After the settlement of any administrator's or executor's account, the probate court may compel the personal representative to pay into the office of the clerk the balance found against the personal representative, and may, on motion of the clerk or any surviving spouse, distributee, or legatee, after twenty (20) days' notice to the personal representative, award summarily an execution against the representative and the personal representative's sureties for the amount of the balance, as in case of a judgment at law, and when any specific thing is to be done, the probate court may compel the representative, by an order, to perform it, and by process of contempt in case of refusal.
Code 1858, § 2307; Acts 1871, ch. 51, § 1; Shan., § 4043; Code 1932, § 8256; T.C.A. (orig. ed.), § 30-1113.
Structure 2021 Tennessee Code
Title 30 - Administration of Estates
Chapter 2 - Management, Settlement and Distribution
Part 6 - Accounts and Settlements
§ 30-2-601. Accountings — Statement in Lieu of Accounting
§ 30-2-602. Citation to Appear and Settle — Punishment for Disobedience
§ 30-2-603. Service of Notice of Accounting
§ 30-2-604. Examination of Representative Under Oath
§ 30-2-605. Continuance of Settlement
§ 30-2-606. Charges, Disbursements, and Compensation Credited to Accounting Party
§ 30-2-607. Exceptions to Account — Appeal From Decision of Clerk
§ 30-2-608. Incomplete Inventory
§ 30-2-609. Appeal From Judgment of Court
§ 30-2-610. Settlement Prima Facie Evidence When Recorded
§ 30-2-612. Balance Payable to Clerk's Office — Award of Execution
§ 30-2-613. Failure to Settle Accounts — Indictment — Penalty