§ 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, […]
§ 30-2-603. Service of Notice of Accounting
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 […]
§ 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. Code 1858, § 2299 (deriv. Acts 1837-1838, ch. 125, § 4); Shan., § 4035; Code 1932, § 8248; T.C.A. (orig. ed.), § 30-1105.
§ 30-2-605. Continuance of Settlement
On sufficient cause shown by affidavit, the clerk may continue the settlement from time to time. Code 1858, § 2300 (deriv. Acts 1837-1838, ch. 125, § 3); Shan., § 4036; Code 1932, § 8249; T.C.A. (orig. ed.), § 30-1106.
§ 30-2-418. Court-Ordered Sale of Real Estate — Notice — Hearing
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 […]
§ 30-2-501. Time Limitation for Suit — State Tax Lien
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 […]
§ 30-2-502. Premature Suit — Abatement — Judgment Voidable
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. A judgment by confession or by default within the period of three (3) […]
§ 30-2-503. Revival of Judgments Against Deceased
Judgments obtained against the deceased in the deceased’s lifetime may be revived without delay. Code 1858, § 2277 (deriv. Acts 1831, ch. 23, § 3); Shan., § 4010; Code 1932, § 8223; T.C.A. (orig. ed.), § 30-1004.
§ 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 […]
§ 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 […]