reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 40 - UNIFORM COMMERCIAL REAL ESTATE RECEIVERSHIP ACT [As added by2018Tenn. Acts, ch.731] (§§ 29-40-101 — 29-40-128) › Section 29-40-124 - Receivership in another state - Ancillary proceeding

(a)
The court may appoint a receiver appointed in another state, or that person's nominee, as an ancillary receiver with respect to property located in this state or subject to the jurisdiction of the court for which a receiver could be appointed under this chapter, if:
(1)
The person or nominee would be eligible to serve as receiver under §
29-40-107
; and
(2)
The appointment furthers the person's possession, custody, control, or disposition of property subject to the receivership in the other state.
(b)
The court may issue an order that gives effect to an order entered in another state appointing or directing a receiver.
(c)
Unless the court orders otherwise, an ancillary receiver appointed under subsection (a) has the rights, powers, and duties of a receiver appointed under this chapter.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 40 - UNIFORM COMMERCIAL REAL ESTATE RECEIVERSHIP ACT [As added by2018Tenn. Acts, ch.731] (§§ 29-40-101 — 29-40-128) › Section 29-40-125 - Effect of enforcement by mortgagee

(a)
A request by a mortgagee for appointment of a receiver, the appointment of a receiver, or application by a mortgagee of receivership property or proceeds to the secured obligation does not:
(1)
Make the mortgagee a mortgagee in possession of the real property;
(2)
Make the mortgagee an agent of the owner;
(3)
Constitute an election of remedies that precludes a later action to enforce the secured obligation;
(4)
Make the secured obligation unenforceable;
(5)
Limit any right available to the mortgagee with respect to the secured obligation; or
(6)
Except as otherwise provided in subsection (b), bar a deficiency judgment pursuant to the law of this state, other than this chapter, governing or relating to a deficiency judgment.
(b)
If a receiver sells receivership property that pursuant to §
29-40-116(c)
is free and clear of a lien, the ability of a creditor to enforce an obligation that had been secured by the lien is subject to the law of this state, other than this chapter, relating to a deficiency judgment.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 40 - UNIFORM COMMERCIAL REAL ESTATE RECEIVERSHIP ACT [As added by2018Tenn. Acts, ch.731] (§§ 29-40-101 — 29-40-128) › Section 29-40-126 - Uniformity of application and construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to the law's subject matter among states that enact it.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 40 - UNIFORM COMMERCIAL REAL ESTATE RECEIVERSHIP ACT [As added by2018Tenn. Acts, ch.731] (§§ 29-40-101 — 29-40-128) › Section 29-40-127 - Relation to electronic signatures in global and national commerce act

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act (
15 U.S.C. § 7001
et seq.) but does not modify, limit, or supersede Section 101(c) of that act (
15 U.S.C. § 7001(c)
) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (
15 U.S.C. § 7003(b)
).
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 40 - UNIFORM COMMERCIAL REAL ESTATE RECEIVERSHIP ACT [As added by2018Tenn. Acts, ch.731] (§§ 29-40-101 — 29-40-128) › Section 29-40-128 - Transition

This chapter does not apply to a receivership for which the receiver was appointed before July 1, 2018.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 41 - ABUSIVE CIVIL ACTIONS (§§ 29-41-101 — 29-41-107) › Section 29-41-102 - Applicability

This chapter shall only apply to a civil action filed by a plaintiff against a defendant or defendants with whom the plaintiff shares a civil action party relationship.
Added by 2018 Tenn. Acts, ch. 872,s 1, eff. 7/1/2018.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 41 - ABUSIVE CIVIL ACTIONS (§§ 29-41-101 — 29-41-107) › Section 29-41-103 - Defendant's right to raise claim - Hearing on court's own motion

(a)
If a civil action is filed and the defendant to the action believes it to be an abusive civil action, the claim may be raised by the defendant:
(1)
In the answer to the civil action; or
(2)
By motion made at any time during the civil action.
(b)
The court may, on its own motion, determine that a hearing pursuant to §
29-41-104
is necessary to determine if the civil action is an abusive civil action.
Added by 2018 Tenn. Acts, ch. 872, s 1, eff. 7/1/2018.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 41 - ABUSIVE CIVIL ACTIONS (§§ 29-41-101 — 29-41-107) › Section 29-41-104 - Hearing to determine merits of defendant's allegations

(a)
If the defendant to a civil action alleges, either by answer to the civil action or by motion made at any time the action is pending, that the action constitutes an abusive civil action and that the person filing the action is an abusive civil action plaintiff, the court shall conduct a hearing to determine the merits of the defendant's allegations.
(b)
At the time set for the hearing on the alleged abusive civil action, the court shall hear all relevant testimony and may require any affidavits, documentary evidence, or other records the court deems necessary.
Added by 2018 Tenn. Acts, ch. 872,s 1, eff. 7/1/2018.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 41 - ABUSIVE CIVIL ACTIONS (§§ 29-41-101 — 29-41-107) › Section 29-41-105 - Evidence creating rebuttable presumption

