2021 Tennessee Code
Title 30 - Administration of Estates

§ 30-1-207. Petition and Order for Administration Bond — Appointment and Duty of New Administrator - Code 1858, §§ 2226-2229 (deriv. Acts 1813, ch. 120, §...

§ 30-1-208. Suit on Administration Bond - Code 1858, §§ 2231-2234 (deriv. Acts 1822, ch. 16, §§...

Part 3 - Appointment by Chancery Court

§ 30-1-301. Jurisdiction - The chancery court of the county in which any person...

§ 30-1-302. Contents of Bill - For the purposes of § 30-1-301, the next of kin,...

§ 30-1-303. Bill Filed by Creditor — Parties - The bill, if filed by a creditor, shall be on...

§ 30-1-304. Bill Filed by Next of Kin — Parties - If the bill is filed by the next of kin,...

§ 30-1-305. Appointment of Administrator - Upon the filing of the bill, the court in term,...

§ 30-1-306. Bond - If the appointment is made in vacation, the complainant shall...

§ 30-1-307. Sale of Perishable Property - The judge or chancellor may also direct, in the order,...

§ 30-1-308. Administrator Party to Court Proceedings - The administrator, when appointed, shall be a party to the...

§ 30-1-309. Guardian Appointed for Minor - Where any party interested in the estate is a minor,...

§ 30-1-310. Duties of Administrator — Removal - An administrator shall be under the same responsibilities as a...

§ 30-1-311. Manner of Administration - The administration of the estate shall be conducted under the...

Part 4 - Public Administrators, Guardians, and Trustees

§ 30-1-401. Appointment — Term — Oath — Bond - The county legislative body has the power to appoint or...

§ 30-1-402. Applicable Laws, Rules, Duties and Penalties - Administrators, guardians and trustees shall, in all things, be governed...

§ 30-1-403. Death or Removal — Filling Vacancy - On the death, removal, or resignation of an administrator, guardian...

§ 30-1-404. Duty to Enter Upon Administration, Guardianship, or Trusteeship of Estates - the court may appoint the public trustee who shall be...

§ 30-1-405. Letters of Administration — When Granted - The letters of administration may be granted, at any time...

§ 30-1-406. Notice Given Persons Entitled to Serve — Effect of Nonappearance - The notice served on those entitled to administer shall fix...

§ 30-1-407. Compensation for Services - The administrator, guardian or trustee shall have all the powers,...

§ 30-1-408. Renewal of Bond - The county legislative body shall have the power, on the...

Chapter 2 - Management, Settlement and Distribution

Part 1 - Allowances to Family

§ 30-2-105. Administrator as Trustee for Children's Allowance - The administrator shall be trustee for the management of the...

Part 2 - Homestead

§ 30-2-201. Assignment of Homestead - The homestead in lands of a decedent, inuring to the...

§ 30-2-202. Jurisdiction - The probate court, at any of its sessions, shall have...

§ 30-2-203. Notice of Application - Code 1858, §§ 2408 — 2410 (deriv. Acts 1849-1850, ch....

§ 30-2-204. Application for Homestead — Action to Set Aside Property So Designated - Code 1858, § 2411 (deriv. Acts 1849-1850, ch. 77, §...

§ 30-2-205. Appointment of Substitute Surveyor - If the surveyor is connected with any of the parties...

§ 30-2-206. Proceedings Summary - The proceedings upon applications for homestead are summary, unless the...

§ 30-2-207. Order Delivered to Surveyor — Commissioners Notified to Lay Off Homestead — Oath - The clerk of the court shall, within forty (40) days...

§ 30-2-208. Out-of-County Lands - Should any of the lands to which the applicant may...

§ 30-2-209. Assignment Out of Sale Proceeds - If real estate is so situated that homestead cannot be...

§ 30-2-210. Assignment of Homestead and Plat Recorded - The commissioners shall, in their report, exhibit a plat of...

§ 30-2-211. Costs - The costs of the application shall be paid by the...

Part 3 - Inventory and Management

§ 30-2-301. Making Inventory — Return — Notice to Beneficiaries - Code 1858, § 2241 (deriv. Acts 1723, ch. 10, §...

§ 30-2-302. Recording of Inventory - The clerk shall present the inventory to the court, and,...

§ 30-2-303. Sale of Decedent's Effects - Unless otherwise directed by the will and unless the specific...

§ 30-2-305. Debts Chargeable Against All Assets - Every debtor's property, except such as may be specially exempt...

§ 30-2-306. Notice to Creditors of Qualification of Personal Representative - NOTICE TO CREDITORS Estate of (name of deceased) Notice is...

§ 30-2-308. Triplicate Copies of Pleadings as Claims - Triplicate copies of the first pleading filed in original actions...

