Title 30 Administration of Estates

Chapter 1 Executors and Administrators

Part 1 General Provisions

§ 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.

§ 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.

§ 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. (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. (2) Where any debtor of the deceased resides;
3. (3) Where any debtor of a debtor of the deceased resides, the debt being unpaid when the application is made; or
4. (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. (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. (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.

§ 30-1-104. Service of process upon nonresident representative.

(a)
1. (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. (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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 30-1-110. Time within which administration may be granted.

The time within which administration may be granted shall be as follows:
1. (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. (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. (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.

§ 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.

§ 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. (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. (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. (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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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. (1) The identity of the petitioner;
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  - 30-4-103(2)
2. (2) The decedent's name, age, if known, date and place of death, and residence at time of death;
3. (3) In case of intestacy, the name, age, if known, mailing address and relationship of each heir at law of the decedent;
4. (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. (5) The document or documents offered for probate, or a copy thereof, as an exhibit to the petition;
6. (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. (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. (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. (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. (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. (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.

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§ 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.

§ 30-1-119. Procedure for removal.

Any executor or administrator may be removed in accordance with the procedures in § 35-15-706.

Part 2 Bonds

§ 30-1-201. When bond required.

(a)
1. (1) The clerk shall not require a bond of the personal representative before issuing letters testamentary or letters of administration if:
  1. (A) The decedent by will excuses the personal representative from making bond;
  2. (B) The personal representative and the sole beneficiary of the estate are the same person and the court approves;
  3. (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
  4. (D) The personal representative is a bank that is excused from the requirements of bond by § 45-2-1005.
2. (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.

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§ 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.

§ 30-1-203. Form of bond.

The bond must be substantially in the following form:
1. 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.

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18-6-106(b)(2)

§ 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.

§ 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.

§ 30-1-206. [Reserved.]

§ 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.

§ 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.

Part 3 Appointment by Chancery Court

§ 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.

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30-1-302

§ 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.

§ 30-1-303. Bill filed by creditor — Parties.

The bill, if filed by a creditor, shall be on behalf of all other creditors who may wish to come in and be made parties on the usual terms, and the distributees and heirs may be made parties defendants.

§ 30-1-304. Bill filed by next of kin — Parties.

If the bill is filed by the next of kin, or any of them, it shall be on behalf of all the distributees and heirs against the creditors, who may become defendants.

§ 30-1-305. Appointment of administrator.

Upon the filing of the bill, the court in term, or chancellor or judge in vacation, at chambers, shall appoint an administrator of the estate, upon such terms as the court, chancellor or judge may think best.

§ 30-1-306. Bond.

If the appointment is made in vacation, the complainant shall be required to give bond, with surety, in double the value of the estate to be administered, payable to the state, conditioned that the administrator shall render a true inventory of the estate to the court at its next term, so far as it may come to the administrator's knowledge, and that the administrator will deliver the assets over, or place the assets, or the proceeds, under the charge of the court.

§ 30-1-307. Sale of perishable property.

The judge or chancellor may also direct, in the order, that the perishable property belonging to the estate be sold.

§ 30-1-308. Administrator party to court proceedings.

The administrator, when appointed, shall be a party to the proceedings in court, and shall be bound by any decree or order in the cause.

§ 30-1-309. Guardian appointed for minor.

Where any party interested in the estate is a minor, the court may appoint a guardian for the minor.

§ 30-1-310. Duties of administrator — Removal.

An administrator shall be under the same responsibilities as a receiver in chancery, and shall make reports to the court in the same manner; and be removable from office for neglect or improper conduct, as a receiver may be; and when the administrator is removed, or dies or resigns, the court may appoint a successor.

§ 30-1-311. Manner of administration.

The administration of the estate shall be conducted under the authority of the chancery court, in the same manner, and under the same rules, as the administration of an insolvent estate.

Part 4 Public Administrators, Guardians, and Trustees

§ 30-1-401. Appointment — Term — Oath — Bond.

The county legislative body has the power to appoint or elect a public administrator, public guardian, public trustee, and public receiver, who shall hold office for four (4) years, and who, before entering upon their duties of the office, shall take the oath by law prescribed for administrators, guardians, trustees, and receivers, and shall give bond, with good and approved sureties, in such amount as may be necessary and amply sufficient, in the discretion of the county legislative body, to protect the estates, funds, and property that may come into their hands, which bond as to amount may be increased, from time to time, by the county legislative body.

§ 30-1-402. Applicable laws, rules, duties and penalties.

An administrator, guardian, trustee, or receiver is, in all things, governed by, and subject to, all the laws, rules, duties, and penalties, prescribed by law for the government of other administrators, guardians, and receivers, and the management and settlement of estates and trusts.

§ 30-1-403. Death or removal — Filling vacancy.

On the death, removal, or resignation of an administrator, guardian, trustee, or receiver provided for in this part, the county legislative body may fill the vacancy for the unexpired term.

§ 30-1-404. Duty to enter upon administration, guardianship, or trusteeship of estates — Appointment of public trustee — Appointment of public receiver to determine need for temporary or permanent receiver.

(a) Should any person entitled to the administration of an estate, or to the guardianship of any minor, or person found to be incompetent, fail or neglect to apply to the probate court having jurisdiction, and take out letters of administration and guardianship, within six (6) months after the death of the intestate, or within three (3) months after the settlement of the estate by the administrator, it shall be the duty of the administrator or guardian, provided for in this part immediately to enter upon the administration or guardianship of the estates, as the case may be, first applying to the probate court, for the necessary letters of administration or guardianship.
(b) Should any person entitled to serve as trustee under an inter vivos or testamentary instrument die, decline to serve or resign and if:
1. (1) There is no individual or corporate successor or substitute trustee designated by the instrument who is willing and qualified to serve;
2. (2) The instrument does not contain provisions for the appointment of a successor or substitute and no adult income beneficiary or vested remainderman petitions for the appointment of a successor or substitute trustee within three (3) months after there is a vacancy in office or all sooner waive this right; or
3. (3) The court in its discretion in a proceeding pursuant to § 35-15-414 determines that a small trust should not be terminated but a successor trustee should be appointed;
4. the court may appoint the public trustee who shall be granted letters of trusteeship and immediately enter into the administration of the trust, provided that the then market value of the trust estate does not exceed one hundred thousand dollars ($100,000). The public trustee shall file accountings with the court each twelve (12) months after the public trustee's qualification.
(c) Upon motion of the personal representative, an interested party, or upon the court's own motion, the probate court or chancery court may appoint the public receiver to determine the need for a temporary or permanent receiver. The public receiver must submit a report of its recommendations to the court, which report must be served via United States mail to the personal representative and all known interested parties. The report is subject to the same review as a report of a special master. Upon a hearing, the court may appoint a receiver with such powers as are necessary, consistent with those extended to receivers in absentees' estates.

§ 30-1-405. Letters of administration — When granted.

The letters of administration may be granted, at any time within six (6) months after the death of the intestate, when it appears that the persons entitled to letters of administration refuse, after legal notice, to administer, and if it further appears that the interest of the estate requires that letters of administration should be granted.

§ 30-1-406. Notice given persons entitled to serve — Effect of nonappearance.

The notice served on those entitled to administer shall fix a day on which they may appear and qualify, and their failure shall be sufficient evidence of their refusal, and the day so fixed shall not be less than two (2) months after the death of the intestate.

§ 30-1-407. Compensation for services.

The administrator, guardian, trustee, or receiver shall have all the powers, and shall receive the same compensation, that other administrators, guardians, trustees, and receivers are entitled to receive for their services, and this compensation shall be approved by the court at the time of periodic accountings or in the order appointing the administrator, guardian, trustee, or receiver.

§ 30-1-408. Renewal of bond.

The county legislative body shall have the power, on the death, removal, or insolvency of any one (1) or more of the sureties on the bond of the administrator, guardian, trustee, or receiver, to require the administrator, guardian, trustee, or receiver to renew that person's bond, or give other good and sufficient security for the performance of that person's duties, and to take any and all steps that may be necessary to secure the estates committed to the charge of the administrator, guardian, trustee, or receiver.

Chapter 2 Management, Settlement and Distribution

Part 1 Allowances to Family

§ 30-2-101. Right of surviving spouse and minor children to specific property.

(a)
1. (1) The surviving spouse of an intestate decedent, or a spouse who elects against a decedent's will, is entitled to receive from the decedent's estate the following exempt property having a fair-market value (in excess of any indebtedness and other amounts secured by any security interests in the property) that does not exceed fifty thousand dollars ($50,000):
  1. (A) Tangible personal property normally located in, or used in or about, the principal residence of the decedent and not used primarily in a trade or business or for investment purposes, and
  2. (B) A motor vehicle or vehicles not used primarily in a trade or business.
2. (2) If there is no surviving spouse, the decedent's unmarried minor children are entitled as tenants in common only to exempt property as described in subdivision (a)(1)(A). Rights to this exempt property are in addition to any benefit or share passing to the surviving spouse or unmarried minor children by intestate succession, elective share, homestead or year's support allowance.
(b) Where a deceased dies intestate, leaving a surviving spouse, until letters of administration are granted, the surviving spouse may take into possession and make use of any crop then growing and of the provisions on hand as may be necessary for the support of the surviving spouse and family; the surviving spouse may also use the stock, implements and plantation utensils for the purpose of completing, securing and selling the crop.
(c) The surviving spouse or other custodian of unmarried minor children shall apply for the property named in this section before it is distributed or sold, but the property so delivered shall in no case be liable for the payment of claims against the estate. If the surviving spouse or unmarried minor children do not receive the property allowed under this section and the property is sold by executor or administrator, the court shall order the money to be paid to the surviving spouse or unmarried minor children at any time before the money is paid out for claims or distributed.
(d) Any action to set aside the property designated in this section shall be brought within the limits set by § 31-4-102.

§ 30-2-102. Year's support allowance.

(a) In addition to the right to homestead, an elective share under title 31, chapter 4, and exempt property, the surviving spouse of an intestate, or a surviving spouse who elects to take against a decedent's will, is entitled to a reasonable allowance in money out of the estate for such surviving spouse's maintenance during the period of one (1) year after the death of the spouse, according to the surviving spouse's previous standard of living, taking into account the condition of the estate of the deceased spouse. The court may consider the totality of the circumstances in fixing the allowance authorized by this section, including assets that may have passed to the spouse outside probate.
(b) The allowance so ordered shall be made payable to the surviving spouse, unless the court finds that it would be just and equitable to make a division of it between the unmarried minor children. If there is no surviving spouse, the allowance shall be made to the unmarried minor children.
(c) The court may authorize the surviving spouse to receive any personal property of the estate in lieu of all or part of the money allowance authorized by this section, and in any case where the court makes an allowance in money, the surviving spouse shall be entitled to select and receive any personal property of the estate, of a value not exceeding the allowance in money, which shall be in lieu of and which value shall be credited against the allowance.
(d) The allowance authorized by this law is the absolute property of the surviving spouse for these uses and shall be exempt from all claims and shall not be taken into the account of the administration of the estate of the intestate or seized upon any precept or execution.
(e) In determining the amount to be allowed as a year's support, the court may, in its discretion, appoint freeholders to set aside that year's support, as previously required by law.
(f) If the allowance set by the court as provided in this section is not satisfactory to the surviving spouse electing against the decedent's will, the surviving spouse of an intestate decedent, the unmarried minor children of an intestate decedent or the personal representative, then appeal may be made to the appropriate court in accordance with § 30-2-609. Proceedings on appeal shall be de novo without the intervention of a jury except when demand for a jury is made in accordance with Tennessee Rules of Civil Procedure, Rule 38; provided, that in jurisdictions where probate matters originate in a court whose judge is also a chancellor, the appeal shall be made as otherwise provided by law; and provided further, that in cases heard in a probate court whose judge is required to have the same qualifications as prescribed for circuit judges, the appeal shall also be made as otherwise provided by law.
(g) Any action to set aside the property designated in this section shall be brought within the time limits set by § 31-4-102.

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§ 30-2-103. Designation of beneficiary — Wages and debts owed deceased employee.

(a)
1. (1) An employee may designate a beneficiary to receive payment for any wages or salary due such employee at the time of the employee's death.
2. (2) The employer is encouraged to inform the employee of this right at the time the employee is hired.
3. (3) If the employee fails to designate such beneficiary as provided for in subdivision (a)(1), the employer shall pay out such wages and salary according to subsection (b).
(b)
1. (1) A sum not exceeding ten thousand dollars ($10,000) is authorized to be paid directly to the surviving spouse of a decedent, but if none, then to the surviving children of the decedent as tenants in common, as follows:
  1. (A) By an employer any wages or other compensation owed a deceased employee at the time of the employee's death;
  2. (B) By any other person owing, or holding funds for, a decedent if six (6) months have passed since the decedent's death without application having been made for the appointment of a personal representative. However, if such funds exceed ten thousand dollars ($10,000), the excess shall be paid to the personal representative or as otherwise ordered by the court.
2. (2) All sums paid pursuant to this subsection (b) shall be charged against the elective share, homestead allowance, and year's support allowance as applicable. If one entitled to receive payment hereunder is a minor, the sum shall be paid to the guardian or custodian for the minor's benefit.

§ 30-2-104. Death of surviving spouse or death, majority, or marriage of minor child during year.

(a) Death of a surviving spouse within the one-year period for which the allowance is provided under § 30-2-102, for the surviving spouse's maintenance, shall not affect the vested right of the surviving spouse to the allowance or the ordering thereof by the court.
(b) If an unmarried minor child dies, marries or comes of age, no allowance shall be made under § 30-2-102 for the minor's maintenance for any period after the child's death, marriage or coming of age.

§ 30-2-105. Administrator as trustee for children's allowance.

The administrator shall be trustee for the management of the property so set apart as the allowance for the children, until the appointment of a guardian, to whom the administrator shall pay it over, and take receipt.

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26-2-311

Part 2 Homestead

§ 30-2-201. Assignment of homestead.

The homestead in lands of a decedent, inuring to the benefit of a surviving spouse or minor children, shall be assigned and set apart in the manner provided in this part.

§ 30-2-202. Jurisdiction.

The probate court, at any of its sessions, shall have jurisdiction concurrent with the circuit and chancery courts, of applications for laying off of homestead.

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30-2-204(a)

§ 30-2-203. Notice of application.