At the hearing conducted pursuant to §
29-41-104
, evidence of any of the following creates a rebuttable presumption that the civil action is an abusive civil action and that the person filing the action is an abusive civil action plaintiff and prefiling restrictions should be imposed upon the abusive civil action plaintiff:
(1)
The same or substantially similar issues between the same or substantially similar civil action parties that are the subject of the alleged abusive civil action have been litigated against the civil action defendant within the past five (5) years in another court within the judicial district or another judicial district and the actions were dismissed on the merits or with prejudice against the civil action plaintiff;
(2)
The alleged abusive civil action plaintiff has used the same or substantially similar issues that are the subject of the current civil action as the basis for an adverse complaint against the civil action defendant to a regulatory or licensing board and the regulatory or licensing board dismissed the complaint after a contested case hearing in compliance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
(3)
The alleged abusive civil action plaintiff has been sanctioned under Rule 11 of the Tennessee Rules of Civil Procedure or a similar rule or law in another state or the federal government for filing one (1) or more frivolous, vexatious, or abusive civil actions within the past ten (10) years of filing the current civil action alleged to be abusive and the previous frivolous, vexatious, or abusive civil actions involved the same or substantially the same issues between the same or substantially the same civil action parties; or
(4)
A court of record in another judicial district has determined that a civil action filed against the civil action defendant was an abusive civil action and is under or has been under prefiling restrictions in that judicial district.
Added by 2018 Tenn. Acts, ch. 872, s 1, eff. 7/1/2018.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 41 - ABUSIVE CIVIL ACTIONS (§§ 29-41-101 — 29-41-107) › Section 29-41-106 - Dismissal of abusive civil actions - Remedies - Costs

(a)
If the court finds by a preponderance of the evidence that a person filing a civil action is an abusive civil action plaintiff, and that any or all civil actions filed by the abusive civil action plaintiff against the abusive civil action defendant that are pending before the court are abusive civil actions, the civil actions shall be dismissed.
(b)
In addition to dismissal of any pending abusive civil action within the jurisdiction of the court, the court shall:
(1)
Tax all costs of any abusive civil action pending in the court at the time of the court's finding pursuant to subsection (a) against the abusive civil action plaintiff;
(2)
Award the civil action defendant reasonable attorney fees and all reasonable costs of defending the abusive civil action; and
(3)
Impose prefiling restrictions upon any civil action the abusive civil action plaintiff attempts to file for a period of not less than forty-eight (48) months nor more than seventy-two (72) months.
(c)
If a civil action defendant alleges that a claim is an abusive civil action or that the plaintiff is an abusive civil action plaintiff, and the court finds by a preponderance of the evidence that the action was not an abusive civil action or that the plaintiff is not an abusive civil action plaintiff, the court may grant to the plaintiff such remedies as may be just, including granting judgment in favor of the plaintiff, granting partial judgment in favor of the plaintiff, or allowing factual interpretations in favor of the plaintiff.
(d)
If a civil action defendant alleges that a claim is an abusive civil action or that the plaintiff is an abusive civil action plaintiff, and the court finds by a preponderance of the evidence that the action was not an abusive civil action or that the plaintiff is not an abusive civil action plaintiff, the court may:
(1)
Tax all costs related to litigating the issue of whether the action is an abusive civil action or whether the plaintiff is an abusive civil action plaintiff, against the civil action defendant who made the claim; and
(2)
Award the civil action plaintiff reasonable attorney fees and all reasonable costs of defending the claim that the action was an abusive civil action or that the plaintiff was an abusive civil action plaintiff.
Added by 2018 Tenn. Acts, ch. 872, s 1, eff. 7/1/2018.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 42 - QUALIFIED CIVIL LIABILITY ACTIONS (§§ 29-42-101 — 29-42-102) › Section 29-42-101 - Chapter definitions

