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.
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; Acts 2019, ch. 332, § 2.
Structure 2021 Tennessee Code
Title 30 - Administration of Estates
Chapter 1 - Executors and Administrators
§ 30-1-101. Letters Testamentary or of Administration Required
§ 30-1-102. Jurisdiction to Grant Letters
§ 30-1-103. Nonresident Decedents — Granting Letters Testamentary or of Administration
§ 30-1-105. Recording of Letters — Validity of Certified Copy
§ 30-1-106. Preference in Granting of Letters
§ 30-1-107. Appeal From Grant of Letters
§ 30-1-108. Administrator Pendente Lite
§ 30-1-110. Time Within Which Administration May Be Granted
§ 30-1-111. Oath of Representative
§ 30-1-112. Resignation of Representative
§ 30-1-113. Estate Turned Over to New Administrator — Inventory
§ 30-1-114. Transfer of Administration to New County
§ 30-1-115. Administrator With Will Annexed — Powers and Authority
§ 30-1-116. Appointment of Nonresident Personal Representative