(a) When an application for homestead is filed pursuant to this part, it shall be served upon the personal representative, if one has been appointed, and to the heirs or devisees and distributees or legatees who reside in this state. If there is a minor interested, the guardian shall also be served, and, if no guardian has been appointed, the courts shall appoint a guardian ad litem for the minor. Service of the application upon the parties named pursuant to this subsection (a), shall constitute adequate notice of the application for homestead.
(b) It shall not be necessary to serve the application for homestead upon nonresidents, but any nonresident interested in the estate and not so served shall have three (3) years from the date of the application to move for a rehearing of the cause. The filing of a petition for a rehearing and service of the petition on all interested parties shall constitute adequate notice of the rehearing. The cost of the rehearing shall be taxed as may be deemed just by the court.

§ 30-2-204. Application for homestead — Action to set aside property so designated.

(a) The surviving spouse may make application to any one of the courts named in § 30-2-202 in the county where the husband or wife, as the case may be, last resided before death, for the appointment of two (2) freeholders or householders of the county, unconnected by affinity or consanguinity with those interested in the estate of the deceased, to allot and set apart the homestead to the applicant, in connection with the county surveyor, or the surveyor's deputy.
(b) Any action to set aside the property designated in this section shall be brought within the time limits set by § 31-4-102.

§ 30-2-205. Appointment of substitute surveyor.

If the surveyor is connected with any of the parties interested, either by affinity or consanguinity, the court shall appoint some competent surveyor, other than the surveyor's deputy, in the surveyor's place.

§ 30-2-206. Proceedings summary.

The proceedings upon applications for homestead are summary, unless the applicant is the personal representative, and shall be heard and determined at the first term after notice.

§ 30-2-207. Order delivered to surveyor — Commissioners notified to lay off homestead — Oath.

The clerk of the court shall, within forty (40) days after the adjournment of the court, deliver to the surveyor a copy of the order, and thereupon the surveyor shall notify the two (2) commissioners of the time and place, to be designated by the surveyor, of laying off the homestead; before entering upon that duty, the surveyor shall administer to the commissioners an oath for the faithful and true performance of that duty.

§ 30-2-208. Out-of-county lands.

Should any of the lands to which the applicant may be entitled as homestead lie out of the county where the application is made, the commissioners, if so directed in the order of court, shall view and take them into estimate.

§ 30-2-209. Assignment out of sale proceeds.

If real estate is so situated that homestead cannot be set apart, as provided in this part, then the realty shall be sold and thirty-five thousand dollars ($35,000) of the proceeds invested in real estate, under the direction of the court having jurisdiction to be held as homestead subject to the law governing homestead, or if the court deems it more desirable and practical, it may order the payment of thirty-five thousand dollars ($35,000) in cash or other personal property outright and in fee to the surviving spouse, if any, otherwise to the minor children, if any, in lieu of all other homestead rights in the realty of the deceased.

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31-1-104(a)

§ 30-2-210. Assignment of homestead and plat recorded.

The commissioners shall, in their report, exhibit a plat of the homestead, and also plainly set forth the same by metes and bounds where the homestead can be so assigned, and if the report is confirmed by the court, the clerk shall enter it in full with the plat on the records of the court.

§ 30-2-211. Costs.

The costs of the application shall be paid by the applicant unless the court otherwise adjudge.

Part 3 Inventory and Management

§ 30-2-301. Making inventory — Return — Notice to beneficiaries.

(a) The personal representative, within sixty (60) days after entering on the administration of a testate or intestate estate, shall make a complete and accurate inventory of the probate estate of the deceased, and return the inventory to the clerk of the court exercising probate jurisdiction in the county of the estate, and verify it by the personal representative's oath before the clerk or before any person authorized by law to administer oaths in such cases whether within or without the borders of the state. When the will of the deceased excuses the requirement for making and filing an inventory of the estate, or when excused by all of the residuary distributees or legatees, no inventory shall be required of a solvent estate, unless demanded by any residuary distributee or legatee of the estate.
(b)
1. (1) Except as provided in subdivision (b)(4), the personal representative, within sixty (60) days after entering on the administration, shall notify:
  1. (A) Each legatee or devisee under the will that that person or entity is a beneficiary by sending a complete copy of the will to those beneficiaries sharing in the residue of the estate, and by sending a copy of the paragraph or paragraphs of the will containing the bequests to those beneficiaries only receiving bequests; and
  2. (B) Each residuary distributee of an intestate deceased person by sending that person a copy of the letters of administration.
2. (2) If the residue or a portion thereof is distributable to a trustee for the benefit of others, a complete copy of the will shall be sent to the trustee who shall have the obligation under title 35 to send copies of the will to the trust beneficiaries.
3. (3) Within the sixty-day period, the personal representative shall also execute and file with the clerk of the court an affidavit that the required copies have been mailed or delivered to the beneficiaries or distributees, and an explanation of efforts to identify and locate beneficiaries or distributees, if any, to whom copies have not yet been sent.
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  - 71-5-116(d)(1)(B)
4. (4) The personal representative shall not be required to comply with the requirements of subdivisions (b)(1) and (b)(3) if:
  1. (A) The personal representative and the sole beneficiary of the estate are the same person; or
  2. (B) The decedent's will was admitted to probate in solemn form.
5. (5) Within the sixty-day period, the personal representative shall execute and file with the clerk of the court an affidavit that the bureau of TennCare has been notified of the decedent's death pursuant to § 71-5-116.
6. (6)
  1. (A) Following expiration of the sixty-day period, specified in subsection (a), a person or entity may file a notice with the clerk's office that provides the name, current mailing address and actual physical address of any legatee or distributee who has not been identified or has not been located by the personal representative. The notice may not be filed prior to the expiration of the sixty-day period.
  2. (B)
    1. (i)
      1. (a) The person or entity filing notice pursuant to subdivision (b)(6)(A) shall be entitled to a reasonable fee for each legatee or distributee for whom the person or entity filing the notice provides satisfactory proof, as defined in subdivision (b)(6)(C), of the legatee or distributee’s relationship to the decedent.
      2. (b) Other than a reasonable fee, such person or entity shall not be entitled to any other compensation from any person or entity, including any legatee or distributee, for providing the information to the legatee or the distributee or to the clerk.
      3. (c) Such fee shall be determined by the contract between the legatee or distributee and the person or entity filing the notice; provided, however, such fee shall not exceed one-third (⅓) of the legatee or distributee’s interest.
      4. (d) Any contract entered into between a person or entity filing notice pursuant to subdivision (b)(6)(A) and a legatee or distributee prior to the expiration of the sixty-day period specified in subsection (a), shall be null and void and unenforceable in a court of law.
    2. (ii) If more than one person or entity submits accurate identifying information to the clerk, then the person or entity that has a contract with the legatee or distributee shall be entitled to the fee provided by this subdivision (b)(6).
  3. (C) For the purposes of this subdivision (b)(6), any one of the following constitutes satisfactory proof of the relationship between the legatee or distributee and the decedent:
    1. (i) An affidavit of pedigree pursuant to § 30-2-711;
    2. (ii) An affidavit of heirship pursuant to § 30-2-712;
    3. (iii) Vital records establishing the relationship; or
    4. (iv) Other proof satisfactory to the court.
7. (7) Copies of a will, paragraphs of a will, or letters of administration sent pursuant to this subsection (b) may be sent by first class mail, electronic mail, or personal delivery.

§ 30-2-302. Recording of inventory.

The clerk shall present the inventory to the court, and, if it appears to be regular, the court shall order it to be recorded in the book of inventories.

§ 30-2-303. Sale of decedent's effects.

Unless otherwise directed by the will and unless the specific personal property is the subject of a bequest, the personal representative of a testate or intestate estate may, in the personal representative's discretion, sell the personal property of the decedent at public or private sale, for cash or on terms, in such manner and for such prices as the personal representative may deem advisable; but the personal representative shall not make a private sale to the personal representative, to business associates, to members of the personal representative's immediate family or to their agents without court approval or the written consent of all residuary distributees of the estate. The personal representative may employ persons or firms to conduct the sale and shall receive credit for all reasonable expenses of the sale in the final accounting.

§ 30-2-304. Apportionment of rents upon death of life tenant.

(a) Where a tenant for life of real estate creates a lease out of the tenant's estate for one (1) or more years, and dies before the expiration of the lease, and before the term fixed for the payment of the rent, the rent may be apportioned, and the executor or administrator of the tenant for life may recover of the lessee, pro rata, according to the contract, and for the time the lessee had the use of the property until the death of the tenant for life.
(b) Whenever any person has rented from a life tenant by written contract signed by the life tenant any real estate, adapted to and rented for farming or agricultural purposes, for a period not exceeding one (1) year, and the written contract has been entered into after December 1st of the preceding year, and the life tenant dies after the succeeding January 1st and during the year for which the contract is made, the lessee shall have the right to hold possession of such premises until the end of the year or term as against the remaindermen and all other persons; and in this case the rents on the premises for the year shall be apportioned between the estate of the deceased life tenant and the remainderman as provided by subsection (a).

§ 30-2-305. Debts chargeable against all assets.

Every debtor's property, except such as may be specially exempt by law, is assets for the satisfaction of all the debtor's just debts.

§ 30-2-306. Notice to creditors of qualification of personal representative.

(a) Except as provided in subsection (e), it is the duty of the clerk of the court in which an estate is being administered, within thirty (30) days after the issuance of letters testamentary or of administration, to give, in the name of the personal representative of the estate, public notice of the personal representative's qualification as such by two (2) consecutive weekly notices published in some newspaper of the county in which letters testamentary or of administration are granted, or, if no newspaper is published in that county, by written notices posted in three (3) public places in the county, one (1) of which shall be posted at the usual place for posting notices at the courthouse.
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- 8-21-409(b)(8)
(b) The notice shall be substantially in the following form:
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(c) An affidavit of the publisher of the newspaper, in case of publication by newspaper, showing the dates on which the notice was published, or of the personal representative, in case of posted notices, showing the date on which the notice was first posted, shall be prima facie evidence of the publication required by this section. The affidavit shall be filed with the clerk and be noted by the clerk on the docket of the cause.
(d) In addition, it shall be the duty of the personal representative to mail or deliver by other means a copy of the published or posted notice as described in subsection (b) to all creditors of the decedent of whom the personal representative has actual knowledge or who are reasonably ascertainable by the personal representative, at the creditors' last known addresses. This notice shall not be required where a creditor has already filed a claim against the estate, has been paid or has issued a release of all claims against the estate.
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- 30-2-601(a)(3)
- 30-2-601(b)(1)(A)
(e) The requirement of subsection (a) shall not apply if the letters testamentary or of administration are issued more than one (1) year from the decedent's date of death.

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§ 30-2-307. Claims against estate — Filing — Amendment.

(a)
1. (1) All claims against the estate arising from a debt of the decedent shall be barred unless filed within the period prescribed in the notice published or posted in accordance with § 30-2-306(b).
2. (2) Before the date that is twelve (12) months from the decedent's date of death, the court may permit the personal representative to distribute the balance of the estate in accordance with § 30-2-701, make final settlement and enter an order discharging the personal representative. If a creditor files its claim after the estate is closed as permitted in the preceding sentence and before the date that is twelve (12) months from the decedent's date of death, the personal representative shall not be personally liable to the creditor whose recourse will be against the distributees of the estate, each of whom shall share liability on the claim in proportion to the claimant's share of the residue. The burden of proof on any issue as to whether a creditor was known to or reasonably ascertainable by the personal representative, or as to whether actual notice was properly sent in accordance with § 30-2-306, shall be upon the creditor claiming entitlement to actual notice. In such cases, the distributees of the estate shall be personally liable on a pro rata basis if the court finds the claim is proper and the creditor did not receive the appropriate notice.
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- 30-2-314(a)(2)
- 30-2-320
(b) When any claim is evidenced by a written instrument, the instrument or a photocopy of the instrument shall be filed; when due by a judgment or decree, a copy of the judgment or decree certified by the clerk of the court where rendered shall be filed; and when due by open account, an itemized statement of the account shall be filed; and every claim shall be verified by affidavit of the creditor before an officer authorized to administer oaths, which affidavit shall state that the claim is a correct, just and valid obligation of the estate of the decedent, that neither the claimant nor any other person on the claimant's behalf has received payment of the claim, in whole or in part, except such as is credited thereon, and that no security for the claim has been received, except as thereon stated.
(c) No claim shall be filed by the clerk nor deemed to be filed unless submitted in triplicate, but the second and third copies need not be verified.
(d) The clerk shall file all claims received not later than twelve (12) months from the decedent's date of death. However, filing of claims by the clerk shall not create an inference as to whether the claims are valid or were timely filed. The clerk shall return any claim submitted before the appointment of a personal representative or received more than twelve (12) months from the decedent's date of death.
(e)
1. (1) A creditor who has timely filed a claim against the estate shall file any amendment to its claim no later than thirty (30) days from the later of:
  1. (A) The date an exception to the claim is filed; or
  2. (B) The expiration of the exception period.
2. (2) Unless the court with jurisdiction over the probate of the decedent's estate grants an extension of time for amendment on the creditor's showing of extraordinary circumstances, any amendment filed after the time prescribed shall be void.
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- 30-2-314(a)(5)
(f) If a claim filed against the decedent's estate is filed by a personal representative of the decedent's estate, the personal representative must provide the clerk of the court with the name and current mailing address of each residuary beneficiary of the decedent's estate at the time the claim is filed.

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§ 30-2-308. Triplicate copies of pleadings as claims.

Triplicate copies of the first pleading filed in original actions against a personal representative shall be filed with the clerk of the court where the administration originated, to be noted by the clerk in the record of claims as are other claims filed.

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§ 30-2-309. Statute of limitations arrested by filing claim.

The filing of claims within the time and in the manner provided in §§ 30-2-307 and 30-2-308 shall operate to arrest any statute of limitations applicable to the claims.

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§ 30-2-310. Limitation on time of filing claims.

(a) All claims and demands not filed with the probate court clerk, as required by §§ 30-2-306 — 30-2-309, or, if later, in which suit has not been brought or revived before the end of twelve (12) months from the date of death of the decedent, shall be forever barred.
(b) Notwithstanding subsection (a), all claims and demands not filed by the state with the probate court clerk, as required by §§ 30-2-306 — 30-2-309, or, if later, in which suit has not been brought or revived before the end of twelve (12) months from the date of death of the decedent, shall be forever barred. This statute of limitations shall not apply to claims for taxes. Claims for state taxes shall continue to be governed by § 67-1-1501.
(c) Notwithstanding subsections (a) and (b), § 71-5-116, and §§ 30-2-306 - 30-2-309:
1. (1) If the bureau of TennCare receives a notice to creditors as defined in § 30-2-306(b) within twelve (12) months of the decedent's date of death, then the bureau's claims and demands against the decedent's estate are forever barred unless the bureau files a claim with the probate court clerk or brings or revives suit within the later of:
  1. (A) Twelve (12) months from the decedent's date of death; or
  2. (B) Four (4) months from the date when the bureau received the notice to creditors;
2. (2) If the bureau of TennCare does not receive a notice to creditors as defined in § 30-2-306(b) within twelve (12) months of the decedent's date of death, then the bureau's claims and demands against the decedent's estate are forever barred unless the bureau files a claim with the probate court clerk or files a petition to open or re-open a decedent's estate within forty-eight (48) months of the decedent's date of death;
3. (3) If a claim is not filed by the bureau of TennCare pursuant to subdivision (c)(1) or (c)(2), then the requirements of § 71-5-116(c)(2) do not apply.