As used in this chapter:
(1)
"Ammunition" means an ammunition or cartridge case, primer, bullet, or propellant powder designed for use in a firearm;
(2)
"Dealer" means a person who is licensed to engage in business as a dealer in this state in accordance with
18 U.S.C. § 923
;
(3)
"Defective condition" means a condition:
(A)
Of a product that renders it unsafe or unreliable for normal or foreseeable handling; and
(B)
That is the result of the dealer, manufacturer, or seller's negligent deviation from the qualified product design or quality;
(4)
"Engaged in the business" has the same meaning as defined under
18 U.S.C. § 921(a)(21)
, and, as applied to a seller of ammunition, means a person who devotes time, attention, and labor to the sale of ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of ammunition;
(5)
"Firearm" has the same meaning as defined under §
39-11-106
;
(6)
"Manufacturer" means a person who is:
(A)
Engaged in the business of manufacturing a qualified product in intrastate commerce;
(B)
Licensed to engage in business as a manufacturer in accordance with
18 U.S.C. § 923
; and
(C)
(i)
Incorporated in this state; or
(ii)
Headquartered in this state;
(7)
"Negligent entrustment" means the supplying of a qualified product by a seller for use by another person when the seller knows, or reasonably should know, the person to whom the product is supplied is likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the person or others;
(8)
"Person" means an individual, corporation, company, association, firm, partnership, society, joint stock company, governmental entity, or other entity;
(9)
"Qualified civil liability action" means a civil action or proceeding or an administrative proceeding brought by a person against a manufacturer or seller of a qualified product for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief, resulting from the criminal or unlawful misuse of a qualified product by a person;
(10)
"Qualified product" means:
(A)
A firearm;
(B)
Ammunition; or
(C)
A component part of a firearm or ammunition; and
(11)
"Seller" means a person engaged in the business of selling a qualified product at wholesale or retail in this state.
Added by 2023 Tenn. Acts, ch. 409, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 42 - QUALIFIED CIVIL LIABILITY ACTIONS (§§ 29-42-101 — 29-42-102) › Section 29-42-102 - Limitations on civil liability actions against dealers, manufacturers, or sellers

A person shall not bring a qualified civil liability action in a court in this state against a dealer, manufacturer, or seller of a qualified product, except under the following circumstances:
(1)
The dealer, manufacturer, or seller was involved directly in the crime giving rise to the action;
(2)
An action brought against a transferor convicted under
18 U.S.C. § 924(h)
, by a party directly harmed by the conduct of which the transferor is so convicted;
(3)
An action brought against a seller for negligent entrustment or negligence per se;
(4)
An action in which a manufacturer or licensed seller or transferor of a qualified product knowingly violated a state or federal statute applicable to the sale or marketing of the product, and the violation was the sole proximate cause of the harm for which relief is sought, including a case in which the manufacturer or licensed seller or transferor knowingly made a false entry in, or intentionally failed to make appropriate entry in, any record required to be kept under federal or state law with respect to the qualified product, or aided, abetted, or conspired with a person in making a false or fictitious oral or written statement with respect to a fact material to the lawfulness of the sale or other disposition of a qualified product;
(5)
An action for breach of contract or warranty in connection with the purchase of the product; or
(6)
An action for death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the product, when used as intended or in a reasonably foreseeable manner, except that where the discharge of the product was caused by a volitional act that constituted a criminal offense, then such act is considered the sole proximate cause of any resulting death, personal injuries, or property damage.
Added by 2023 Tenn. Acts, ch. 409, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 43 - ZONING PERMIT APPLICATIONS - APPLICABLE PRECEDENT (§ 29-43-101) › Section 29-43-101 - Legislative intent

The general assembly declares that property owners should expect that the merits of a permit application will be judged on the law in effect at the time of application. The interests of property owners to use their property as they see fit and free from the threat of interference from potential local regulation outweighs the need of a local government entity to work out the details of a potential zoning change free from possible violations. To this end, the general assembly rejects the pending ordinance doctrine, described by the Tennessee supreme court in its May 14, 2007, opinion in the case of
Harding Academy v. Metropolitan Government of Nashville and Davidson County
, and declares the doctrine to be contrary to the public policy interests of property owners in this state.
Added by 2023 Tenn. Acts, ch. 453, s 1, eff. 7/1/2023.
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 1 - GENERAL PROVISIONS (§§ 30-1-101 — 30-1-119) › Section 30-1-101 - Letters testamentary or of administration required

No person shall presume to enter upon the administration of any deceased person's estate until the person has obtained letters of administration or letters testamentary.
Code 1858, § 2201 (deriv. Acts 1715, ch. 48, § 4); Shan., § 3933; Code 1932, § 8143; T.C.A. (orig. ed.), § 30-101.
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 1 - GENERAL PROVISIONS (§§ 30-1-101 — 30-1-119) › Section 30-1-102 - Jurisdiction to grant letters

Letters of administration shall be granted by the probate court of the county where the intestate had usual residence at the time of the intestate's death, or, in case the intestate had fixed places of residence in more than one county, the probate court of either county may grant letters of administration upon the intestate's estate.
Code 1858, § 2202 (deriv. Acts 1777 (Nov.), ch. 2, § 62; 1789, ch. 23, § 1; 1794, ch. 1, § 47); Shan., § 3934; mod. Code 1932, § 8144; T.C.A. (orig. ed.), § 30-102.
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 1 - GENERAL PROVISIONS (§§ 30-1-101 — 30-1-119) › Section 30-1-103 - Nonresident decedents - Granting letters testamentary or of administration

