§ 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. Code […]
§ 30-2-706. Scire Facias Against Obligors in Refunding Bond — Execution
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 defendent, to be levied on the assets of the deceased, the creditor, on the creditor’s […]
§ 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 […]
§ 30-2-710. Application to Compel Payment of Distributive Share or Legacy
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. The application shall be by petition […]
§ 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 […]
§ 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 […]
§ 30-2-609. Appeal From Judgment of 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, 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. In any county having […]
§ 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. Code 1858, § 2305 (deriv. Acts 1837-1838, ch. 125, § 5); Shan., § 4041; Code 1932, § 8254; T.C.A. (orig. ed.), § 30-1111.
§ 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. Code 1858, § 2306 (deriv. Acts 1837-1838, ch. […]
§ 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, […]