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§ 30-2-311. Waiver of filing small claims — Payment.

Notwithstanding §§ 30-2-307 — 30-2-310, the personal representative, if in the personal representative's discretion it is deemed proper, may waive the requirement for the filing of and may pay any claim not exceeding one thousand dollars ($1,000) principal amount. If the act of the personal representative in so doing is brought into question, the personal representative will have the burden of showing the validity of the claim so paid.

§ 30-2-312. Entry of claim by clerk — Fees — Notice.

Each claim filed with the clerk shall be entered by the clerk in a well bound book, in which the clerk shall set forth the title of the estate, the name and address of the creditor as reflected by the claim filed, the nature and amount of the claim and the date of filing, which book shall be provided and paid for as are other records in the clerk's office. The fees authorized by § 8-21-401(c)(1)(A) shall be paid to the clerk by the claimant at the time such claim is filed. If notice is required to be given to the residuary beneficiary or beneficiaries of the decedent's estate as required by § 30-2-313(b), the claimant shall pay to the clerk on the filing of the claim the fee provided by § 8-21-401(c)(9) for each residuary beneficiary to whom notice is to be given.

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§ 30-2-313. Notice of filing claim — Exceptions to claims — Jury trials upon demand.

(a) The clerk of the court, within five (5) days after the filing of a claim and its entry in the claim book as provided in § 30-2-312, shall give written notice to the personal representative and the attorney of record of the filing of the claim, by mailing each a true and correct copy of the claim.
(b) If a personal representative of the decedent's estate files a claim against the estate of the decedent, the clerk of the court, within five (5) days after the filing of a claim and the entry thereof in the claim book as provided in § 30-2-312, shall give written notice to each residuary beneficiary of the decedent's estate of the filing of the claim, by mailing each a true and correct copy of the claim. The notice required by this subsection (b) is in addition to the notice required to be given by subsection (a).
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- 30-2-312
(c) A claim shall not become a final judgment against the estate until after the expiration of the exception period prescribed in § 30-2-314(a).
(d) Should the claimant or the party excepting desire a trial by jury, it shall be demanded by that party in the first claim or exception filed. However, a claimant who has not demanded a jury in the claimant's claim may do so within five (5) days after receipt of notice of the filing of exceptions to the claimant's claim by filing a written demand for a jury with the probate court clerk.

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30-2-314(b)(1)

§ 30-2-314. Exceptions to claim — Trial by circuit court where jury demanded — Concurrent jurisdiction.

(a)
1. (1) Until thirty (30) days after the expiration of four (4) months from the date of the notice to creditors given as provided in § 30-2-306(b), the personal representative, or any party interested in the estate either as creditor, distributee, heir or otherwise, may except to the claim by filing written exceptions in triplicate with the clerk of the court in which the estate is being administered.
2. (2) However, if the filing of the claim as permitted by § 30-2-307(a) occurs after the date that is four (4) months from the date of the notice to creditors, the personal representative, or any party interested in the estate either as creditor, distributee, heir or otherwise, may except to any claim by filing written exceptions in triplicate with the clerk of the court in which the estate is being administered; provided, that the exception is filed no later than thirty (30) days from the date the personal representative receives notice from the clerk of the filing of the claim.
3. (3) Each exception shall include a reasonably detailed explanation of the ground or grounds upon which the person making such exception intends to rely.
4. (4) Within five (5) days after the filing of exceptions to a claim the clerk shall notify the claimant of the exceptions by mailing the claimant a copy of the exceptions.
5. (5) If the creditor timely files an amendment as permitted by § 30-2-307(e), the personal representative shall file any exception to the amended claim not later than thirty (30) days from the later of:
  1. (A) The date the amendment is filed with the clerk; or
  2. (B) The expiration of the exception period.
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- 30-2-313(c)
- 30-2-319
(b)
1. (1) If the claim or the exception filed contains a demand for a trial by jury, or there is a demand as provided in § 30-2-313, the probate court clerk shall certify the claim and the exception to the circuit court for trial by jury upon the issues made by the claim and exception. The claim or exception may be amended in the circuit court, but not so as to avoid the period of limitation upon claims contained in § 30-2-310.
2. (2) Should no exception be taken to a claim in which a jury trial has been demanded, the claim shall not be certified to the circuit court.
(c) Within five (5) days after an issue triable by a jury has been made, the probate court clerk shall certify all of the papers the clerk has on file relating to that claim to the circuit court, and shall, at the same time, give written notice of the clerk's action to the claimant, the excepting party and the personal representative, and shall thereafter file with the circuit court a statement to this effect, which shall be prima facie evidence that the parties have been notified.
(d)
1. (1) The matter shall be triable at the first term of the circuit court convening five (5) days or more after the certified record has been filed in the circuit court.
2. (2) On motion of the personal representative or the excepting party, the claimant may be required by the circuit court to make a cost bond, or, in lieu of a bond, take the oath prescribed for poor persons.
3. (3) After the matter has been certified to the circuit court for trial, it shall be proceeded within that court as in any other law case.
4. (4) The jury demanded may be waived by the parties and the case tried in the circuit court and on appeal as one in which no jury had been demanded.
(e) If the probate court is a court of record, the probate court shall have concurrent jurisdiction with the circuit court to conduct trials of the claim or the exception, all in the same manner and to the same extent as prescribed in this section for circuit courts, except that no certification of the claim or exception shall be required in the absence of any referral to another court.

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§ 30-2-315. Trial of disputed claims where no jury demanded — Appeals — Independent suits, effect.

(a)
1. (1) The clerk shall, within ten (10) days after the filing of exceptions to a claim, in which matter no jury is demanded, as herein provided, fix a date for the hearing thereof by the court, and mail notice of the hearing to the personal representative, to the claimant whose claim has been excepted to, and to the party filing the exception. The date so fixed shall be not less than fifteen (15) days after the date of the mailing of the notice, nor more than eight (8) months after the date of the notice to creditors.
2. (2) The court shall hear and determine all issues arising upon all the exceptions.
3. (3) No other pleadings shall be required and the testimony may be taken orally or by deposition.
4. (4) The court shall assess the costs accruing in consequence of the exceptions in accordance with its discretion, and all costs assessed against the personal representative shall be a proper charge against the estate.
(b) A judgment upon the findings of the court shall be entered in the court and from the judgment an appeal may be perfected within thirty (30) days from the date of entry of the judgment, to the court of appeals or the supreme court, as the case may be. The procedure on appeal shall be governed by the Tennessee Rules of Appellate Procedure.
(c)
1. (1) Notwithstanding §§ 30-2-306 — 30-2-314, whenever there is instituted in any other court of competent jurisdiction an independent suit against a personal representative involving liability of the estate, and a claim founded on the same cause of action is or has been filed against the estate in the manner provided in §§ 30-2-307 and 30-2-308, which claim has not been adjudicated by the court in which the administration is pending, the court in which the administration is pending shall hold in abeyance any action on the claim until the final determination of the independent suit, whereupon, on the filing of a certified copy of the final judgment or decree with the clerk of the court in which the administration is pending, that court is authorized to enter judgment accordingly.
2. (2) This subsection (c) is not intended to deprive the judgment creditor of any other remedy provided by law for the enforcement of the final judgment or decree rendered in the independent suit.

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28-3-102(b)

§ 30-2-316. Judgment on claims where no exceptions filed.

After the lapse of ninety (90) days from and after the expiration of the time for entering exceptions to claims filed against the estate, the court may, upon the written application of any creditor having a matured claim on which no independent suit is pending, to whose duly filed claim no exception has been filed as provided in § 30-2-314, enter judgment for the creditor against the estate; provided, that not less than five (5) days' prior written notice of intention to file an application shall be given to the personal representative, stating the time at which the application is to be presented to the court.

§ 30-2-317. Priority of claims — Payment — Contested or unmatured claims.

(a) All claims or demands against the estate of any deceased person shall be divided into the following classifications, which shall have priority in the order shown:
1. (1) First: Costs of administration, including, but not limited to, premiums on the fiduciary bonds and reasonable compensation to the personal representative and the personal representative's counsel;
2. (2) Second: Reasonable funeral expenses;
3. (3) Third: Taxes and assessments imposed by the federal or any state government or subdivision of the federal or any state government, including claims by the bureau of TennCare pursuant to § 71-5-116 and including city and county governments; and
4. (4) Fourth: All other demands that may be filed as aforementioned within four (4) months after the date of notice to creditors.
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- 35-15-505(a)(6)
(b) All demands against the estate shall be paid by the personal representative in the order in which they are classed, and no demand of one class shall be paid until the claims of all prior classes are satisfied or provided for; and if there are not sufficient assets to pay the whole of any one class, the claims in that class shall be paid pro rata.
(c) Debts due upon bills single, bonds, bills of exchange and promissory notes, whether with or without seal, and upon settled and liquidated accounts signed by the debtor, are of equal dignity, unless otherwise provided, and are to be paid accordingly.
(d) The personal representative shall hold aside sufficient funds or other assets to pay each contested or unmatured claim (or the proper ratable portion thereof, as the case may be) with interest (if the claim be one bearing interest), until it is determined whether or not the claim is to be paid, or until an unmatured claim has reached maturity, also sufficient assets to meet the expenses of pending litigation and costs of court and any unpaid taxes.

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§ 30-2-318. Payment of claims prior to time fixed for payment.

(a) At any time prior to the expiration of the period fixed for the payment of claims, the personal representative may pay the preferred claims as provided in § 30-2-317 for which the estate may be liable, and upon order of court any debt of the decedent for which security may have been given that is in danger of being sold by way of foreclosure to the detriment of the estate.
(b) If the executor or administrator knows or is willing to undertake that an estate is solvent, the executor or administrator may pay debts, but if the executor or administrator pays any debts other than those specified in subsection (a) prior to the expiration of the time fixed for the payment of claims, and the estate proves insolvent, the executor or administrator and the sureties of the executor or administrator shall be liable to each and every creditor for the creditor's ratable share of the insolvent estate.

§ 30-2-319. Time for payment of claims.

All uncontested claims and all contested claims that have been finally adjudged and allowed shall be paid by the personal representative as soon as practicable (not in any event to exceed ninety (90) days) after the expiration of the date on which the personal representative could file an exception to the claim pursuant to § 30-2-314(a), if, after having segregated sufficient assets to meet the contingent liabilities referred to in § 30-2-317, adequate assets are in the personal representative's hands for this purpose, payment being made according to the classification of the claims.

§ 30-2-320. Pending actions considered legally filed demands — Manner of revival.

All actions pending against any person at the time of that person's death, that by law may survive against the personal representative, shall be considered demands legally filed against the estate at the time of the filing with the clerk of the court in which the estate is being administered of a copy in duplicate of the order of revivor, one (1) of which copies shall be certified or attested, a notation of which shall be entered by the clerk in the record of claims, as in the case of other claims filed. Pending actions not so revived against the personal representative within the period prescribed in § 30-2-307(a) shall abate.

§ 30-2-321. Computation of time.

Wherever in this title any period of time is required to be computed from the date of the notice to creditors, the computation shall be made from the date of the first publication of the notice, in case of published notices, or from the date of the posting of the notice, in case of posted notices, as shown by the filed proof of the publication or of the posting of the notices as required by § 30-2-306.

§ 30-2-322. Continuance of decedent's business.

(a)
1. (1) The probate court of the county of the decedent's residence at the time of decease, when not contrary to the decedent's will, if any, may authorize the personal representative to continue the business of the decedent upon such conditions as it may impose, for an original period not exceeding nine (9) months from the date of the executor's or administrator's appointment. This authority may be granted upon such notice as the court considers reasonable, or without prior notice, either at the time of the qualification of the personal representative, if the petition for appointment contains a prayer therefor, or thereafter during the period of administration.
2. (2) If, prior to the granting of this authority, notice has not been given to all parties in interest, it shall be given within five (5) days thereafter, or within such extended time as the court, for cause shown shall allow, in a manner and for a period considered reasonable by the court.
3. (3) The court, for cause shown, and upon such notice as it considers reasonable, may extend this authority beyond nine (9) months.
(b) Any party in interest may, at any time, petition the court to revoke or modify an order granting authority to the personal representative to continue a decedent's business.

§ 30-2-323. Advances for property maintenance expenses.

Unless contrary to the decedent's will, the personal representative of the estate is authorized, but not required, to advance or to pay as an expense of administration for a period of up to four (4) months after the decedent's death the reasonable costs of routine upkeep of any real property passing under the will of the decedent or by intestate succession. These authorized expenditures, which may be made in the personal representative's discretion, shall include those for utility services, day-to-day maintenance, lawn service, and insurance premiums but shall not include mortgage note payments, real estate taxes, major repairs or other extraordinary expenses. None of the foregoing limitations shall apply to any real property that is actually part of the probate estate being administered.

§ 30-2-324. Dismissing probate case without prejudice after notice.

(a) After notice has been sent to the last known address of the personal representative of the estate, the attorney for the estate and any beneficiaries of the estate, the court may enter an order, without liability to the clerk of the county of administration, dismissing, without prejudice, a probate case if:
1. (1) No order of disposition has been entered;
2. (2) The case has been open for a period of time in which disposition could have occurred, but in no event less than eighteen (18) months from the order opening the estate; and
3. (3) The administration of the estate remains incomplete.
(b) A dismissal pursuant to this section shall only operate to close the administration and not invalidate any previous order of the court in the proceeding.

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 and circuit courts to sell real estate of decedents and for distribution or partition, and the mode of procedure in such a case in the probate court shall conform in every respect to the rules and regulations laid down for the conduct of similar causes in the chancery and circuit courts.

§ 30-2-402. Petition in court of administration for sale of realty — Procedure.

