372; T.C.A. (orig. ed.), § 30-907.
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 2 - HOMESTEAD (§§ 30-2-201 — 30-2-211) › Section 30-2-206 - Proceedings summary

The proceedings upon applications for homestead are summary, unless the applicant is the personal representative, and shall be heard and determined at the first term after notice.
Code 1858, § 2413 (deriv. Acts 1784 (Apr.), ch. 22, § 10); Shan., § 4156; mod. Code 1932, § 8373; T.C.A. (orig. ed.), § 30-908.
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 2 - HOMESTEAD (§§ 30-2-201 — 30-2-211) › Section 30-2-207 - Order delivered to surveyor - Commissioners notified to lay off homestead - Oath

The clerk of the court shall, within forty (40) days after the adjournment of the court, deliver to the surveyor a copy of the order, and thereupon the surveyor shall notify the two (2) commissioners of the time and place, to be designated by the surveyor, of laying off the homestead; before entering upon that duty, the surveyor shall administer to the commissioners an oath for the faithful and true performance of that duty.
Code 1858, § 2415 (deriv. Acts 1849-1850, ch. 77, § 6; 1851-1852, ch. 95, § 1); Shan., § 4158; mod. Code 1932, § 8375; impl. am. Acts 1976, ch. 529, § 1; T.C.A. (orig. ed.), § 30-909.
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 2 - HOMESTEAD (§§ 30-2-201 — 30-2-211) › Section 30-2-208 - Out-of-county lands

Should any of the lands to which the applicant may be entitled as homestead lie out of the county where the application is made, the commissioners, if so directed in the order of court, shall view and take them into estimate.
Code 1858, § 2415 (deriv. Acts 1849-1850, ch. 77, § 6; 1851-1852, ch. 95, § 1); Shan., § 4158; mod. Code 1932, § 8375; Acts 1976, ch. 529, § 15; T.C.A. (orig. ed.), § 30-910.
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 2 - HOMESTEAD (§§ 30-2-201 — 30-2-211) › Section 30-2-209 - Assignment out of sale proceeds

If real estate is so situated that homestead cannot be set apart, as provided in this part, then the realty shall be sold and thirty-five thousand dollars ($35,000) of the proceeds invested in real estate, under the direction of the court having jurisdiction to be held as homestead subject to the law governing homestead, or if the court deems it more desirable and practical, it may order the payment of thirty-five thousand dollars ($35,000) in cash or other personal property outright and in fee to the surviving spouse, if any, otherwise to the minor children, if any, in lieu of all other homestead rights in the realty of the deceased.
Amended by 2022 Tenn. Acts, ch. 759, s 1, eff. 7/1/2022.
Acts 1873, ch. 98, § 1; Shan., §§ 3808, 4145; mod. Code 1932, §§ 7729, 8357; impl. am. Acts 1933, ch. 72, § 1; C. Supp. 1950, § 7729; Acts 1976, ch. 529, § 16; 1979, ch. 61, § 9; T.C.A. (orig. ed.), § 30-912; Acts 1985, ch. 140, § 11.
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 2 - HOMESTEAD (§§ 30-2-201 — 30-2-211) › Section 30-2-210 - Assignment of homestead and plat recorded

The commissioners shall, in their report, exhibit a plat of the homestead, and also plainly set forth the same by metes and bounds where the homestead can be so assigned, and if the report is confirmed by the court, the clerk shall enter it in full with the plat on the records of the court.
Code 1858, § 2417 (deriv. Acts 1849-1850, ch. 77, § 7); Shan., § 4160; Code 1932, § 8377; Acts 1976, ch. 529, § 17; T.C.A. (orig. ed.), § 30-913.
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 2 - HOMESTEAD (§§ 30-2-201 — 30-2-211) › Section 30-2-211 - Costs

The costs of the application shall be paid by the applicant unless the court otherwise adjudge.
Code 1858, § 2418 (deriv. Acts 1815, ch. 85, § 3); Shan., § 4161; mod. Code 1932, § 8378; T.C.A. (orig. ed.), § 30-914.
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 30-2-302 - Recording of inventory

The clerk shall present the inventory to the court, and, if it appears to be regular, the court shall order it to be recorded in the book of inventories.
Code 1858, § 2242 (deriv. Acts 1851-1852, ch. 180, § 1); Shan., § 3978; Code 1932, § 8190; T.C.A (orig. ed.), § 30-502.
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 30-2-303 - Sale of decedent's effects