§ 30-2-309. Statute of Limitations Arrested by Filing Claim - The filing of claims within the time and in the...

§ 30-2-311. Waiver of Filing Small Claims — Payment - Notwithstanding §§ 30-2-307 — 30-2-310, the personal representative, if in...

§ 30-2-312. Entry of Claim by Clerk — Fees — Notice - Each claim filed with the clerk shall be entered by...

§ 30-2-316. Judgment on Claims Where No Exceptions Filed - After the lapse of ninety (90) days from and after...

§ 30-2-317. Priority of Claims — Payment — Contested or Unmatured Claims - Code 1858, § 2250 (deriv. Acts 1786, ch. 4, §...

§ 30-2-318. Payment of Claims Prior to Time Fixed for Payment - Code 1858, § 2325 (deriv. Acts 1851-1852, ch. 283, §...

§ 30-2-319. Time for Payment of Claims - All uncontested claims and all contested claims that have been...

§ 30-2-320. Pending Actions Considered Legally Filed Demands — Manner of Revival - All actions pending against any person at the time of...

§ 30-2-321. Computation of Time - Wherever in this title any period of time is required...

§ 30-2-323. Advances for Property Maintenance Expenses - Unless contrary to the decedent's will, the personal representative of...

Part 4 - Sale of Land to Pay Debts

§ 30-2-401. Jurisdiction to Sell Realty — Procedure - The probate court shall have concurrent jurisdiction with the chancery...

§ 30-2-403. Petition in Equity for Sale of Realty by Chancery, Circuit, or Probate Court in County Where Land Lies - Code 1858, §§ 2267, 2270 (deriv. Acts 1827, ch. 54,...

§ 30-2-404. Proof of Exhaustion of Personalty - Before making a decree for the sale of lands, it...

§ 30-2-405. Procedure Under §§ 30-2-403 and 30-2-404 - Suits prosecuted under §§ 30-2-403 and 30-2-404 shall be conducted...

§ 30-2-406. Complaint in Equity by Creditor Serving as Administrator - Code 1858, §§ 2253, 2254 (deriv. Acts 1789, ch. 39,...

§ 30-2-407. Execution Against Property in Heir's Hands - If a decree is made against the heir or heirs,...

§ 30-2-408. Claims Against Alienated Property - Code 1858, § 2256 (deriv. Acts 1789, ch. 39, §...

§ 30-2-409. Proceeding by Scire Facias When Debt Sued on Prior to Deceased's Death - Code 1858, § 2257 (deriv. Acts 1809 (Sept.), ch. 121,...

§ 30-2-410. Proceeding by Scire Facias When Personalty Exhausted or Insufficient - Where, in a suit against an executor or administrator, the...

§ 30-2-411. Service of Scire Facias - When any such heir or devisee is a minor and...

§ 30-2-412. Judgment Without Appearance - Upon the return of two (2) writs of scire facias,...

§ 30-2-413. Plea of Sufficient Assets, Waste, or Concealment — Trial of Collateral Issue — Execution - Code 1858, §§ 2262, 2263 (deriv. Acts 1784 (Oct.), ch....

§ 30-2-414. Execution Issuing Against Realty - If judgment or decree pass against the heirs or devisees,...

§ 30-2-415. Contribution Among Devisees or Heirs - If upon a judgment or decree pursuant to § 30-2-414,...

§ 30-2-416. Purchaser's Remedy When Satisfaction of Judgment and Sale Is Set Aside at Instance of Heirs - In all cases in which the heirs, or devisees, of...

§ 30-2-417. Restitution From Assets Afterwards Discovered Where Real Property Subjected to Payment of Debts - Where real property has been subjected to the payment of...

Part 5 - Suits Against Representatives

§ 30-2-502. Premature Suit — Abatement — Judgment Voidable - Code 1858, §§ 2275, 2276 (deriv. Acts 1831, ch. 23,...

§ 30-2-503. Revival of Judgments Against Deceased - Judgments obtained against the deceased in the deceased's lifetime may...

§ 30-2-504. Waste or Misappropriation of Assets by Personal Representative — Statute of Limitation Applicable - Nothing in part 3 of this chapter or § 30-2-501...

§ 30-2-505. General Sessions Court's Execution Against Representative — Return Made to Circuit Court - If a general sessions court judge's execution against an executor...

§ 30-2-506. Proceedings on General Sessions Court's Execution - Upon the return of papers under § 30-2-505, scire facias...

§ 30-2-507. Proceedings on Judgment Against Deceased - The like proceeding as provided in § 30-2-506, shall be...

Part 6 - Accounts and Settlements

§ 30-2-601. Accountings — Statement in Lieu of Accounting - Code 1858, §§ 2295, 2296 (deriv. Acts 1837-1838, ch. 125,...