(a) If the personal property available appears to be insufficient to pay debts and expenses, the personal representative, or a creditor whose claim is duly filed, may, at any time, file a petition in the court in which the estate is being administered, for the sale of the decedent's land, or so much of the land as may be necessary, regardless of the county in which the land lies; provided, if all of the land to be sold lies outside of the county of administration, the sale shall be held in the county in which such land lies upon such notice as may be prescribed by the court and the clerk shall file for record in the office of the register of deeds in the county where the land lies a certified copy of the decree confirming the sale or deed thereto and charge the expenses of sale and cost of recording as a part of the costs of the cause.
(b)
1. (1) The surviving spouse, heirs, devisees, encumbrancers, and others interested in the realty, excepting creditors, shall be impleaded.
2. (2) No preliminary formal suggestions of insolvency need be made, nor advertisement for creditors other than that already made under the requirements of § 30-2-306.
3. (3) Nothing in the proceeding nor in any decree made in the proceeding, shall change the manner or affect the time for filing claims as provided in § 30-2-307.
4. (4) Hearings may be upon oral testimony.
5. (5) The court shall have the same powers as a court of chancery in like cases, and the mode of procedure, except as modified in this section, shall follow that prescribed for the conduct of such causes in chancery.
(c) If, upon the hearing, the court is satisfied that the personal estate is insufficient as mentioned in subsection (a), and that the land ought to be sold, it may decree the sale of the land in whole or in part, subject to subsequent confirmation by the court. The court is also empowered, in a like proceeding, to ratify contracts of private sale and to authorize the consummation of the contracts by the personal representative. Every deed made pursuant to such orders of court, whether issued as the result of a public or a private sale, and every decree of court divesting and vesting title shall be effective to divest all the right, title and interest, legal and equitable, in the property sold, and vest the title and interest in the purchaser.
(d) The heir or devisee whose land shall be sold has the privilege, either in this cause or by subsequent application, to compel all others holding or claiming under the decedent to contribute in proportion to their respective interests for the purpose of equalizing the burden of the loss.
(e) Nothing in subsections (a)-(d) shall be construed as divesting the jurisdiction or powers now possessed by the chancery court in respect of the administration of insolvent estates of decedents.

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30-2-701

§ 30-2-403. Petition in equity for sale of realty by chancery, circuit, or probate court in county where land lies.

(a) Where an executor not authorized by will to sell and convey real estate, or an administrator, has exhausted the personal estate of the deceased in the payment of the deceased's debts, leaving just debts or demands against the deceased unpaid, or paid by the representative out of the representative's own means, and the deceased died seized and possessed of real estate, the chancery, circuit, or probate court of the county where the real estate or a portion of it lies, may, on the petition of the personal representative, or any bona fide creditor whose debt remains unpaid, decree the sale of those lands, or of such portions of the lands as may prove least injurious to the heirs and legal representatives, and as may be sufficient to satisfy the debts or demands set forth in the bill or petition, and shown to exist.
(b) This proceeding may be had in any county where any portion of the land lies, and the court may decree a sale of any lands in any county.

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30-2-405

§ 30-2-404. Proof of exhaustion of personalty.

Before making a decree for the sale of lands, it shall be made to appear to the satisfaction of the court that the personal estate has been exhausted in the payment of bona fide debts, and that the debts or demands for which the sale is sought are justly due and owing either to creditors or to the personal representative for advances out of the personal representative's own means to pay just demands against the estate.

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30-2-405

§ 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 as other suits in equity.

§ 30-2-406. Complaint in equity by creditor serving as administrator.

(a) Where administration is granted to any person on account of the person being a creditor of the intestate, and there are not personal assets sufficient to satisfy the debt or demand of that administrator, the person may proceed against the heirs or devisees of the deceased for the recovery of the person's debt or demand, to the court having probate jurisdiction of the county in which the administration was granted, a complaint, setting forth the nature of the debt or demand, and the amount of it, praying that the heir or heirs may be made defendants to the proceedings.
(b) Upon this complaint being filed in the clerk's office, the same proceedings shall be had, and the defendants shall be bound by, and be subject to, the same rules as in other cases in equity.

§ 30-2-407. Execution against property in heir's hands.

If a decree is made against the heir or heirs, or any of them, execution shall be issued against the real estate of the deceased debtor in the possession of the heir or heirs against whom the decree is given.

§ 30-2-408. Claims against alienated property.

(a) If an heir or devisee aliens the land before an action is brought or process sued out, the heir or devisee shall be answerable to any creditor of the decedent for the ancestor's debts to the value of the lands aliened.
(b) Within six (6) months from the death of any person, a mortgagee or purchaser for value from the heir or devisee of the decedent shall take subject to the right of any creditor of decedent whose debt is otherwise unsatisfied to subject the realty to the payment of the decedent's debts, as in this title provided. If administration has been granted on the estate of the decedent during the period of six (6) months, the rights of creditors whose claims are ultimately established in the administration as valid obligations of the estate shall constitute liens on the realty of the decedent, which realty may be subjected to these liens in the hands of the heir or the heir's alienees as in this title provided.
(c) After six (6) months have elapsed from the death of any person, and no personal representative has qualified to administer on the decedent's estate, a mortgagee or purchaser for value from the heir of the decedent shall take title free from the right of any nonlien creditor to subject the same to the payment of the decedent's debt, unless the mortgagee or purchaser takes with actual knowledge of the debt.
(d) After six (6) months have elapsed from the death of any person, a mortgagee or purchaser for value from the heir of the decedent shall take free from the title, right, or claims of all persons claiming under any unprobated will of the decedent, unless the mortgagee or purchaser for value has actual knowledge of the existence of the unprobated will.

§ 30-2-409. Proceeding by scire facias when debt sued on prior to deceased's death.

(a) Where no person will administer on the estate of the deceased, any person who has commenced a suit against the deceased in the lifetime of the deceased may issue a scire facias against the deceased's heirs or devisees, for whom, in case they are minors, the court shall appoint a guardian ad litem for the purpose of defending the suit.
(b) On return of the scire facias made known to the guardian and heirs, or devisees, the plaintiff may prosecute the suit to judgment and execution against the real estate of the ancestor descended or devised to the heirs or devisees.

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30-2-416

§ 30-2-410. Proceeding by scire facias when personalty exhausted or insufficient.

Where, in a suit against an executor or administrator, the plea of “fully administered,” “no assets,” or “not sufficient assets to satisfy the plaintiff's demand,” is found in favor of an executor or administrator, the plaintiff may proceed to ascertainment of the plaintiff's demand, and entry of judgment; but before taking out execution against the real estate of the deceased debtor, the heirs or devisees of the deceased debtor shall be summoned by scire facias to show cause why execution should not be issued against the real estate for the amount of the judgment, or so much of it as there may not be personal assets to discharge.

§ 30-2-411. Service of scire facias.

When any such heir or devisee is a minor and has a guardian, the scire facias shall be served on the guardian and heir, but if the minor has no guardian, the court shall appoint one to defend the suit.

§ 30-2-412. Judgment without appearance.

Upon the return of two (2) writs of scire facias, that the heirs or devisees have been summoned on each, or that they reside out of the state, so that they cannot be summoned, and have no guardians upon whom the writ can be executed, judgment shall be given against the real estate in their hands, though no appearance be made for them.

§ 30-2-413. Plea of sufficient assets, waste, or concealment — Trial of collateral issue — Execution.

(a) To this writ the heirs or devisees may plead that the executors or administrators have sufficient assets, or that they have wasted or concealed the assets, upon which plea the court shall order the trial of a collateral issue between the personal representative and the heirs or devisees.
(b) If this issue be found against the representative, the original plaintiff or complainant shall have execution not only against the goods and chattels of the deceased debtor, but also against the proper goods and chattels, lands and tenements of the representative.

§ 30-2-414. Execution issuing against realty.

If judgment or decree pass against the heirs or devisees, or any of them, execution shall be issued against the real estate of the deceased debtor descended or devised.

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30-2-415

§ 30-2-415. Contribution among devisees or heirs.

If upon a judgment or decree pursuant to § 30-2-414, a devisee or heir is evicted from the real estate devised or descended to the devisee or heir, the devisee or heir may bring an action at law or suit in equity against the other devisee or devisees, heir or heirs, for the evicted devisee or heir's proportion of the value of the land sold, suggesting in the declaration or bill of complaint the value of the several devises or descents, and the recovery against the other devisee or devisees, heir or heirs, shall be in proportion to the value of all the devises or inheritances proved on the trial, without regard to the sum for which the estate of which the devisee or heir was evicted was sold.

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30-2-416

§ 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 a deceased person, whose real estate has been sold for the satisfaction of the deceased's debts, by virtue of proceedings under §§ 30-2-409 — 30-2-415, institute suit for the recovery of the real estate against the purchaser, in consequence of failure to serve the scire facias personally on the minor heirs, the court rendering the judgment, upon the application of the purchaser, shall set aside the satisfaction of the original judgment or execution, and thereupon the original judgment shall be revived, and may be enforced by the purchaser against the real estate in the same way as the original judgment could have been enforced by the original creditor.

§ 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 decedent's debts, and assets that should have been applied to the debts are afterwards discovered, or, for any reason, personal property of decedent, that should have been so applied afterwards comes to the hands of the personal representative, legatee or next of kin, the heir, devisee, or other person aggrieved, may maintain an action to procure reimbursement therefrom.

§ 30-2-418. Court-ordered sale of real estate — Notice — Hearing.

(a) In the case of a will that does not give the personal representative the power to sell real estate, and in intestate estates, when the personal estate is ascertained by the report of the clerk, and the confirmation of the report by the court, to be insufficient for the payment of the debts of the estate, administrative expenses, inheritance taxes and estate taxes, the court shall direct that the real estate, subject to sale, or so much of the real estate as is necessary, be sold for the payment of the debts, expenses and taxes.
(b) The clerk shall notify the devisees or heirs, the surviving spouse and other interested parties that the court will conduct a hearing to determine the advisability of selling real estate and to authorize the sale.
(c) The devisees or heirs, the surviving spouse and other interested parties shall be made parties to the proceedings but it shall not be necessary that all parties be before the court for an order to be made therein.
(d) After notice to the parties and after considering the appraisal of one (1) qualified real estate appraiser as to the fair market value of the property, the court may order the sale of real estate. The sale may be by public or private means and upon such terms and conditions as the court may direct or approve.

Part 5 Suits Against Representatives

§ 30-2-501. Time limitation for suit — State tax lien.

(a) Other than by filing of claims or the revivor of actions pending against the decedent at the time of the decedent's death, no suits shall be brought or other action taken by any creditor against the estate until the expiration of three (3) months from the issuance of letters, and nothing in this part shall be so construed as to permit the filing of claims or revivor of pending actions, or institution of suits against the personal representative after twelve (12) months from the date of death of the decedent, except, however, for insolvency proceedings or claims filed by creditors within the period prescribed in the notice published or posted in accordance with § 30-2-306(b).
(b) Where any taxes were owed to the state by the decedent at the time of death, any and all property of such decedent, or an amount equal to the proceeds derived from the disposal thereof, shall be subject to the state's common law lien for delinquent taxes for a period of six (6) months following death or until payment within that period, which lien shall be enforceable by distress warrant in accordance with title 67, chapter 1, part 12.

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30-2-504

§ 30-2-502. Premature suit — Abatement — Judgment voidable.

(a) To all suits instituted within three (3) months after issuance of letters, the administrator or executor shall plead the prematurity of the action in abatement, or, in default thereof, shall be held liable as for a devastavit, if the estate proves insolvent.
(b) A judgment by confession or by default within the period of three (3) months against an administrator or executor, shall be deemed as to the estate voidable.

§ 30-2-503. Revival of judgments against deceased.

Judgments obtained against the deceased in the deceased's lifetime may be revived without delay.

§ 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 shall be so construed as to exempt a personal representative from suit by either a creditor or a beneficiary for waste or misappropriation of the assets of the estate or other wrongful act in connection therewith, or to affect any existing statute of limitation applicable to such a suit, or to preclude the enforcement against the property affected by it of any subsisting lien that shall endure beyond the time fixed herein for filing claims.

§ 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 or administrator be returned “no property to be found,” the judge who rendered the judgment, or who holds the papers in the cause, shall, on suggestion and application of the plaintiff, the plaintiff's agent or attorney, return the papers to the next circuit court of the plaintiff's county.

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30-2-506

§ 30-2-506. Proceedings on general sessions court's execution.

Upon the return of papers under § 30-2-505, scire facias shall be issued, and all other proceedings had for the satisfaction of the judgment, either out of the goods and chattels, lands and tenements of the defendant, in case the executor or administrator has wasted the assets, or out of the real estate of the deceased.

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30-2-507

§ 30-2-507. Proceedings on judgment against deceased.

The like proceeding as provided in § 30-2-506, shall be had in case of an execution issued after the death of the debtor, and returned “nothing to be found,” on a judgment recovered in the debtor's lifetime.

Part 6 Accounts and Settlements

§ 30-2-601. Accountings — Statement in lieu of accounting.