Unless otherwise directed by the will and unless the specific personal property is the subject of a bequest, the personal representative of a testate or intestate estate may, in the personal representative's discretion, sell the personal property of the decedent at public or private sale, for cash or on terms, in such manner and for such prices as the personal representative may deem advisable; but the personal representative shall not make a private sale to the personal representative, to business associates, to members of the personal representative's immediate family or to their agents without court approval or the written consent of all residuary distributees of the estate. The personal representative may employ persons or firms to conduct the sale and shall receive credit for all reasonable expenses of the sale in the final accounting.
Code 1858, §§ 2243-2245 (deriv. Acts 1723, ch. 10, § 2; 1797, ch. 7, § 5); Shan., §§ 3979-3981; mod. Code 1932, §§ 8191-8193; T.C.A. (orig. ed.), §§ 30-503 -- 30-505; Acts 1985, ch. 140, § 12.
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 30-2-304 - Apportionment of rents upon death of life tenant

(a)
Where a tenant for life of real estate creates a lease out of the tenant's estate for one (1) or more years, and dies before the expiration of the lease, and before the term fixed for the payment of the rent, the rent may be apportioned, and the executor or administrator of the tenant for life may recover of the lessee, pro rata, according to the contract, and for the time the lessee had the use of the property until the death of the tenant for life.
(b)
Whenever any person has rented from a life tenant by written contract signed by the life tenant any real estate, adapted to and rented for farming or agricultural purposes, for a period not exceeding one (1) year, and the written contract has been entered into after December 1st of the preceding year, and the life tenant dies after the succeeding January 1st and during the year for which the contract is made, the lessee shall have the right to hold possession of such premises until the end of the year or term as against the remaindermen and all other persons; and in this case the rents on the premises for the year shall be apportioned between the estate of the deceased life tenant and the remainderman as provided by subsection (a).
Acts 1877, ch. 159; 1925, ch. 51, § 1; Shan. Supp., §§ 4184, 4184a1; Code 1932, §§ 8406, 8407; T.C.A. (orig. ed.), §§ 30-506, 30-507.
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 30-2-305 - Debts chargeable against all assets

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

Triplicate copies of the first pleading filed in original actions against a personal representative shall be filed with the clerk of the court where the administration originated, to be noted by the clerk in the record of claims as are other claims filed.
Acts 1939, ch. 175, § 6; C. Supp. 1950, § 8196.7 (Williams, § 8196.6); T.C.A. (orig. ed.), § 30-511; Acts 1985, ch. 140, § 14.
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 30-2-309 - Statute of limitations arrested by filing claim

The filing of claims within the time and in the manner provided in §§
30-2-307
and
30-2-308
shall operate to arrest any statute of limitations applicable to the claims.
Acts 1939, ch. 175, § 2; C. Supp. 1950, § 8196.2; T.C.A. (orig. ed.), § 30-512.
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 30-2-310 - Limitation on time of filing claims

(a)
All claims and demands not filed with the probate court clerk, as required by §§
30-2-306
- 30-2-309, or, if later, in which suit has not been brought or revived before the end of twelve (12) months from the date of death of the decedent, shall be forever barred.
(b)
Notwithstanding subsection (a), all claims and demands not filed by the state with the probate court clerk, as required by §§
30-2-306
- 30-2-309, or, if later, in which suit has not been brought or revived before the end of twelve (12) months from the date of death of the decedent, shall be forever barred. This statute of limitations shall not apply to claims for taxes. Claims for state taxes shall continue to be governed by §
67-1-1501
.
(c)
Notwithstanding subsections (a) and (b), §
71-5-116
, and §§
30-2-306
- 30-2-309:
(1)
If the bureau of TennCare receives a notice to creditors as defined in §
30-2-306(b)
within twelve (12) months of the decedent's date of death, then the bureau's claims and demands against the decedent's estate are forever barred unless the bureau files a claim with the probate court clerk or brings or revives suit within the later of:
(A)
Twelve (12) months from the decedent's date of death; or
(B)
Four (4) months from the date when the bureau received the notice to creditors;
(2)
If the bureau of TennCare does not receive a notice to creditors as defined in §
30-2-306(b)
within twelve (12) months of the decedent's date of death, then the bureau's claims and demands against the decedent's estate are forever barred unless the bureau files a claim with the probate court clerk or files a petition to open or re-open a decedent's estate within forty-eight (48) months of the decedent's date of death;
(3)
If a claim is not filed by the bureau of TennCare pursuant to subdivision (c)(1) or (c)(2), then the requirements of §
71-5-116(c)(2)
do not apply.
Amended by 2021 Tenn. Acts, ch. 102, s 1, eff. 4/7/2021.
Amended by 2014 Tenn. Acts, ch. 883, s 1, eff. 7/1/2014.
Acts 1939, ch. 175, § 3A, as added by Acts 1947, ch. 213, § 2; 1949, ch. 176, § 1; mod. C. Supp. 1950, § 8196.4 (Williams, § 8196.3a); Acts 1971, ch. 229, § 3; T.C.A. (orig. ed.), § 30-513; Acts 1989, ch. 395, § 4; 2000, ch. 970, § 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 3 - INVENTORY AND MANAGEMENT (§§ 30-2-301 — 30-2-324) › Section 30-2-311 - Waiver of filing small claims - Payment