(a)
Letters testamentary or of administration may be granted upon the estate of a person who resided, at the time of the person's death, in some other state or territory of the union, or in a foreign country, by the probate court of any county in this state:
(1)
Where the deceased had any goods, chattels, or assets, or any estate, real or personal, at the time of the person's death, or where the goods, chattels, assets, or estate may be when the letters are applied for;
(2)
Where any debtor of the deceased resides;
(3)
Where any debtor of a debtor of the deceased resides, the debt being unpaid when the application is made; or
(4)
Where any suit is to be brought, prosecuted, or defended, in which the estate is interested.
(b)
In the case of subdivision (a)(4):
(1)
If the suit is pending, or to be brought, in a chancery court composed of more than one county, the probate court of any one of the counties may grant the letters; and
(2)
If the suit is pending in an appellate court, the letters shall be granted by the probate court of the county in which the suit originated.
Code 1858, §§ 2203-2205 (deriv. Acts 1831, ch. 24, §§ 1, 2; 1841-1842, ch. 69, § 1; 1841-1842, ch. 165, § 1); Shan., §§ 3935-3937; Code 1932, §§ 8145-8147; T.C.A. (orig. ed.), §§ 30-103 -- 30-105.
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 1 - GENERAL PROVISIONS (§§ 30-1-101 — 30-1-119) › Section 30-1-104 - Service of process upon nonresident representative

(a)
(1)
Whenever a nonresident of the state qualifies in this state as the executor or administrator of a person dying in or leaving assets or property in this state, for the purpose of suing or being sued, or for the purpose of being cited or otherwise notified by the court in which the decedent's estate is being administered, the nonresident shall be deemed to have assented to be treated as a resident citizen of this state.
(2)
In case it is desired by any citizen or resident of this state to sue the administrator or executor in the administrator's or executor's official capacity for any debt or demand, due or owing to any citizen or resident of this state, from the testator or intestate, then, in case of the inability of the officer in whose hands process is placed to find the administrator or executor in this state, notice of the suit, served upon the clerk of the probate court of the county in which the party qualified as administrator or executor, shall be sufficient notice to bring the administrator or executor before the court issuing the process; provided, that the clerk shall notify by United States registered return-receipt mail the executor or administrator of notice having been served upon the clerk.
(b)
The nonresident of the state, qualifying as executor or administrator as aforementioned, shall give to the clerk of the probate court of the county in which the nonresident qualifies the nonresident's address, and a letter so mailed to the nonresident at that address shall be sufficient notice, unless subsequently changed and notice accordingly given to the probate court clerk, in which event notice to the changed address, shall be sufficient.
Acts 1903, ch. 501, §§ 1, 2; Shan., §§ 3937a1, 3937a2; mod. Code 1932, §§ 8148, 8149; T.C.A. (orig. ed.), §§ 30-106, 30-107; Acts 1997, ch. 426, § 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 1 - GENERAL PROVISIONS (§§ 30-1-101 — 30-1-119) › Section 30-1-105 - Recording of letters - Validity of certified copy

All letters testamentary and of administration, when granted by the probate court, shall be recorded in that court, and a certified copy of the record shall be of the same validity as the original letters granted.
Code 1858, § 2206 (deriv. Acts 1837-1838, ch. 125, § 7); Shan., § 3938; mod. Code 1932, § 8150; T.C.A. (orig. ed.), § 30-108.
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 1 - GENERAL PROVISIONS (§§ 30-1-101 — 30-1-119) › Section 30-1-106 - Preference in granting of letters

When any person dies intestate in this state, administration shall be granted to the spouse of that person, if the spouse makes application for administration. For want of application for administration upon the part of the spouse, the administration shall be granted to the next of kin, if such next of kin apply for it. If neither the spouse nor next of kin make application for administration, then administration shall be granted to a creditor proving the decedent's debt on oath before the probate court; provided, that when there is more than one next of kin, the probate court may decide which of the kin shall be entitled to the administration.
Acts 1859-1860, ch. 36, § 1; Shan., § 3939; Code 1932, § 8151; T.C.A. (orig. ed.), § 30-109; Acts 2002, ch. 735, § 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 1 - GENERAL PROVISIONS (§§ 30-1-101 — 30-1-119) › Section 30-1-107 - Appeal from grant of letters

(a)
Any person who claims a right to execute a will, or to administer on the estate of an intestate, and who thinks that person to be injured by an order of the court awarding letters testamentary or of administration, may appeal to the appropriate court in accordance with §
30-2-609
, on giving bond as in other cases of appeal.
(b)
After the appropriate court has heard such appeal and a determination is made, the judgment shall be certified to the probate court, that it may proceed in the case accordingly.
Code 1858, §§ 2207, 2208 (deriv. Acts 1794, ch. 1, § 48); Shan., §§ 3940, 3941; Code 1932, §§ 8152, 8153; T.C.A. (orig. ed.), §§ 30-110, 30-111; Acts 1988, ch. 854, § 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 1 - GENERAL PROVISIONS (§§ 30-1-101 — 30-1-119) › Section 30-1-108 - Administrator pendente lite