(a)
1. (1) Within fifteen (15) months from the date of qualification, the personal representative shall make an accounting with the clerk of the court exercising probate jurisdiction in the county of the estate. If accountings have been waived by the decedent's will or other pleadings filed with the court, the personal representative shall not be required to file a detailed accounting but shall be required to file a status report detailing any remaining estate issues within fifteen (15) months from the date of qualification and each year thereafter that the estate remains open. Upon application of one (1) or more of the distributees of the residue, the court may require the personal representative to file a detailed accounting with the court.
2. (2) After the first accounting and until the estate is fully administered, the personal representative shall make further accountings annually from the date of the first accounting. The accountings shall state all receipts, disbursements and distributions of principal and income for the accounting period and the remaining assets held in the estate and shall be verified by the oath of the personal representative before the clerk or any person authorized by law to administer oaths in such cases.
3. (3) The final accounting shall state the personal representative has mailed or delivered notice of the requirement to file claims required by § 30-2-306(d) to the creditors of the decedent who were known to or reasonably ascertainable by the personal representative.
4. (4) For good cause shown to the court, it may extend the time for filing the accountings. However, detailed accountings of solvent estates may be waived if:
  1. (A) The decedent by the decedent's will waived the requirement for the personal representative to make court accountings of the estate; or
  2. (B) All of the distributees of the residue file with the clerk of the court sworn waivers, or statements under penalty of perjury, excusing the personal representative from filing all court accountings.
(b)
1. (1) If all court accountings are waived by the decedent's will or by the distributees as above provided and notwithstanding any other provisions of probate law to the contrary, the personal representative and the distributees of the residue of a solvent estate, in which all legitimate claims against the estate have been satisfied, may file separate statements with the clerk of the court at any time after the period for creditors to file claims against the estate has expired, which statement by the personal representative shall state substantially the facts in subdivision (b)(1)(A) and which statement by the distributees of the residue shall state substantially the facts in subdivision (b)(1)(B); except that no statement acknowledging receipt shall be required of a distributee who is also the personal representative:
  1. (A) That the personal representative has properly administered the estate, has paid or settled all claims that were lawfully presented, has paid all expenses of administration, has mailed or delivered notice of the requirement to file claims, as prescribed in § 30-2-306(d), to the creditors of the decedent who were known to or reasonably ascertainable by the personal representative, has for estates where the death occurred prior to January 1, 2016, filed with the court a final receipt from the department of revenue unless waived pursuant to § 67-8-409(g), has distributed the estate according to the will and obtained and filed receipts for specific bequests as required by § 30-2-707, or has distributed the estate according to the laws of intestate succession; and
  2. (B) That the distributees of the residue acknowledge that the estate has been properly distributed to them.
2. (2) If the personal representative has made diligent efforts, satisfactory to the court, to obtain an acknowledgement from any distributee, and one (1) or more have failed to comply, the personal representative may move the court for closure of the estate by giving notice of the pending settlement to the noncompliant distributee. Failure of the noncompliant distributee to appear or participate in the hearing shall result in a final order closing the estate.
(c) The filing of this statement, and without the requirement of notice of an accounting by the clerk, relieves the personal representative and all distributees of any requirement of law or rule to file a detailed statement, accounting or receipt of any property, money or other items received from the estate. This section does not apply unless all distributees of the residue of an estate file this statement in lieu of a more detailed accounting that may otherwise be required.
(d) In connection with any final settlement with the court, it is necessary for the receipt of any legatee or distributee to be executed under penalty of perjury or otherwise sworn before the clerk or a notary public, in a form developed by the administrative office of the courts. The form shall be posted on the website of the administrative office of the courts where it can be copied by the legatee or distributee or provided to the legatee or distributee by the court or the court clerk.
(e) In connection with any accounting, to support the financial information reported, the personal representative shall submit with the accounting the original of each cancelled check written on the estate account unless:
1. (1) The personal representative is a bank to which § 45-2-1003(c) applies or a savings and loan association to which § 45-2-1003(c) would apply if the savings and loan association were a bank, in which case the personal representative shall comply with § 45-2-1003(c); or
2. (2) The estate account is maintained in a financial institution, as defined in § 34-1-101, that does not return the cancelled checks but provides a printed statement showing the date the check cleared, the payee and the amount, in which case the personal representative shall submit a printed statement from the financial institution.

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30-2-602

§ 30-2-602. Citation to appear and settle — Punishment for disobedience.

If any personal representative fails to settle the accounts or file a status report as prescribed in § 30-2-601, the clerk shall cite the personal representative to appear and settle on a given day, to be specified in the citation, and if the personal representative disobeys the citation, the citation being duly returned, with service endorsed on it, or endorsement to the effect that the personal representative avoids service, that disobedience or avoiding of service shall be a contempt of court, and punishable as such. At the clerk's discretion, any citation issued for the appearance of a personal representative pursuant to this section may be served by sending such citation by certified mail with return receipt to the personal representative's last known address.

§ 30-2-603. Service of notice of accounting.

(a) No account of any personal representative shall be taken until the clerk of the probate or chancery court, taking the account, or the personal representative or the personal representative's attorney has served the parties interested with notice of taking the account at least five (5) days before the time fixed for taking the account. This notice may be waived in writing by any legatee, distributee or other person interested in the estate.
(b) If addresses of heirs, distributees, or other persons interested in the estate are unknown, the personal representative or the personal representative's attorney shall publish notice of the accounting in a newspaper of general circulation in the county with jurisdiction over the probate proceedings.

§ 30-2-604. Examination of representative under oath.

The clerk or commissioner may, and, when it seems to the clerk or commissioner necessary, shall examine the accounting party, upon oath, touching the representative's receipts and disbursements.

§ 30-2-605. Continuance of settlement.

On sufficient cause shown by affidavit, the clerk may continue the settlement from time to time.

§ 30-2-606. Charges, disbursements, and compensation credited to accounting party.

The clerk shall charge every accounting party with all sums of money the accounting party has received, or might have received by using due and reasonable diligence, and shall credit the accounting party with a reasonable compensation for services, and with disbursements supported by lawful vouchers.

§ 30-2-607. Exceptions to account — Appeal from decision of clerk.

Any person interested in the estate may except to the account within a thirty-day period after it has been stated by the clerk, and, if dissatisfied with the clerk's decision on the exceptions, may within an additional thirty-day period appeal to the court. The clerk shall, within five (5) days after the filing of exceptions to the clerk's decision, mail copies of the exceptions to the personal representative and the personal representative's attorney of record.

§ 30-2-608. Incomplete inventory.

Any person interested in any deceased person's estate as legatee, distributee, surviving spouse, creditor, or otherwise, may, at any time before final settlement of the estate, show by proof that the personal representative has not returned a complete inventory, and the article or articles omitted in the inventory shall be debited to the personal representative at the value of the article or articles, unless the personal representative can show a sufficient reason for leaving the article or articles out of the inventory.

§ 30-2-609. Appeal from judgment of court.

(a) In any county having a population of five hundred thousand (500,000) or more according to the 2000 federal census or any subsequent federal census, when the court having probate jurisdiction finally settles an account, any person adversely affected by the settlement may appeal from the judgment to the court of appeals.
(b) In any county having a population of less than five hundred thousand (500,000) according to the 2000 federal census or any subsequent federal census, when the court having probate jurisdiction finally settles an account:
1. (1) If the judge serving such court is the circuit court judge or chancellor of the judicial district, then any person adversely affected by the settlement may appeal from the judgment to the court of appeals; or
2. (2) If the judge serving such court is not the circuit court judge or chancellor of the judicial district, then any person adversely affected by the settlement may appeal from the judgment to the appropriate trial court of general jurisdiction in which case the trial judge shall hear the matter de novo.
(c) Except in any county having a population of five hundred thousand (500,000) or more according to the 2000 federal census or any subsequent federal census, the appeal of any decision, ruling, order, or judgment of a probate court that is served by a judge who is not the circuit court judge or chancellor of the judicial district in which the matter arose shall be to the appropriate trial court of general jurisdiction in which case the trial judge shall hear the matter de novo.
(d) The appeal of any decision, ruling, order, or judgment of a probate court that is served by the circuit court judge or chancellor of the judicial district in which the matter arose (or of a probate court in any county having a population of five hundred thousand (500,000) or more according to the 2000 federal census or any subsequent federal census), shall be to the court of appeals as otherwise provided by law or rule of court.
(e)
1. (1) Subdivision (b)(2) and subsection (c) shall not apply in counties having a population of:
  3. 39,05039,150
  4. 44,20044,300
  5. 71,10071,200
  6. 88,80088,900
  7. 105,800105,900
2. according to the 2000 federal census or any subsequent federal census.
3. (2) In any county set out in subdivision (e)(1), any person adversely affected by the settlement or any decision, ruling, order, or judgment of the probate court shall appeal to the court of appeals unless otherwise prohibited by law or rule of court.

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§ 30-2-610. Settlement prima facie evidence when recorded.

The settlement, when so made, and recorded, shall be prima facie evidence in favor of the accounting party.

§ 30-2-611. Fees of clerk.

Besides the fees allowed to the clerk for the clerk's service, as provided in [former] § 8-21-701(28)-(30) [repealed] for taking and stating accounts, the clerk shall receive such further sum as the court of first instance or on appeal may allow, upon a confirmation of the settlement.

§ 30-2-612. Balance payable to clerk's office — Award of execution.

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.

§ 30-2-613. Failure to settle accounts — Indictment — Penalty.

(a) No executor or administrator shall neglect or refuse, for thirty (30) days after service of a subpoena, to appear before the clerk of the probate court and settle the accounts.
(b) The clerk of the probate court shall return to the clerk of the circuit or criminal court, on or before the first day of every term of the court, having jurisdiction, a list of delinquent executors and administrators, and the district attorney general shall, ex officio, prefer against each of them an indictment without a prosecutor.
(c) Upon conviction of this offense, upon indictment or presentment in the circuit or criminal court, the delinquent shall be fined not less than one dollar ($1.00) nor more than twenty-five dollars ($25.00).

§ 30-2-614. Proration of federal estate taxes and Tennessee inheritance or estate taxes.

(a) For the purposes of this section, “persons interested in the estate” means all persons who may be entitled to receive, or who have received, any property or interest that is required to be included in the gross estate of a decedent, or any benefit whatsoever with respect to any such property or interest, whether under a will, or intestacy, or by reason of any transfers, trust, estate, interest, right, power, relinquishment of power, gift in contemplation of death, gift taking effect in possession or enjoyment at or after death, or any other transfer inter vivos that is subject to federal death taxes, or the proceeds of any insurance policies that are subject to federal death taxes.
(b) Whenever the personal representative of an estate has paid an estate or death tax to the government of the United States under any federal tax law now in effect or hereafter enacted by congress, upon, or with respect to, any property required to be included in the gross estate of a decedent under any federal tax law, the amount of the tax so paid, except in a case where a testator otherwise directs in the testator's will, shall be equitably prorated among the persons interested in the estate to whom such property is or may be transferred or to whom any benefit accrues. This proration shall be made by the personal representative in the proportion, as near as may be, that the value of the property, interest or benefit of each interested person bears to the total value of the property, interests and benefits received by all persons interested in the estate, except that in making the proration allowances shall be made for any exemptions granted by the law imposing the tax and for any deductions allowed by that law for the purpose of arriving at the value of the net estate; and, except that in cases where a trust is created, or other provision made by which any person is given an interest in income, or an estate for years, or for life, or only temporary interest in any property or fund, the tax on both the temporary interest and on the remainder thereafter shall be charged against and paid out of the corpus of the property or fund without apportionment between remainders and temporary estate.
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- 31-4-101(d)
(c) So far as is practicable, and unless otherwise directed by the will of the decedent, the tax shall be paid by the personal representative, as such, out of the estate before its distribution. In all cases in which any property required to be included in the gross estate does not come into the possession of the personal representative, as such, the personal representative shall have the power and the duty, to recover from whomever is in possession, or from the persons interested in the estate, the proportionate amount of the tax, including interest, attorney fees and other costs of collection, payable by the persons interested in the estate with which the persons interested in the estate are chargeable under this section.
(d) No personal representative, or other person acting in a fiduciary capacity, shall be required to transfer, pay over or distribute any fund or property with respect to which a federal estate or death tax is imposed until the amount of the tax or taxes due from the devisee, legatee, distributee or other person to whom that property is transferred is paid, or, if the apportionment of the tax has not been determined, adequate security is furnished by the transferee for this payment.
(e) For a decedent dying before January 1, 2016, Tennessee estate or inheritance taxes, as the case may be, shall be prorated equitably among the beneficiaries and persons interested in the estate, except in a case where a testator otherwise directs in the testator's will, by the same method as described in subsections (a)-(d), except that the proration of the Tennessee tax shall be made in the proportion that the value of the property, interest or benefit of each beneficiary or interested person bears to the total value of the property, interests and benefits taxable in Tennessee and received by all persons interested in the estate. In making the proration, allowances shall be made for any exemptions granted by the Tennessee law imposing the tax and for any deductions allowed by that Tennessee law for the purpose of arriving at the value of the net estate. All definitions and rights or responsibilities of the personal representative applicable to the federal tax, as stated in subsections (a)-(d), shall be applicable to the determination of the prorated Tennessee tax payable by each beneficiary or person interested in the estate.
(f) In the event the personal representative is unable to arrive at a satisfactory allocation of the tax, including interest, attorney fees and other costs of collection, among the beneficiaries and other persons interested in the estate as provided in subsections (b)-(e), the personal representative shall be authorized to file a petition in the probate court of the county in which the estate is being administered for the purpose of securing an adjudication with reference to the allocation. The probate court in such a case shall make a decree or order directing the personal representative to charge the prorated amounts against the persons against whom the tax, including interest, attorney fees and other costs of collection, has been so prorated, insofar as the personal representative is in possession of property or interests of such persons against whom the charge may be made, and summarily directing all other persons, against whom the tax, including interest, attorney fees and other costs of collection, has been prorated or who are in possession of property or interests of those persons, to make payment of the prorated amounts to the personal representative. The probate court of the county in which the estate is being administered shall have jurisdiction to entertain any proceeding or dispute under this section and to make disposition thereof. All such proceedings shall be maintained according to the forms of chancery.

§ 30-2-615. Settlement agreements — Estate administration.

(a) The personal representative and all persons whose consent is required to reach a binding settlement to be approved by the court may enter into a binding nonjudicial settlement agreement regarding any matter involving estate administration.
(b) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose or intention of the testator and includes terms and conditions that could be properly approved by the court under this section or other applicable law.
(c) Matters that may be resolved by a nonjudicial settlement agreement include:
1. (1) The interpretation or construction of the terms of the will;
2. (2) Liability of a personal representative for an action relating to the administration of the estate;
3. (3) The approval of an investment decision, delegation, policy, plan, or program occurring during estate administration;
4. (4) Appointment of a trustee of a trust established by the will in the event of a vacancy in the office of the designated trustee;
5. (5) Change of principal place of administration of a trust established by the will;
6. (6) Change of governing law of a trust established by the will;
7. (7) Approval of attorney and personal representative fees; and
8. (8) Directing the decedent's real property to be administered as part of the estate that is subject to the control of the personal representative.
(d) A nonjudicial settlement agreement entered into pursuant to this section is final and binding on all parties to the agreement, including individuals validly represented as provided by title 35, chapter 15, part 3.
(e) Any party to the nonjudicial settlement agreement may request the court to:
1. (1) Approve a nonjudicial settlement agreement;
2. (2) Determine whether the representation as provided in subsection (d) was adequate;
3. (3) Determine whether the agreement violates a material purpose or intention of the testator; or
4. (4) Determine whether the agreement contains terms and conditions the court could have properly approved.
(f) Entering into or petitioning a court regarding a nonjudicial settlement agreement under this section does not constitute a violation of an in terrorem provision.
(g) A nonjudicial settlement agreement must not be utilized in a manner that would cause the disqualification or loss of the federal estate tax marital deduction under § 2056(a) or § 2523(a) of the Internal Revenue Code (26 U.S.C. § 2506(a) or § 2523(a)), charitable deduction under § 170(a), § 642(c), § 2055(a), or § 2522(a) of the Internal Revenue Code (26 U.S.C. § 170(a), 642(c), § 2055(a), or § 2522(a)), or any specific tax benefit under the Internal Revenue Code that would otherwise be lost under this section.

Part 7 Distribution

§ 30-2-701. Distribution of balance — Final settlement.