Notwithstanding §§
30-2-307
- 30-2-310, the personal representative, if in the personal representative's discretion it is deemed proper, may waive the requirement for the filing of and may pay any claim not exceeding one thousand dollars ($1,000) principal amount. If the act of the personal representative in so doing is brought into question, the personal representative will have the burden of showing the validity of the claim so paid.
C. Supp. 1950, § 8196.2; Acts 1979, ch. 90, § 1; T.C.A. (orig. ed.), § 30-514; Acts 1987, ch. 322, § 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 30-2-312 - Entry of claim by clerk - Fees - Notice

Each claim filed with the clerk shall be entered by the clerk in a well bound book, in which the clerk shall set forth the title of the estate, the name and address of the creditor as reflected by the claim filed, the nature and amount of the claim and the date of filing, which book shall be provided and paid for as are other records in the clerk's office. The fees authorized by §
8-21-401(c)(1)(A)
shall be paid to the clerk by the claimant at the time such claim is filed. If notice is required to be given to the residuary beneficiary or beneficiaries of the decedent's estate as required by §
30-2-313(b)
, the claimant shall pay to the clerk on the filing of the claim the fee provided by §
8-21-401(c)(9)
for each residuary beneficiary to whom notice is to be given.
Amended by 2017 Tenn. Acts, ch. 290,s 15, eff. 7/1/2017.
Acts 1939, ch. 175, § 2; C. Supp. 1950, § 8196.2; impl. am. Acts 1951, ch. 166, § 1(38); 1983, ch. 252, § 1; T.C.A. (orig. ed.), § 30-515.
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 30-2-313 - Notice of filing claim - Exceptions to claims - Jury trials upon demand

(a)
The clerk of the court, within five (5) days after the filing of a claim and its entry in the claim book as provided in §
30-2-312
, shall give written notice to the personal representative and the attorney of record of the filing of the claim, by mailing each a true and correct copy of the claim.
(b)
If a personal representative of the decedent's estate files a claim against the estate of the decedent, the clerk of the court, within five (5) days after the filing of a claim and the entry thereof in the claim book as provided in §
30-2-312
, shall give written notice to each residuary beneficiary of the decedent's estate of the filing of the claim, by mailing each a true and correct copy of the claim. The notice required by this subsection (b) is in addition to the notice required to be given by subsection (a).
(c)
A claim shall not become a final judgment against the estate until after the expiration of the exception period prescribed in §
30-2-314(a)
.
(d)
Should the claimant or the party excepting desire a trial by jury, it shall be demanded by that party in the first claim or exception filed. However, a claimant who has not demanded a jury in the claimant's claim may do so within five (5) days after receipt of notice of the filing of exceptions to the claimant's claim by filing a written demand for a jury with the probate court clerk.
Amended by 2017 Tenn. Acts, ch. 290,s 2, eff. 7/1/2017.
Acts 1939, ch. 175, § 2; 1947, ch. 137, § 2; 1947, ch. 213, § 1; C. Supp. 1950, § 8196.2; T.C.A. (orig. ed.), § 30-516; Acts 1985, ch. 140, § 15; 1989, ch. 395, §§ 5, 6.
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 30-2-315 - Trial of disputed claims where no jury demanded - Appeals - Independent suits, effect

(a)
(1)
The clerk shall, within ten (10) days after the filing of exceptions to a claim, in which matter no jury is demanded, as herein provided, fix a date for the hearing thereof by the court, and mail notice of the hearing to the personal representative, to the claimant whose claim has been excepted to, and to the party filing the exception. The date so fixed shall be not less than fifteen (15) days after the date of the mailing of the notice, nor more than eight (8) months after the date of the notice to creditors.
(2)
The court shall hear and determine all issues arising upon all the exceptions.
(3)
No other pleadings shall be required and the testimony may be taken orally or by deposition.
(4)
The court shall assess the costs accruing in consequence of the exceptions in accordance with its discretion, and all costs assessed against the personal representative shall be a proper charge against the estate.
(b)
A judgment upon the findings of the court shall be entered in the court and from the judgment an appeal may be perfected within thirty (30) days from the date of entry of the judgment, to the court of appeals or the supreme court, as the case may be. The procedure on appeal shall be governed by the Tennessee Rules of Appellate Procedure.
(c)
(1)
Notwithstanding §§
30-2-306
- 30-2-314, whenever there is instituted in any other court of competent jurisdiction an independent suit against a personal representative involving liability of the estate, and a claim founded on the same cause of action is or has been filed against the estate in the manner provided in §§
30-2-307
and
30-2-308
, which claim has not been adjudicated by the court in which the administration is pending, the court in which the administration is pending shall hold in abeyance any action on the claim until the final determination of the independent suit, whereupon, on the filing of a certified copy of the final judgment or decree with the clerk of the court in which the administration is pending, that court is authorized to enter judgment accordingly.
(2)
This subsection (c) is not intended to deprive the judgment creditor of any other remedy provided by law for the enforcement of the final judgment or decree rendered in the independent suit.
Acts 1939, ch. 175, § 3A, as added by Acts 1947, ch. 213, § 2; mod. C. Supp. 1950, § 8196.4 (Williams, § 8196.3a); Acts 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 30-518; Acts 1985, ch. 140, § 17.
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 30-2-316 - Judgment on claims where no exceptions filed