The probate judges are authorized to appoint an administrator pendente lite in any case that may arise in their respective courts where any will may be the subject of contest or litigation.
Acts 1859-1860, ch. 62; Shan., § 3942; mod. Code 1932, § 8154; T.C.A. (orig. ed.), § 30-112.
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 1 - GENERAL PROVISIONS (§§ 30-1-101 — 30-1-119) › Section 30-1-109 - Administrator ad litem

(a)
In all proceedings in the probate or chancery courts, or any other court having chancery jurisdiction, where the estate of a deceased person must be represented, and there is no executor or administrator of the estate, or the executor or administrator of the estate is interested adversely to the estate, it shall be the duty of the judge or chancellor of the court, in which the proceeding is had, to appoint an administrator ad litem of the estate for the particular proceeding, and without requiring a bond of the administrator ad litem, except in a case where it becomes necessary for the administrator ad litem to take control and custody of property or assets of the intestate's estate, when the administrator ad litem shall execute a bond, with good security, as other administrators are required to give, in such amounts as the chancellor or judge may order, before taking control and custody of the property or assets.
(b)
This appointment shall be made whenever the facts rendering it necessary appear in the record of such a case, or shall be made known to the court by the affidavit of any person interested in the case; and, in such proceedings in the chancery court, the chancellor at chambers or clerk and master of the court on a rule day shall have authority to make an appointment in vacation.
Acts 1889, ch. 137, § 1; Shan., § 3954; mod. Code 1932, § 8166; T.C.A. (orig. ed.), § 30-312.
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 1 - GENERAL PROVISIONS (§§ 30-1-101 — 30-1-119) › Section 30-1-110 - Time within which administration may be granted

The time within which administration may be granted shall be as follows:
(1)
Deceased Entitled to Remainder Not Reduced to Possession.
Where a person dies entitled to a vested or contingent remainder, not reduced to possession in the deceased's lifetime, ten (10) years after the termination of the life or other particular estate on which the remainder depends, letters shall be given to administer upon the deceased's estate in the remainder.
(2)
Distributee under Disability at Death of Ancestor.
Administration may be granted at any time within twenty-two (22) years from the death of the deceased to any person entitled to distribution who was an infant when the deceased died.
(3)
Prosecuting Claims Against Government.
A special administration may be granted for the purpose of prosecuting any claim against the government of the United States, without any limitation of time.
Code 1858, § 2220 (deriv. Acts 1831, ch. 24, § 3; 1835-1836, ch. 86, § 3; 1841-1842, ch. 69, § 2; 1853-1854, ch. 98, § 1); Shan., § 3955; mod. Code 1932, § 8167; T.C.A. (orig. ed.), § 30-113; Acts 1993, ch. 449, § 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 1 - GENERAL PROVISIONS (§§ 30-1-101 — 30-1-119) › Section 30-1-111 - Oath of personal representative

The clerk shall, before delivering the letters of administration or letters testamentary to the personal representative, administer to the representative, if an executor, an oath for performing the will of the deceased; and, if an administrator, an oath for the faithful performance of the administrator's duty; and, as to both, an oath that all statements in the petition about the representative are true and accurate and the representative is not disqualified from serving because of having been sentenced to imprisonment in a penitentiary as set forth in §
40-20-115
or otherwise. In the alternative, the oaths of the administrator or executor may be sworn or affirmed in the presence of a notary public and the acknowledgment of the representative's oaths, when certified by the notary public, shall be presented to the appropriate clerk.
Amended by 2019 Tenn. Acts, ch. 332, s 2, eff. 5/10/2019.
Code 1858, § 2221 (deriv. Acts 1715, ch. 48, § 5); Shan., § 3956; Code 1932, § 8168; Acts 1983, ch. 55, § 1; T.C.A. (orig. ed.), § 30-114.
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 1 - GENERAL PROVISIONS (§§ 30-1-101 — 30-1-119) › Section 30-1-112 - Resignation of personal representative