Upon the payment of all claims that are not contested and upon provision being made for expenses of administration, obligations on account of taxes and assessments that have not been settled, claims not due and undetermined contested claims, together with costs and expenses of litigation, the personal representative shall pay any balance remaining in the personal representative's hands to the distributees or legatees entitled to it, unless granted additional time by the court, or by the terms of the instrument under which the personal representative is acting, and thereafter, when all other legal liabilities have been paid, and the balance remaining has been delivered to those entitled to it or paid to the state treasurer, to be handled in accordance with title 66, chapter 29, part 1, relating to unclaimed property or administered as in § 30-2-402; provided, that in the event of insolvency, the personal representative shall make and file with the court a final settlement of the estate in accordance with chapter 2, part 6 of this title.

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30-2-307(a)(2)

§ 30-2-702. Distributees who cannot be located, infants or persons adjudicated incompetent — Procedure for payment of shares.

(a) Whenever the personal representative of the estate of any deceased person in this state is ready to make a final report and settlement, and is prevented or precluded from making final settlement, because there is no personal representative of the estate of a deceased distributee to receive the share due that distributee or one (1) or more payees or distributees cannot be located or for any reason refuses to receive the share due that distributee, the personal representative shall pay or deliver the share due any such distributee to the state treasurer, to be handled in accordance with title 66, chapter 29, part 1, relating to unclaimed property, and show the payment or delivery in the report.
(b)
1. (1) In cases involving payees or distributees who are infants or persons adjudicated incompetent and without guardian or conservator authorized to receive the property, the personal representative, before making final settlement, shall file a petition in the court in which the estate is being administered setting out this fact and pray for the appointment of a guardian or conservator, unless petition is made pursuant to § 34-1-104.
2. (2) The court shall appoint a guardian or conservator, if practicable, or if impracticable, order the property belonging to such infant or person adjudicated incompetent paid or delivered into the state treasury, unless distribution is ordered pursuant to § 34-1-104.
3. (3) The payment or delivery shall be shown in the report and settlement of the personal representative, exhibiting the receipt of the guardian or state treasurer, as the case may be.
(c) If the personal representative of the estate of a deceased person is unable to locate a distributee and that distributee's share of the estate is either personal property of nominal value or a monetary legacy of nominal value, the personal representative may request instructions from the court concerning the amount, if any, which should be spent in locating the distributee and whether the amount spent in locating the distributee should be a general expense of the estate or a charge against the lost distributee's share and the disposition of the property if the distributee cannot be found, which disposition may include the authority to sell any tangible personal property.

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§ 30-2-703. Disposition of shares — Application and claim for share.

(a) Shares so placed in the state treasury shall not become the property of the state, but shall be and remain trust property demandable at any time by the owner or by the guardian of any owner, distributee or by the personal representative of any deceased owner.
(b) Any person lawfully entitled to receive any money paid into the state treasury pursuant to § 30-2-702 may claim the amount due in accordance with title 66, chapter 29, part 1, governing the disposition of unclaimed property. The state treasurer shall pay the amount, as in other cases, out of any money in the treasury; provided, the state shall not be liable for interest on any fund or funds paid into the state treasury under this law.
(c) Property delivered to the treasurer pursuant to § 30-2-702, may be claimed in accordance with title 66, chapter 29, part 1, governing the disposition of unclaimed property.

§ 30-2-704. Refunding bonds.

Every legatee and distributee, or representative of a legatee or distributee, who applies for payment of that person's portion of the decedent's estate, or any part thereof, prior to the time provided by law, shall, before receiving the payment, give bond with two (2) or more sufficient sureties, or one (1) corporate surety, in double the amount to be paid, payable to the state, conditioned that if any debt or debts truly owing by the deceased shall be afterwards sued for and recovered or be otherwise duly made to appear, the legatee or distributee shall refund and pay the ratable part of the debt or debts out of the share or part so allotted to the legatee or distributee.

§ 30-2-705. Recording, filing, and verity of bond.

The executor or administrator shall bring the bond into the proper court at the next session after its date, and it shall be spread on the minutes, and the original lodged in the office of the clerk, and the bond and the copy on the minutes shall have the verity and character of records.

§ 30-2-706. Scire facias against obligors in refunding bond — Execution.

(a) Where an executor or administrator has pleaded fully administered, no assets, or not sufficient assets to satisfy the plaintiff's or complainant's demand, and that plea has been found in favor of the defendant, and judgment has been recovered against the defendant, to be levied on the assets of the deceased, the creditor, on the creditor's motion, may have scire facias against the obligors in the bond, to show cause why execution should not be issued against them for the amount of the judgment.
(b) If there is judgment against the defendants to scire facias, or any of them, execution may issue on the judgment against the proper goods and chattels, lands and tenements of the defendant or defendants.

§ 30-2-707. Receipt for legacy or share.

Every person interested in the distribution of an estate shall execute to the executor, administrator, clerk, or person whose duty it is to distribute the estate, a receipt for that person's legacy, distributive share, or interest in the estate, upon payment of the same. It shall be necessary for the receipt to be executed under penalty of perjury or otherwise sworn before the clerk or a notary public. In the event that one (1) or more distributees refuse to acknowledge receipt of their respective share, the personal representative shall proceed to close the estate in accordance with chapter 2, part 6 of this title. The receipt shall be in a form developed by the administrative office of the courts. The form shall be posted on the website of the administrative office of the courts where it can be copied by the legatee or distributee or provided to the legatee or distributee by the court or the court clerk.

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§ 30-2-708. [Reserved.]

§ 30-2-709. [Reserved.]

§ 30-2-710. Application to compel payment of distributive share or legacy.

(a) Any distributee or legatee of the estate may, after the expiration of eighteen (18) months from the grant of letters, apply to the probate or chancery court of the county in which administration was taken out, to compel the payment of the distributee's or legatee's distributive share or legacy.
(b) The application shall be by petition or bill, shall set forth the claim of the applicant as legatee or distributee, shall allege that the assets of the estate are more than sufficient to pay the debts, charges, and other claims, if any, entitled to priority, and be verified, by affidavit.
(c) The proceedings under the application shall be conducted as other equitable actions, and heard and determined summarily as soon as practicable.

§ 30-2-711. Affidavit of pedigree.

An affidavit before a commissioner of this state, or before any consul or notary public, as to the pedigree or right as legatee or distributee of any person, may be received as prima facie evidence of the pedigree or right by any personal representative in case no contest arises.

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30-2-301(b)(6)(C)(i)

§ 30-2-712. Affidavit of heirship.

(a) Affidavits duly sworn to upon the personal knowledge of the affiant before an officer entitled to administer oaths in the jurisdiction where the affidavit is made, setting forth any fact or facts concerning the relationship of any parties to persons deceased, or containing a statement of any facts pertinent to be ascertained in determining the persons legally entitled to any part of the estate of the decedent at the time of the decedent's death, shall be accepted for registration, upon presentation, by the registers of deeds in the several counties of the state upon the payment to the register of the usual fees for the recording of instruments entitled under the laws to be recorded.
(b) The register to whom any such affidavit may be presented for registration shall record the same either in special books kept for this purpose or in the books where deeds are recorded, and in indexing the affidavits the register shall note the instruments as “affidavits of heirship,” indexing the name of the decedent as vendor and the names of those listed as heirs as vendees.
(c) Any such affidavit duly sworn to and recorded, or a certified copy of the affidavit if the original is shown to be lost, shall be received as evidence in any court in the state in the county in which the affidavit is recorded as prima facie evidence of the facts stated in the affidavit; provided, however, that no such affidavit shall be used as evidence in any court except in a suit or proceeding in which may be involved the question of the right of a person or persons to succeed to or to receive the property of the decedent named in the affidavit, and then only to establish those facts, or in the criminal court in aid of the prosecution of the maker of the affidavit on the ground that it was and is false. Such affidavits filed with respect to the estates of persons heretofore deceased shall be received for registration and may be used with the same effect as affidavits as to persons dying hereafter.
(d) Any such affidavit that has been copied in the county register's records for twenty (20) years or more before being offered in evidence shall not be rejected as evidence because of any formal defect in the form of the jurat attached thereto.
(e)
1. (1) Any person feeling aggrieved by the recording of any such affidavit, may, at any time within six (6) years of the recording of the affidavit, bring a suit in the chancery court of the county where the affidavit may be recorded, challenging the verity of any or all of the facts that may be stated in the affidavit, and if the court finds any facts set forth in the affidavit are not true according to the proof, it shall order so much of the affidavit as it may find to be false to be expunged from the records of the county. In any proceeding challenging the truthfulness of any fact set forth in any such affidavit, the burden of proof to show the truthfulness of the statement shall rest upon the defendants to the proceeding, and all persons whose interests might be affected by the suit shall be made parties defendant. Any such suit shall be local to the county in which the affidavit may be recorded and nonresident defendants shall be made parties by the usual procedure of publication and the mailing by the clerk and master of a copy of the bill to the last known address of each defendant.
2. (2) If an affidavit has been recorded in more than one county of the state, the action may be brought in any one of those counties; and a certified copy of the judgment or decree of the court in that cause expunging the affidavit, or any part of the affidavit, may be filed for recordation in any of the other counties in which the affidavit may have been recorded; and the recordation of the certified copy of the judgment or decree shall be as effective to work the expunction of the affidavit there recorded as if the suit had been instituted and prosecuted to a conclusion in that county.
(f) Whoever willfully, corruptly and falsely swears to any statement in any such affidavit known by the person to be false, or about which the person does not have sufficiently definite knowledge to justify the making of such a sworn statement, and the statement is false, commits a Class E felony.

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30-2-301(b)(6)(C)(ii)

§ 30-2-713. Satisfaction of pecuniary bequests, devises or transfers by distribution in kind — Agreements with beneficiaries and governmental authorities.

(a) Whenever an executor, administrator with will annexed or a trustee is empowered under the will or trust of a decedent to satisfy a pecuniary bequest, devise or transfer in trust, in kind with assets at their value for federal estate tax purposes, that fiduciary, in order to implement such a bequest, devise or transfer in trust, must, unless the governing instrument provides otherwise, distribute assets, including cash, fairly representative of appreciation or depreciation in the value of all property thus available for distribution in satisfaction of the pecuniary bequest, devise or transfer.
(b) This section is not intended to change the law presently applicable to fiduciaries in this state, but is a statement of the fiduciary principles applicable to fiduciaries and is declaratory of the present law of this state.
(c) The personal representative of an estate and trustees are authorized to enter into agreements with beneficiaries and with governmental authorities, agreeing to make distribution in accordance with this section for any purpose that they deem to be in the best interests of the estate, including the purpose of protecting and preserving the federal estate tax marital deduction for a decedent without regard to the decedent's date of death, or the state inheritance tax marital deduction for a decedent dying before January 1, 2016, as applicable to the estate. The guardian or conservator of a surviving beneficiary or the personal representative of a deceased beneficiary is empowered to enter into agreements pursuant to this subsection (c) for and on behalf of the beneficiary or deceased beneficiary.

§ 30-2-714. Recovery of assets after close of estate.

(a) When all the debts of any deceased person are paid in full, and the administrator or executor of the deceased persons has resigned, or is dead, and there is no person representing the deceased person as administrator or executor, and there are claims due the estate of the decedent, that, from insolvency or other cause, were not collected by the administrator or executor of the decedent, then, the next of kin of the deceased persons may sue for, receive, and collect those claims in their own names; provided, however, that the claims so received shall be distributed in accordance with the statutes of descent and distribution, if the person left no will, but in the event the person left a last will and testament, then in accordance with the will.
(b) If the claims, or any of them, were reduced to judgment in the lifetime of the decedent, or by the decedent's administrator or executor, then the judgment may be revived by scire facias in the name of the next of kin of the decedent, to enable the next of kin to enforce collection of the judgment.

Chapter 3 Absentees' Estates

Part 1 Uniform Law

§ 30-3-101. Short title.

This part shall be known and may be cited as the “Uniform Absence as Evidence of Death and Absentees' Property Law.”

§ 30-3-102. Presumption of death from mere absence — Exposure to specific peril considered — Distribution of funds of absentee.

(a) A person absent from such person's place of residence and unheard of for seven (7) years or longer, whose absence is not satisfactorily explained, is presumed to be dead; provided, however, such presumption may be rebutted by proof.
(b) Exposure to specific peril shall be considered in every case. If during such absence the person has been exposed to a specific peril of death, this fact shall be considered by the court, or if there be a jury, shall be sufficient evidence for submission to the jury.
(c) If the clerks of the respective courts of record and/or the personal representatives have any funds belonging to such absentee who, upon the order of the court, is determined to be dead, such funds shall be distributed according to law as of the date of death of the absentee as determined by the court. The validity and effect of the distribution of the property shall be determined by the court having probate jurisdiction administering the estate.

§ 30-3-103. Provisions of insurance policies relative to proof of absence or death declared invalid — Statutory period of limitations.

(a) No provisions concerning the effect to be given to evidence of absence or of death, in any policy of life or accident insurance or in the charter or bylaws of any mutual or fraternal insurance association executed or adopted after February 15, 1941, shall be valid.
(b)
1. (1) When any such policy, charter or bylaws executed or adopted after February 15, 1941, contains a provision requiring a beneficiary to bring suit upon a claim of death within one (1) year or other period after the death of the insured, and the fact of the absence of the insured is relied upon by the beneficiary as evidence of the death, the action may be begun, notwithstanding such provision in the policy or charter or bylaws, at any time within the statutory period of limitation for actions on contracts in writing dating from the date of the giving of written notice of such absence to the insurer, which notice shall be given within one (1) year from the date when the beneficiary last heard of the absent insured. If such notice is not given, then the statutory period runs from the time when the absent person was last heard of by the beneficiary.
2. (2) Provided, that if the seven (7) year absence is relied upon to establish death, then the statutory period of limitations shall only commence to run at the end of the seven (7) years.

§ 30-3-104. Receiver — Appointment — Powers.