§ 30-2-602. Citation to Appear and Settle — Punishment for Disobedience - If any personal representative fails to settle the accounts or...

§ 30-2-603. Service of Notice of Accounting - Code 1858, § 2298 (deriv. Acts 1851-1852, ch. 215, §...

§ 30-2-604. Examination of Representative Under Oath - The clerk or commissioner may, and, when it seems to...

§ 30-2-605. Continuance of Settlement - On sufficient cause shown by affidavit, the clerk may continue...

§ 30-2-606. Charges, Disbursements, and Compensation Credited to Accounting Party - The clerk shall charge every accounting party with all sums...

§ 30-2-607. Exceptions to Account — Appeal From Decision of Clerk - Any person interested in the estate may except to the...

§ 30-2-608. Incomplete Inventory - Any person interested in any deceased person's estate as legatee,...

§ 30-2-609. Appeal From Judgment of Court - not less than nor more than 39,050 39,150 44,200 44,300...

§ 30-2-610. Settlement Prima Facie Evidence When Recorded - The settlement, when so made, and recorded, shall be prima...

§ 30-2-611. Fees of Clerk - Besides the fees allowed to the clerk for the clerk's...

§ 30-2-612. Balance Payable to Clerk's Office — Award of Execution - After the settlement of any administrator's or executor's account, the...

§ 30-2-613. Failure to Settle Accounts — Indictment — Penalty - Code 1858, §§ 2308-2310 (deriv. Acts 1837-1838, ch. 125, §...

Part 7 - Distribution

§ 30-2-701. Distribution of Balance — Final Settlement - Upon the payment of all claims that are not contested...

§ 30-2-704. Refunding Bonds - Every legatee and distributee, or representative of a legatee or...

§ 30-2-705. Recording, Filing, and Verity of Bond - The executor or administrator shall bring the bond into the...

§ 30-2-706. Scire Facias Against Obligors in Refunding Bond — Execution - Code 1858, §§ 2318, 2319 (deriv. Acts 1789, ch. 23,...

§ 30-2-707. Receipt for Legacy or Share - Every person interested in the distribution of an estate shall...

§ 30-2-710. Application to Compel Payment of Distributive Share or Legacy - Code 1858, §§ 2312-2314 (deriv. Acts 1723, ch. 10, §...

§ 30-2-711. Affidavit of Pedigree - An affidavit before a commissioner of this state, or before...

Chapter 3 - Absentees' Estates

Part 1 - Uniform Law

§ 30-3-101. Short Title - This part shall be known and may be cited as...

§ 30-3-106. Notices - All notices required under this part shall be served upon...

§ 30-3-109. Claim of Absentee Barred by Judgment - No action shall be brought by an absentee to recover...

§ 30-3-110. Termination of Receivership - Upon the entry of any final finding and decree as...

§ 30-3-111. Distribution of Property - The property remaining for distribution in accordance with § 30-3-110(2)(C),...

Part 2 - Conservators

§ 30-3-201. “Absentee” Defined - As used in this part unless the context otherwise requires,...

§ 30-3-202. Jurisdiction — Grounds for Appointment - The chancery or probate court has jurisdiction to appoint a...

§ 30-3-203. Transfer of Property Without Conservatorship - In re: , case number absentee PETITION FOR SUMMARY RELIEF...

§ 30-3-208. Duties - The conservator shall have all the rights, powers, and duties...

§ 30-3-209. Resignation and Discharge - The provision for resignation and discharge of conservators for estates...

Chapter 4 - Small Estates

§ 30-4-101. Short Title - This chapter shall be known and may be cited as...

§ 30-4-102. Chapter Definitions - As used in this chapter, unless the context clearly requires...

§ 30-4-103. Affidavit — Filing Fees — Bond — Discharge - Whenever a decedent leaves a small estate, it may be...

§ 30-4-105. Construction of Chapter - This chapter shall be cumulative to existing law relating to...

Chapter 5 - Insolvent Estates

§ 30-5-101. Initiation of Administration - The administration of an insolvent estate shall begin upon the...

§ 30-5-102. Notice of Insolvency — Filing — Copies - After the time for filing claims has expired, as provided...

§ 30-5-103. Notice of Insolvency — Contents — Effect of No Objections - Code 1858, § 2329 (deriv. Acts 1851-1852, ch. 283, §...

§ 30-5-104. Hearing on Objection to Plan — Notice - Code 1858, § 2330 (deriv. Acts 1851-1852, ch. 283, §...

§ 30-5-105. Clerk's Report — Exceptions - Code 1858, § 2355 (deriv. Acts 1851-1852, ch. 283, §...

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2021 Tennessee Code Title 30 - Administration of Estates

2021 Tennessee Code
Title 30 - Administration of Estates