(a)
Any named executor in a decedent's last will and testament may decline to serve as such personal representative by filing a sworn statement, or a statement under penalty of perjury, with the court.
(b)
Any personal representative may resign and relinquish trust in the following manner:
(1)
Filing Petition.
The personal representative shall file the petition in the probate court or chancery court having cognizance of the settlement of the estate of the deceased whom the petitioner represents, praying to be permitted to resign;
(2)
Notice to Legatees, etc.
When the legatees, devisees, or distributees entitled to the estate reside in the county where the letters testamentary or of administration were granted, five (5) days' notice shall be given them, their agent or attorney, of the filing or intention to file, the petition. Where they reside out of the county, the court shall order notice to be given by publication in a newspaper, or by posting at the courthouse door, or in such other mode as it thinks reasonable;
(3)
Petitioner to Settle Accounts - New Administrator.
After notice has been given, the court shall cause the petitioner's accounts to be settled, and may, at its discretion, accept the resignation of the petitioner, and appoint a new administrator, taking from the appointee a good and sufficient administration bond.
Amended by 2016 Tenn. Acts, ch. 809, Secs.s 4, s 5 eff. 4/14/2016.
Code 1858, § 2237 (deriv. Acts 1851-1852, ch. 141, §§ 1, 2); Shan., § 3973; Code 1932, § 8185; T.C.A. (orig. ed.), § 30-115.
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 1 - GENERAL PROVISIONS (§§ 30-1-101 — 30-1-119) › Section 30-1-113 - Estate turned over to new administrator - Inventory

(a)
The court shall order the petitioner to pay over and deliver to the new personal representative the balance of money, property, and effects in the petitioner's hands; and, unless the payment and delivery are made in pursuance of the order, the court may order an execution against the petitioner and the petitioner's sureties, after giving five (5) days' notice to the sureties.
(b)
Within one (1) month from the time of appointment, the new representative shall make and duly file a true and perfect inventory of the estate of the deceased that comes to the representative's hands.
Code 1858, §§ 2238, 2239 (deriv. Acts 1851-1852, ch. 141, §§ 3, 4); Shan., §§ 3974, 3975; Code 1932, §§ 8186, 8187; T.C.A. (orig. ed.), §§ 30-116, 30-117.
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 1 - GENERAL PROVISIONS (§§ 30-1-101 — 30-1-119) › Section 30-1-114 - Transfer of administration to new county

(a)
Any person interested in an administration may have the administration transferred to a new county formed after it was granted, and including the residence of the deceased, by filing, in the clerk's office of the new county, a transcript, duly certified, of the proceedings already had in the administration, after which the administration shall be conducted as if the letters had been granted in the new county. But without so filing a transcript, the probate court of the new county, or its clerk, can do nothing in the administration.
(b)
The fees paid to the clerk of the old county for the transcript, by the party procuring it, shall be chargeable to the estate.
Code 1858, §§ 2235, 2236 (Acts 1851-1852, ch. 149, §§ 1, 2, 4-6); Shan., §§ 3971, 3972; Code 1932, §§ 8183, 8184; T.C.A. (orig. ed.), §§ 30-401, 30-402.
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 1 - GENERAL PROVISIONS (§§ 30-1-101 — 30-1-119) › Section 30-1-115 - Administrator with will annexed - Powers and authority

An administrator with the will annexed, appointed instead of an executor resigned, and all administrators with the will annexed, shall have the same power and authority as the executor had by the will of the testator, and may sell land, if the executor possessed that power.
Code 1858, § 2240 (deriv. Acts 1851-1852, ch. 141, § 4); Shan., § 3976; Code 1932, § 8188; T.C.A. (orig. ed.), § 30-118.
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 1 - GENERAL PROVISIONS (§§ 30-1-101 — 30-1-119) › Section 30-1-116 - Appointment of nonresident personal representative

No nonresident person, bank or trust company may be appointed as the personal representative of an estate of a decedent, except as provided in §
35-50-107
.
Acts 1985, ch. 312, § 1; 1988, ch. 854, § 4.
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 1 - GENERAL PROVISIONS (§§ 30-1-101 — 30-1-119) › Section 30-1-117 - Petition and documents required to be filed with application for letters

(a)
To apply for letters of administration or letters testamentary to administer the estate of a decedent, a verified petition containing the following information and documents shall be filed with the court:
(1)
The identity of the petitioner;
(2)
The decedent's name, age, if known, date and place of death, and residence at time of death;
(3)
In case of intestacy, the name, age, if known, mailing address and relationship of each heir at law of the decedent;
(4)
A statement that the decedent died intestate or the date of execution, if known, and the names of all attesting witnesses of the document or documents offered for probate;
(5)
The document or documents offered for probate, or a copy thereof, as an exhibit to the petition;
(6)
The names and relationships of the devisees and legatees and the city of residence of each if known, similar information for those who otherwise would be entitled to the decedent's property under the statutes of intestate succession, and the identification of any minor or other person under disability;
(7)
An estimate of the fair market value of the estate to be administered, unless bond is waived by the document offered for probate or is waived as authorized by statute;
(8)
If there is a document, whether the document offered for probate waives the filing of any inventory and accounting or whether such is not otherwise required by law;
(9)
If there is a document, a statement that the petitioner is not aware of any instrument revoking the document being offered for probate, if that is the case, and that the petitioner believes that the document being offered for probate is the decedent's last will;
(10)
The name, age, mailing address, relationship of the proposed personal representative to the decedent, a statement of any felony or misdemeanor convictions, and a statement of any sentence of imprisonment in a penitentiary; and
(11)
A statement identifying if the decedent was the owner of or had a controlling interest in any ongoing business or economic enterprise that is or may be part of the estate to be administered, and, if so, the names and addresses of all such ongoing business or economic enterprises.
(b)
No notice of the probate proceeding shall be required except for probate in solemn form, which shall require due notice in the manner provided by law to all persons interested.
Amended by 2022 Tenn. Acts, ch. 912, s 1, eff. 7/1/2022.
Amended by 2019 Tenn. Acts, ch. 332, s 1, eff. 5/10/2019.
Acts 1997 , ch. 426, § 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 1 - GENERAL PROVISIONS (§§ 30-1-101 — 30-1-119) › Section 30-1-118 - Title definitions