(a) When a person domiciled in this state and having an interest in any form of property disappears and is absent from the person's place of residence without being heard of after diligent inquiry, upon application for a finding of such disappearance and absence and of the necessity for the appointment of a receiver to the chancery court of the county of the absentee's domicile by any person who would have an interest in the property were the absentee deceased or by an insurer or surety or creditor of such absentee, after notice as provided in § 30-3-106 and upon good cause being shown, the court may find that the person was last heard of as of a date certain and may appoint a receiver to take charge of the person's estate. The absentee shall be made a party to the proceeding, and any other person who would have an interest in the property were the absentee deceased, upon direction by the court, may be made party to the proceeding.
(b) The receiver, upon giving bond to be fixed in amount and with surety to be approved by the court, and upon such conditions as will ensure the conservation of such property, shall, under the direction of the court, administer the property as an equity receivership with power:
1. (1) To take possession of all property of the absentee wherever situated;
2. (2) To collect all debts due the absentee;
3. (3) To bring and defend suits;
4. (4) To pay insurance premiums;
5. (5) With the approval of the court in each case, to pay all debts due by the absentee; and
6. (6) To pay over the proceeds of such part or all of the property, or the income thereof, as may be necessary for the maintenance and support of the absentee's dependents, and if the personal property of the absentee be not sufficient to pay all of the absentee's debt and to provide for the maintenance and support of the absentee's dependents, the receiver may apply to the court for an order to sell or mortgage so much of the real estate as may be necessary therefor, the sale or mortgage to be reported to, approved and confirmed by the court and the receiver to be ordered to make a deed conveying or mortgaging the real property to the purchaser or lender upon the purchaser or lender complying with the terms of sale or mortgage.

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§ 30-3-105. Temporary receiver.

(a) Upon the filing of the application referred to in § 30-3-104, the court may for cause shown appoint a temporary receiver to take charge of the property of the absentee and conserve it pending hearing upon the application. Such temporary receiver shall qualify by giving bond in an amount and with surety to be approved by the court and shall exercise only the powers named by the court.
(b) Should a permanent receiver be appointed, the temporary receiver shall turn over all property in the temporary receiver's possession, less such as may be necessary to cover the temporary receiver's expenses and compensation as allowed by the court, to the permanent receiver, and shall file the temporary receiver's final account and upon its approval be discharged.
(c) Should the application for permanent receiver be denied, the temporary receiver shall restore to those from whom it may have been obtained all property in the temporary receiver's possession, less only as may be necessary to cover the temporary receiver's expenses and compensation as allowed by the court, and shall file a final account and be discharged. Where the application is denied the expenses of the temporary receivership and the compensation of the temporary receiver may, in the discretion of the court, be taxed as costs of the proceeding to be paid by the applicant and shall be enforceable by the temporary receiver against the applicant.

§ 30-3-106. Notices.

All notices required under this part shall be served upon all parties, ordered by the court to be served, in the manner prescribed by existing statutes or rules, except that in addition thereto the absentee shall be served by publication once a week for four (4) successive weeks in a newspaper printed in the English language of general circulation in the county of the absentee's domicile, the last publication to be not less than ten (10) nor more than twenty (20) days prior to the time set for any hearing. The original notice prescribed in § 30-3-104, shall require each person claiming an interest in the property of the absentee to file in court within a time fixed by the court a statement of the nature and extent of such interest.

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§ 30-3-107. Search for absentee directed by court.

(a) The court, upon application, may direct the receiver to make search for the absentee in any manner which the court may deem advisable, including any or all of the following methods:
1. (1) By inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the absentee's whereabouts;
2. (2) By notifying officers of justice and public welfare agencies in appropriate locations of the absentee's disappearance; or
3. (3) By engaging the services of an investigation agency.
(b) The expenses of such search and of the notices provided for in § 30-3-106 shall be taxed as costs and paid out of the property of the absentee.

§ 30-3-108. Final hearing and finding.

(a) At any time during the proceedings, upon application to the court and presentation of satisfactory evidence of the absentee's death, the court may make a final finding and decree that the absentee is dead, in which event the decree and a transcript of all of the receivership proceedings shall be certified to the probate court for any administration required by law upon the estate of a decedent, and the receivership court shall proceed no further except for the purposes hereinafter set forth in § 30-3-110(1) and (3).
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- 30-3-113(a)
(b) After the lapse of seven (7) years from the date of the finding provided for in § 30-3-104, if the absentee has not appeared and if the court has received evidence sufficient to rebut the presumption that a person absent seven (7) years is dead, then the court may proceed to take further evidence and thereafter make a final finding and enter a decree declaring that all interest of the absentee in the absentee's property has ceased and devolved upon others by reason of the absentee's failure to appear and make claim.
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- 30-3-110(2)
(c) After the lapse of seven (7) years from the date of the finding provided for in § 30-3-104, if the absentee has not appeared and if sufficient proof has not been received to rebut the presumption that a person absent seven (7) years is dead, then the court may make a final finding and decree that the absentee is dead, in which event the decree and a transcript of all of the receivership proceedings shall be certified to the probate court for any administration required by law upon the estate of a decedent, and the receivership court shall proceed no further except for the purposes hereinafter set forth in § 30-3-110.

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§ 30-3-109. Claim of absentee barred by judgment.

No action shall be brought by an absentee to recover any portion of the absentee's property after the final finding and judgment provided for in § 30-3-108.

§ 30-3-110. Termination of receivership.

Upon the entry of any final finding and decree as provided in § 30-3-108, the court shall proceed to wind up the receivership and terminate the proceedings:
1. (1) In the case of a finding under subsections (a) or (c) of § 30-3-108, that the absentee is dead:
  1. (A) By satisfying all outstanding debts and charges of the receivership; and
  2. (B) By then certifying the proceedings to the probate court; or
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  - 30-3-108(a)
2. (2) In the case of a finding under § 30-3-108(b):
  1. (A) By satisfying all outstanding debts and charges;
  2. (B) By then deducting for the insurance fund provided in § 30-3-113, a sum equal to twenty-five percent (25%) of the total value of the property remaining, including amounts paid to the receivership estate from policies of insurance on the absentee's life; and
  3. (C) By distributing the remaining property as provided in § 30-3-111; and
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    30-3-111
3. (3) In both cases by requiring the receiver's account and upon its approval discharging the receiver and the receiver's bondsmen and entering a final decree terminating the receivership.

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§ 30-3-111. Distribution of property.

The property remaining for distribution in accordance with § 30-3-110(2)(C), shall be distributed among those persons who would be entitled thereto under the laws of descent and distribution of this state had the absentee died intestate as of the date determined by the court in its final finding and decree, or in case the absentee leaves a document which, had the absentee died, would under the laws of this state be entitled to probate as the absentee's will, the distribution shall be according to the terms of that document as of that date. The validity and effect of the distribution of the property shall be determined by the court administering the receivership and shall be final and binding upon all persons including the absentee.

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§ 30-3-112. Insurance proceeds.

(a) At the time of the distribution under § 30-3-111, the court may direct the payment to the beneficiaries of any sums due and unpaid under any policies of insurance upon the life of the absentee, if the claim is uncontested by the insurer.
(b) If the claim is contested the court shall take jurisdiction of the action and shall submit to a jury, if one be called for, the issue of death of the insured and any other issues arising under the policy.
(c) Where the survival of a named beneficiary is not established this part shall apply as if the proceeds of the insurance were a part of the estate of the absentee.
(d) If in any proceeding under subsections (a) and (b) the absentee is not found to be deceased and the policy provides for a surrender value, the beneficiary may request the receiver, acting for the insured, to demand the payment of surrender value. The receiver's receipt for such payment shall be a release to the insurer of all claims under the policy. The receiver shall pay over to the beneficiary (if surviving the insured, otherwise to the estate of the absentee) the sum thus received, reserving only an amount allowed by the court as costs of the proceedings under this section.

§ 30-3-113. Fund for reimbursement of appearing absentees.

(a) In each case of termination of receivership as provided in § 30-3-110, the court, except in cases where the proceedings have been certified to the probate court under § 30-3-108(a) or (c), shall set aside the sum there named and direct its payment by the receiver to the state treasurer, who shall deal with such sum in accordance with the Uniform Unclaimed Property Act, compiled in title 66, chapter 29.
(b) Any person lawfully entitled to receive any money paid to the state treasurer pursuant to this section may claim the amount due in accordance with the Uniform Unclaimed Property Act.
(c) All sums held by the state treasurer under this part prior to May 9, 2005, shall be transferred to the appropriate account within the state treasury that is maintained for the prompt payment of claims under the Uniform Disposition of Unclaimed Property Act, and all such sums and claims shall be handled in accordance with the Uniform Disposition of Unclaimed Property Act.

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30-3-110(2)(B)

§ 30-3-114. Construction and application of part.

(a) This part shall be so interpreted and construed as to effectuate the general purpose to make uniform the law of those states which enact the same law.
(b) This part shall have no retroactive application to the time prior to February 15, 1941.

Part 2 Conservators

§ 30-3-201. “Absentee” defined.

As used in this part unless the context otherwise requires, an “absentee” is:
1. (1) Any person serving in or with the armed forces of the United States, in or with the Red Cross, in or with the merchant marines or otherwise, during any period of time when a state of hostilities exists between the United States and any other power and for one (1) year thereafter, who has been reported or listed as missing in action, interned in a neutral country, beleaguered, besieged or captured by the enemy; and
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  - 30-3-203(a)
  - 30-3-204(a)
2. (2) Any resident of this state, or any person owning property in this state, who disappears under circumstances indicating that the person may have died, either naturally, accidentally or at the hand of another, or may have disappeared as the result of mental derangement, amnesia or other mental cause.

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§ 30-3-202. Jurisdiction — Grounds for appointment.

The chancery or probate court has jurisdiction to appoint a conservator of the estate of an absentee as defined in this part upon a showing that:
1. (1) The absentee has an interest in any form of property in this state, or is a legal resident of this state, or has a spouse or next of kin who is a legal resident of this state, and the absentee has not provided an adequate power of attorney authorizing another to act in the absentee's behalf with regard to the property or interest or the term of any such power of attorney has expired; and
2. (2) A necessity exists for providing care for the property or estate of the absentee or care for or judgments concerning the absentee's spouse and children; or if the absentee has no spouse and children, the absentee's mother or father.

§ 30-3-203. Transfer of property without conservatorship.

(a) If the spouse of any person defined as an absentee in § 30-3-201(1), or next of kin if the absentee has no spouse, wishes to sell or transfer any property of the absentee that has a gross value of less than five thousand dollars ($5,000), or requires the consent of the absentee in any matter regarding the absentee's children, or in any other matter in which the gross value of the subject matter is less than five thousand dollars ($5,000), the spouse or next of kin may apply to the chancery or probate court for an order authorizing the sale, transfer, or consent, without opening a full conservatorship proceeding as provided by this part. The spouse or next of kin may make the application without the assistance of an attorney.
(b) The application shall be made by petition on the following form, which form shall be made readily available to the applicant by the clerk and master of the chancery court and the clerk of the probate court:
2. In re: (absentee), case number
3. PETITION FOR SUMMARY RELIEF
4. Petitioner, whose residence is (street and number)(city or town), and (county) Tennessee, and who is the (describe relationship to absentee) of the absentee, (name), states that the absentee has been (imprisoned or missing in action) since (date) when (describe details).
5. Petitioner desires to sell/transfer (describe property) of the value of (value) because (give reasons).
6. The terms of sale/transfer are (give terms).
7. Petitioner requires the consent of the absentee for the purpose of .
8. Petitioner
9. State of Tennessee
10. County of
11. The above named, (petitioner's name), being by me duly sworn, says the foregoing petition is true and correct to the best of his/her knowledge and belief.
13. Notary Public
14. My commission expires .
(c) The court shall, without hearing or notice, enter an order on the petition if it deems the relief requested in the petition necessary to protect the best interests of the absentee or the absentee's dependents.
(d) The order shall be prima facie evidence of the validity of the proceedings and the authority of the petitioner to make a conveyance or transfer of the property or to give the absentee's consent in any matter prescribed by subsections (a) and (b) of this section.

§ 30-3-204. Limited conservatorship for specific property.

(a) If the spouse, or the next of kin if there is no spouse, of any person defined as an absentee under § 30-3-201(1), wishes to sell, lease, or mortgage specific property having a gross value of five thousand dollars ($5,000) or more, owned by the absentee or in which the absentee had an interest, or take specific action with respect to the absentee's interest having a gross value of five thousand dollars ($5,000) or more, the spouse or next of kin may petition the chancery or probate court for an order authorizing the action with respect to that property or interest.
(b) The petition shall be sworn to by the petitioner and shall state:
1. (1) The names, addresses, and age of the spouse, children, mother, father, brothers, and sisters, or if none of these are living, the next of kin, of the absentee;
2. (2) The name, address, and age of any other person who would have an interest in the property or the estate of the absentee if the absentee were deceased;
3. (3) The exact circumstances that cause the person missing to be an absentee under § 30-3-201, including the date the absentee was first known missing, interned, beleaguered, etc.;
4. (4) The reasons for the action for which the petition seeks authorization;
5. (5) Whether or not the person alleged to be an absentee has a will, the whereabouts of the will and contents if known; and
6. (6) A statement of all property constituting an asset of the alleged absentee's estate or in which the absentee has any interest and the approximate value of that property.
(c) Notice of the hearing on the petition shall be given to all persons named in the petition by registered mail or certified mail with return receipt requested.
(d) The judge shall hear evidence on the question of whether the person alleged to be missing, interned, beleaguered, etc., is an absentee as defined by § 30-3-201, and on the question of whether the action in question should be authorized. Any person interested in the proceedings may intervene with leave of the court.
(e) The court may in its discretion appoint a guardian ad litem to represent the alleged absentee at the hearing.
(f) If after hearing, the court is satisfied that the person alleged to be an absentee is an absentee, as defined in § 30-3-201, and that the action in question should be authorized, and that there is no necessity for a full conservatorship as provided by § 30-3-205, the court shall enter an order appointing the petitioner as conservator for the purposes of the action that is the subject of the petition and authorizing the conservator to take the action requested in the petition. The court shall require the conservator to account for the proceeds of the sale, lease, or other action, but the conservator shall not be required to subject the other property of the absentee to a conservatorship proceeding.
(g) The court may retain jurisdiction of the proceeding to make such further orders as it deems proper.

§ 30-3-205. Petition for appointment.

(a) The jurisdiction of the court shall be invoked by the filing of a petition by any person who would have an interest in the property or estate of the absentee were the absentee deceased, or any person who is dependent on the absentee for maintenance or support.
(b) The petition shall be sworn to by the petitioner and shall state:
1. (1) The names, addresses, and age of the spouse, children, mother, father, brothers, and sisters, or if none of these are living, the next of kin, of the absentee;
2. (2) The name, address, and age of any other person who would have an interest in the property or the estate of the absentee if the absentee were deceased;
3. (3) The exact circumstances that cause the person missing to be an absentee under § 30-3-201, including the date the absentee was first known missing, interned, beleaguered, etc.;
4. (4) The necessity for establishing a conservatorship;
5. (5) Whether or not the person alleged to be an absentee has a will and the whereabouts of the will; and
6. (6) A statement of all property constituting an asset of the alleged absentee's estate or in which the absentee has any interest and the approximate value of that property.

