Service of process under § 20-2-203 shall be made by lodging, by the plaintiff or the plaintiff's attorney, the original summons and a copy certified by the clerk of the court in which action is brought, with a fee of twenty dollars ($20.00), with the secretary of state, who shall promptly send, postage prepaid, the certified copy by registered or certified return receipt mail to the defendant, along with a written notice that service was so made.
In case it appears, either before or after the lodging of process, as provided in subsection (a), that the nonresident is dead, then either original or alias process may issue, directed to the personal representative of the nonresident deceased and shall be sent, as provided in subsection (a), to the probate court of the county and state of the residence of the deceased at the time of the deceased's death. No appearance need be made nor shall judgment be taken against the personal representative until the lapse of sixty (60) days from the date of mailing the process to such probate court. The procedure for mailing such process and proof of service of process shall be as provided in this section and in § 20-2-206 for the service upon living persons.
The fee of twenty dollars ($20.00) so paid by the plaintiff, when fact of payment is endorsed on the original process by the secretary of state, shall be taxed as plaintiff's cost, to abide the judgment.
Code 1932, §§ 8672, 8675; Acts 1949, ch. 47, § 3; C. Supp. 1950, § 8672; Acts 1955, ch. 265, § 2; 1971, ch. 332, § 1; 1980, ch. 656, §§ 1, 2; T.C.A. (orig. ed.), § 20-226; Acts 1998, ch. 890, § 7.
Structure 2021 Tennessee Code
§ 20-2-203. Use of Highways as Appointment of Agent for Process — Pre-Trial Discovery Depositions
§ 20-2-204. Death of Party After Appointment of Agent
§ 20-2-205. Service on Secretary of State
§ 20-2-206. Evidence of Service Through Secretary of State
§ 20-2-207. Continuances After Service by Agent
§ 20-2-211. Manner of Service on Secretary of State
§ 20-2-213. Other Methods of Service Unaffected
§ 20-2-216. Proof of Mailing by Secretary of State and Receipt by Defendant
§ 20-2-218. Causes of Action Limited
§ 20-2-220. Authority of Deputy and Assistant Secretaries of State
§ 20-2-222. Personal Jurisdiction Based Upon Enduring Relationship
§ 20-2-224. Service Outside the State
§ 20-2-225. Other Bases of Jurisdiction Unaffected — Jurisdiction Whenever Permitted by Constitution
§ 20-2-226. Service on the Secretary of State—collection of Fee