The definitions in §
31-1-101
are applicable to this title, unless a different meaning is indicated in a section or is otherwise clearly intended.
Acts 1988, ch. 854, § 5; T.C.A. §
30-1-150
.
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 1 - GENERAL PROVISIONS (§§ 30-1-101 — 30-1-119) › Section 30-1-119 - Procedure for removal

Any executor or administrator may be removed in accordance with the procedures in §
35-15-706
.
Acts 2002, ch. 735, § 3; 2005, ch. 99, § 1; T.C.A. §
30-1-151
.
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 2 - BONDS (§§ 30-1-201 — 30-1-208) › Section 30-1-201 - When bond required

(a)
(1)
The clerk shall not require a bond of the personal representative before issuing letters testamentary or letters of administration if:
(A)
The decedent by will excuses the personal representative from making bond;
(B)
The personal representative and the sole beneficiary of the estate are the same person and the court approves;
(C)
All of the beneficiaries are adults, who are not under a disability that would preclude them from acting, and all beneficiaries consent to the personal representative serving without bond by filing a sworn statement, or a statement under penalty of perjury, with the court and the court approves; or
(D)
The personal representative is a bank that is excused from the requirements of bond by §
45-2-1005
.
(2)
If the preceding exemptions from making bond do not apply, the clerk, before issuing the letters, shall take from the personal representative a bond payable to the state, with two (2) or more sufficient sureties or one (1) corporate surety, in an amount determined by the court. If bond is required, the bond shall not be less than the value of the estate of the decedent subject to administration nor more than double the value of the estate and the court may increase or decrease the amount at any time by order.
(b)
Any interested person may petition the court to suggest and show that the personal representative is wasting, or likely to waste, the estate. In this event, the court may require bond in an amount it deems advisable.
Amended by 2016 Tenn. Acts, ch. 809,s 6, eff. 4/14/2016.
Code 1858, § 2222 (deriv. Acts 1715, ch. 48, § 5; 1813, ch. 120, § 4); Shan., § 3957; Acts 1923, ch. 48, § 1; Shan. Supp., § 3957a1; mod. Code 1932, § 8169; T.C.A. (orig. ed.), § 30-201; Acts 1985, ch. 140, § 6.
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 2 - BONDS (§§ 30-1-201 — 30-1-208) › Section 30-1-202 - Increasing amount of bond or adding sureties

The court shall, upon a showing made by any person interested in the estate that the bond is not sufficient either as to the amount or as to the solvency of the surety or sureties, increase the bond as to amount or require additional sureties, or both, so as fully to protect all persons interested.
Acts 1923, ch. 48, § 1; Shan. Supp., § 3957a; 1; mod. Code 1932, § 8170; T.C.A. (orig. ed.), § 30-202.
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 2 - BONDS (§§ 30-1-201 — 30-1-208) › Section 30-1-203 - Form of bond

The bond must be substantially in the following form:
We, A B, C D, and E F, are bound to the state in the penalty of ____________________ dollars. Witness our hands, this ______________ day of ______________, 20 ____________________. The condition of this obligation is such, that, whereas, the above bound A B has been appointed executor of the will of G H, deceased (or administrator, as the case may be); now, if A B shall well and truly, as such executor (or administrator, as the case may be), perform all the duties that are or may be required by law, which includes paying all court costs, attorney's fees, and other expenses which may be reasonably incurred because of failure of A B to properly account for and utilize all funds coming into the hands of A B, this obligation shall be void, otherwise to remain in full force and virtue.
Code 1858, § 2223 (deriv. Acts 1715, ch. 48, § 5; 1822, ch. 16, § 1); Shan., § 3958; Code 1932, § 8171; T.C.A. (orig. ed.), § 30-203; Acts 2011 , ch. 477, §§ 1, 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 2 - BONDS (§§ 30-1-201 — 30-1-208) › Section 30-1-204 - Liability on bond for performance of trusts