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30-3-204(f)

§ 30-3-206. Hearing on petition — Notice — Appointment.

(a) Notice of the hearing on the petition to appoint a conservator shall be given to all persons named in the petition by registered mail, certified mail with return receipt requested or by personal service of legal process.
(b) The judge shall hear evidence on the question of whether the person alleged to be missing, interned, beleaguered, etc., is an absentee as defined by § 30-3-201, and on the question of who is entitled to appointment as conservator. Any person interested in the proceedings may intervene with leave of the court.
(c) The court may in its discretion appoint a guardian ad litem to represent the alleged absentee at the hearing.
(d) If after hearing, the court is satisfied that the person alleged to be an absentee is an absentee, as defined in § 30-3-201, and that it is necessary that a conservatorship be established, the court shall appoint a conservator of the estate and property of the absentee to take charge of the absentee's estate and property under the supervision and subject to the further orders of the court.
(e) In the appointment of a conservator, the court shall give due consideration to the appointment of one (1) of the next of kin of the absentee if the next of kin is a fit and proper person and is qualified to act.

§ 30-3-207. Oath and bond.

(a) Every conservator, before exercising authority as conservator, shall take oath to faithfully perform the duties of conservator and to render true accounts whenever required according to law, which oath may be administered by any officer authorized to administer oaths under the laws of this state. The oath shall be filed with the court.
(b) The court may require the conservator to give bond in the same manner as that required of incompetents as set forth in [former] title 34, chapter 4 [repealed].

§ 30-3-208. Duties.

The conservator shall have all the rights, powers, and duties of a guardian of the property as established in title 34, chapters 1 and 2, and an absentee and an absentee's dependents shall be entitled to all benefits accruing to a ward or a ward's dependents under those chapters. The court shall have the same responsibility as to a conservatorship as with respect to the guardianship of the property under those chapters.

§ 30-3-209. Resignation and discharge.

The provision for resignation and discharge of conservators for estates of incompetents as set forth in [former] § 34-4-113 [repealed] shall apply in the chancery or probate court for the resignation and discharge of a conservator appointed under this part.

§ 30-3-210. Termination of conservatorship.

(a) At any time upon petition signed by the absentee, or on petition of an attorney in fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the conservatorship and the transfer of all property held under the conservatorship to the absentee or to the designated attorney in fact.
(b) Likewise, if at any time subsequent to the appointment of a conservator it appears that the absentee has died and a personal representative has been appointed for the absentee's estate, the court shall direct the termination of the conservatorship and the transfer of all property of the deceased absentee held under the conservatorship to the personal representative.
(c) When the need for a conservatorship terminates, the conservator shall promptly file final accountings and application for discharge with the court. If it appears to the court that the accountings are correct and that the conservator has made full and complete transfer of the absentee's assets as directed, the court may approve the accountings and discharge the conservator. If objections to the accountings are filed, the judge shall conduct a hearing under the same conditions for a hearing on objections to annual accountings.
(d) The discharge shall operate as a release from the duties of the conservatorship and as a bar to any suit against the conservator or the conservator's surety, unless the suit is commenced within one (1) year from the date of discharge.

Chapter 4 The Small Estate Probate Act

§ 30-4-101. Short title.

This chapter is known and may be cited as “The Small Estate Probate Act.”

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30-4-103

§ 30-4-102. Chapter definitions.

As used in this chapter, unless the context clearly requires otherwise:
1. (1) “Court” means the court then exercising probate jurisdiction in the county in which the decedent had legal residence on the date of death;
2. (2) “Decedent” means a person who is deceased;
3. (3) “Limited letters” means the limited letters of administration of a small estate and limited letters testamentary of a small estate, as appropriate;
4. (4) “Limited letters of administration of a small estate” means limited letters of administration for the decedent's property that restrict the person to whom the limited letters of administration are issued to the property itemized and identified in the petition for the limited letters, which must be attached to and made a part of the limited letters;
5. (5) “Limited letters testamentary of a small estate” means limited letters testamentary for the decedent's property that restrict the person to whom the limited letters testamentary are issued to the property itemized and identified in the petition for the limited letters which must be attached to and made a part of the limited letters;
6. (6) “Person” means an individual, partnership, firm, business trust, corporation, or other legal entity, and includes both the singular and plural, and the masculine and feminine, as appropriate;
7. (7) “Personal representative” means the person to whom limited letters of administration of a small estate or limited letters testamentary of a small estate are issued;
8. (8) “Property” means only personal property, or any interest in personal property, owned by the decedent on the date of death that would be subject to probate, other than personal property held as tenants by the entirety or jointly with right of survivorship, or personal property payable to a beneficiary other than the decedent's estate; and
9. (9) “Small estate” means the probate estate of a decedent in which the value of the probate property does not exceed fifty thousand dollars ($50,000).

§ 30-4-103. Administration of small estate — Limited letters of administration — Bond requirements — Form requirements.

Whenever a decedent leaves a small estate, it may be administered in the following manner:Limited Letters of Administration/Limited Letters Testamentary of a Small Estate
1. (1) After the expiration of forty-five (45) days from the date of the decedent's death, as evidenced by a copy of the decedent's death certificate, provided that no petition for the appointment of a personal representative of the decedent's estate has been filed in that period of time for the decedent's estate, either:
  1. (A) One (1) or more of the decedent's competent adult heirs shall file a petition for the issuance of limited letters of administration of a small estate; or
  2. (B) If the decedent died testate and it is determined that distribution of the small estate pursuant to the decedent's will is different than distribution by intestate distribution, and it is desired that the small estate be distributed according to the decedent's will, the person named as the personal representative in the decedent's will shall either:
    1. (i) File a petition for the probate of the decedent's will as a muniment of title to the property of the decedent pursuant to § 32-2-111 and for the issuance of limited letters testamentary of a small estate; or
    2. (ii) File the original of the decedent's will together with affidavits of the attesting witnesses or the affidavits of the two (2) disinterested persons attesting to the decedent's handwriting, if the decedent's will is holographic, with the clerk who shall record the will and affidavits. The recording of the decedent's will and accompanying affidavits is deemed sufficient to probate the decedent's will for the purposes of this chapter;
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      30-4-104(c)
2. (2) To apply for limited letters of administration of a small estate or for limited letters testamentary of a small estate, the person seeking the limited letters shall file a sworn petition with the court containing the information set forth in § 30-1-117(a)(1)-(10). The petition must include an itemized list of the property of the decedent to which the limited letters are to apply, the value of each item of property, the identity of each creditor of the decedent, and the amount owing to each identified creditor;
3. (3) Regardless of the language of the decedent's will waiving bond, the petitioner for the limited letters shall make the bond payable to the clerk of the court for the benefit of those entitled with a corporate surety. The amount of the bond must be equal to the value of the decedent's property to be administered under this chapter. However, bond is not required of the petitioner if:
  1. (A) The petitioner or petitioners are the sole heirs of the intestate decedent;
  2. (B) The petitioner or petitioners are the sole beneficiaries of the testate decedent; or
  3. (C) All the adult heirs and beneficiaries consent in writing;
4. (4) The clerk shall charge and receive such fees for processing a petition for the issuance of limited letters of administration of a small estate or limited letters testamentary of a small estate as provided in § 8-21-401;
5. (5) Upon posting the required bond, unless waived as set forth in subdivision (3), the clerk shall issue limited letters of administration of a small estate or limited letters testamentary of a small estate, as appropriate, on the form in subdivision (9);
6. (6) A notice to creditors must not be published, and a creditor is not permitted to file a claim in a small estate probate;
7. (7) The personal representative and the surety on the personal representative's bond may be discharged from liability under the bond as follows:
  1. (A) The court may enter an order discharging the personal representative and the surety on the personal representative's bond after the personal representative files, for a decedent dying before January 1, 2016, either the tax receipt issued pursuant to § 67-8-420, or the certificate or assessment issued pursuant to § 67-8-409(f); or
  2. (B) The personal representative and the surety on the personal representative's bond may wait until the first anniversary of the issuance of the limited letters when the court shall automatically discharge them from liability. The limited letters must remain open and active until the first anniversary of the issuance of the limited letters;
8. (8) Upon good cause shown, the court may waive the requirement to wait forty-five (45) days before filing a petition for limited letters; and
9. (9) The form for issuance of limited letters of administration of a small estate or limited letters testamentary of a small estate must be as follows:
12. Pursuant to T.C.A. § 30-4-101, et seq.
14. In the Matter of the Estate of:
16. Whereas, it appearing that the above-named deceased person left property and debts subject to administration pursuant to the above-referenced statutory provisions, and is hereby authorized to serve in the limited role of Personal Representative.
18. As such, Limited Letters of Administration/Letters Testamentary of a Small Estate are hereby issued to the above-named individual being now therefore empowered to collect and preserve all assets of the estate, remove any personal property from a property leased by the decedent, and cancel any insurance policies no longer applicable due to decedent's death. Said assets are limited to those itemized in the Petition, a copy of which is attached hereto. The total value of decedent's property shall not exceed $50,000.00.
20. There is no real property at issue in this matter, and this limited letter in no way gives any authority to the personal representative to handle any real estate matters of the decedent.
22. In witness whereof, I have issued these Limited Letters of Administration/Limited Letters Testamentary.
24. Date: Clerk:
26. I swear that all statements in the Small Estate documents I have executed and provided are true and accurate. I do solemnly swear or affirm that I will faithfully and honestly discharge the duties imposed upon me and as required by law.
28. Date: Personal Representative:
30. I, as Clerk, certify that these Letters are in full force and effect as of this date of issuance.
32. Date: Clerk:

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56-7-134(a)(3)

§ 30-4-104. Provision of copies of limited letters of administration — Distribution of property — Remedies for personal representative — Conversion of estate.

(a) Each person indebted to the decedent's estate, having possession of any property belonging to the estate, or acting as registrar or transfer agent of any shares of stocks, bonds, notes, or other evidence of ownership, indebtedness, or right belonging to the decedent's estate must be furnished with a copy of the limited letters of administration of a small estate or limited letters testamentary of a small estate by the personal representative, duly certified by the clerk of the court. Upon receipt of a copy of the limited letters of administration of a small estate or limited letters testamentary of a small estate and demand by the personal representative, each person furnished a copy of the limited letters under this subsection (a) shall pay, transfer, and deliver to the personal representative:
1. (1) All indebtedness owing by the recipient; and
2. (2) Other property in possession of, or subject to, registration or transfer by the recipient.
(b) A person making payment, transfer, or delivery of property belonging to a decedent's estate to the personal representative pursuant to this chapter is released and discharged from all further liability to the estate and its creditors to the same extent as if the payment, transfer, or delivery were made to the duly appointed, qualified, and acting personal representative of the decedent. The person making the payment, transfer, or delivery shall not be required to see to its application.
(c) The decedent's property must be distributed either to the decedent's heirs as provided by law or, if there is a will, in accordance with the terms of the decedent's will admitted to probate as a muniment of title or filed with the clerk as provided in § 30-4-103(1)(B)(ii). The person to whom payment, transfer, or delivery of any property of the decedent is made by the personal representative shall be liable and remain liable up to one (1) year from the date of payment, transfer, or delivery, to the extent of the value of the property received, to unpaid creditors of the decedent, to anyone who had a prior right to the decedent's property, or to any personal representative of the decedent thereafter appointed. If distribution is made prior to payment of all medical assistance owed to TennCare under § 71-5-116, then both the personal representative and the person to whom payment, transfer, or delivery is made by the personal representative shall be liable to TennCare and remain liable, to the extent of the value of the property received.
(d) If a person having possession of any of the decedent's property, upon receipt of a copy of the limited letters issued by the clerk, refuses to pay, transfer, or deliver the property to, or at the direction of, the personal representative, then:
1. (1) The property may be recovered; or
2. (2)
  1. (A) Transfer and delivery of the property may be compelled in an action brought in a court of competent jurisdiction for that purpose upon proof of the facts required to be stated in the petition; and
  2. (B) Costs of the proceeding must be adjudged against the person wrongfully refusing to pay, transfer, or deliver the property.
(e) If, during the administration of the small estate pursuant to the limited letters, the personal representative or a creditor of the decedent discovers additional assets that exceed the statutory small estate limitation, then the court may allow the small estate administration to be converted into probate administration by application of a verified petition to the court pursuant to § 30-1-117 by the personal representative of the small estate or a creditor of the decedent. The personal representative of the small estate, if the property of the decedent has not been paid, transferred, or delivered, or the person or persons to whom the property of the decedent has been paid, transferred, or delivered, is liable for the assets that have been paid, transferred, or delivered prior to the conversion.

Chapter 5 Insolvent Estates

§ 30-5-101. Initiation of administration.

The administration of an insolvent estate shall begin upon the filing of a petition to probate or the application for letters of administration by the personal representative or a creditor in the court having probate jurisdiction.

§ 30-5-102. Notice of insolvency — Filing — Copies.

After the time for filing claims has expired, as provided by § 30-2-310, if the estate is unable to pay all of its creditors, the personal representative shall file with the clerk a notice of insolvency. A copy of the notice shall be sent by certified mail, return receipt requested, to each creditor who has filed a claim. This notice may be mailed to creditors by the attorney for the estate, the personal representative or, if requested, by the clerk.

§ 30-5-103. Notice of insolvency — Contents — Effect of no objections.

(a) The notice of insolvency shall contain an accounting of assets that have come into the hands of the personal representative and a proposed plan of distribution in accordance with § 30-2-317.
(b) The notice shall bear, in a conspicuous manner, the following language:
(c) If no objections are filed within the thirty-day waiting period, the personal representative may execute the proposed plan of distribution and close the estate, relieving the personal representative of any further liability to the estate.

§ 30-5-104. Hearing on objection to plan — Notice.

(a) If an objection to the proposed plan of distribution is filed with the clerk within the thirty-day waiting period, the clerk shall schedule a hearing no less than fifteen (15) nor more than thirty (30) days from the last day upon which objections may be filed.
(b) The clerk shall give notice of the hearing date to the attorney for the estate, to the personal representative, to the creditor filing the objection, and to all claiming creditors.

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30-5-105(a)

§ 30-5-105. Clerk's report — Exceptions.

(a) Within ten (10) days of a hearing required under § 30-5-104, the clerk shall file a report to the court setting forth the clerk's findings.
(b) If no exceptions are filed with the clerk, the clerk's report shall become the judgment of the court.
(c)
1. (1) If an exception to the report is filed, the matter shall be determined by the court.
2. (2) Upon final determination of an objection to a plan of distribution, distribution shall be made and the estate closed.