After the lapse of ninety (90) days from and after the expiration of the time for entering exceptions to claims filed against the estate, the court may, upon the written application of any creditor having a matured claim on which no independent suit is pending, to whose duly filed claim no exception has been filed as provided in §
30-2-314
, enter judgment for the creditor against the estate; provided, that not less than five (5) days' prior written notice of intention to file an application shall be given to the personal representative, stating the time at which the application is to be presented to the court.
C. Supp. 1950, § 8196.5; T.C.A. (orig. ed.), § 30-519.
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 30-2-317 - Priority of claims - Payment - Contested or unmatured claims

(a)
All claims or demands against the estate of any deceased person shall be divided into the following classifications, which shall have priority in the order shown:
(1)
First: Costs of administration, including, but not limited to, premiums on the fiduciary bonds and reasonable compensation to the personal representative and the personal representative's counsel;
(2)
Second: Reasonable funeral expenses;
(3)
Third: Taxes and assessments imposed by the federal or any state government or subdivision of the federal or any state government, including claims by the bureau of TennCare pursuant to §
71-5-116
and including city and county governments; and
(4)
Fourth: All other demands that may be filed as aforementioned within four (4) months after the date of notice to creditors.
(b)
All demands against the estate shall be paid by the personal representative in the order in which they are classed, and no demand of one class shall be paid until the claims of all prior classes are satisfied or provided for; and if there are not sufficient assets to pay the whole of any one class, the claims in that class shall be paid pro rata.
(c)
Debts due upon bills single, bonds, bills of exchange and promissory notes, whether with or without seal, and upon settled and liquidated accounts signed by the debtor, are of equal dignity, unless otherwise provided, and are to be paid accordingly.
(d)
The personal representative shall hold aside sufficient funds or other assets to pay each contested or unmatured claim (or the proper ratable portion thereof, as the case may be) with interest (if the claim be one bearing interest), until it is determined whether or not the claim is to be paid, or until an unmatured claim has reached maturity, also sufficient assets to meet the expenses of pending litigation and costs of court and any unpaid taxes.
Amended by 2014 Tenn. Acts, ch. 883,s 2, eff. 7/1/2014.
Code 1858, § 2250 (deriv. Acts 1786, ch. 4, § 2); Shan., § 3983; mod. Code 1932, § 8195; Acts 1939, ch. 175, § 4; 1947, ch. 137, § 1; C. Supp. 1950, § 8196.5 (Williams, § 8196.4); Acts 1971, ch. 229, § 5; T.C.A. (orig. ed.), § 30-520; Acts 1997, ch. 426, § 7; 2001, ch. 400, § 1; 2006, ch. 639, § 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 3 - INVENTORY AND MANAGEMENT (§§ 30-2-301 — 30-2-324) › Section 30-2-318 - Payment of claims prior to time fixed for payment

(a)
At any time prior to the expiration of the period fixed for the payment of claims, the personal representative may pay the preferred claims as provided in §
30-2-317
for which the estate may be liable, and upon order of court any debt of the decedent for which security may have been given that is in danger of being sold by way of foreclosure to the detriment of the estate.
(b)
If the executor or administrator knows or is willing to undertake that an estate is solvent, the executor or administrator may pay debts, but if the executor or administrator pays any debts other than those specified in subsection (a) prior to the expiration of the time fixed for the payment of claims, and the estate proves insolvent, the executor or administrator and the sureties of the executor or administrator shall be liable to each and every creditor for the creditor's ratable share of the insolvent estate.
Code 1858, § 2325 (deriv. Acts 1851-1852, ch. 283, § 1); Shan., § 4064; mod. Code 1932, § 8260; modified; Acts 1939, ch. 175, § 4; C. Supp. 1950, § 8196.5 (Williams, § 8196.4); T.C.A. (orig. ed.), §§ 30-521, 30-522.