(a)
All executors and their sureties shall be liable upon their bonds for the performance of all the trusts of the will that they are required to perform, as also all duties devolving upon them as executors, as well in relation to the real as personal estate; and, in like manner, administrators with the will annexed, and their sureties, shall be liable upon their bonds for the performance of all the trusts and duties of their respective offices, as well in relation to real as personal estates; and the bonds, when taken substantially in the forms prescribed by law, shall bind the executors and administrators, and their sureties, as provided in this section.
(b)
If, however, the final account of an executor or administrator with the will annexed is settled before the full performance of all the trusts of the will, and trust funds of the estate, as shown by the settlement of the account, are turned over to a trustee duly qualified as provided for in the will, to complete the performance of the trusts, the executor or administrator with the will annexed and the sureties shall not be liable for the further performance of the trusts.
Acts 1889, ch. 36; Shan., § 3959; mod. Code 1932, § 8172; Acts 1953, ch. 157, § 1; T.C.A. (orig. ed.), § 30-204.
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 2 - BONDS (§§ 30-1-201 — 30-1-208) › Section 30-1-205 - Validity of bond not dependent upon form

The bond or any other bond executed by the parties, although not strictly in accordance with the above provision and form, because made payable to a different payee, or because the condition is more extensive or less extensive, or otherwise, shall be valid and effectual to the extent of its stipulations and conditions, and subject the parties to the bond in the same way as if the bond had been drawn in strict conformity to law, so long as the language of the bond includes, within the total obligation of the bond, the obligation to pay all court costs, attorney's fees, and other expenses reasonably incurred because of the failure of the personal representative to properly account for and utilize all funds coming into the hands of the personal representative.
Code 1858, § 2224; Shan., § 3960; mod. Code 1932, § 8173; T.C.A. (orig. ed.), § 30-205; Acts 2011, ch. 477, § 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 2 - BONDS (§§ 30-1-201 — 30-1-208) › Section 30-1-207 - Petition and order for administration bond - Appointment and duty of new administrator

(a)
A copy of such petition shall be served on the personal representative ten (10) days before any motion is made for an order of court upon the personal representative to give an administration bond.
(b)
Upon satisfactory proof of the truth of the complaint, the court shall direct the personal representative to enter into bond with sureties, as other personal representatives are required to do.
(c)
If the personal representative fails to comply with the order within ten (10) days after it is made, the court shall appoint an administrator for the estate, who shall give bond, with surety, as personal representatives are required to do.
(d)
The administrator shall dispose of the estate agreeably to the will of the deceased, and shall forthwith call the personal representative to account.
Code 1858, §§ 2226-2229 (deriv. Acts 1813, ch. 120, § 4); Shan., §§ 3962-3965; Code 1932, §§ 8175-8178; T.C.A. (orig. ed.), §§ 30-207 -- 30-210; Acts 1985, ch. 140, § 7.
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 2 - BONDS (§§ 30-1-201 — 30-1-208) › Section 30-1-208 - Suit on administration bond

(a)
Any person interested in or entitled to a recovery on a bond given by a personal representative may commence and prosecute a suit on the same in the name of the state of Tennessee for that person's own use.
(b)
Where several persons are entitled to a recovery on bonds given by a personal representative, a verdict and judgment or a decree rendered on the bond in favor of one shall not be a bar to any other person so entitled, but each may respectively sue for and recover each person's own proportion until the whole penalty is recovered.
(c)
When suits are brought on bonds given by a personal representative, it shall be sufficient to make profert of an attested or certified copy, and, if the copy is contested, either party may have a subpoena for the clerk to bring the original bond.
(d)
The person for whose use a suit may be brought under this law shall be liable to costs in the same manner as if the suit had been brought in the person's own name, and the court may render judgment or decree for the costs accordingly.
Code 1858, §§ 2231-2234 (deriv. Acts 1822, ch. 16, §§ 1-4); Shan., §§ 3967-3970; Code 1932, §§ 8179-8182; T.C.A. (orig. ed.), §§ 30-211 -- 30-214; Acts 1985, ch. 140, § 8.
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 30-1-301 - Jurisdiction

The chancery court of the county in which any person resided at the time of the decedent's death, or in which the decedent's estate, goods, and chattels or effects were at the time of the decedent's death, may appoint an administrator when six (6) months have elapsed from the death, and no person will apply or can be procured to administer on the decedent's estate.
Code 1858, § 2209 (deriv. Acts 1841-1842, ch. 177, § 1); Shan., § 3943; Code 1932, § 8155; T.C.A. (orig. ed.), § 30-301.
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 30-1-302 - Contents of bill

For the purposes of §
30-1-301
, the next of kin, or any creditor of the deceased, may file a bill in the chancery court of the county, setting forth the facts of the case, and that no person can be procured to administer on the estate, agreeably to the laws in force, and praying that an administrator be appointed, with such other specific prayers as are required, and for general relief.
Code 1858, § 2210 (deriv. Acts 1841-1842, ch. 177, § 1); Shan., § 3944; Code 1932, § 8156; T.C.A. (orig. ed.), § 30-302.