§ 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 […]
§ 30-2-408. Claims Against Alienated Property
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. Within six (6) months from the death of any person, a mortgagee or purchaser […]
§ 30-2-409. Proceeding by Scire Facias When Debt Sued on Prior to Deceased’s Death
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 […]
§ 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 […]
§ 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. Code 1858, § 2260 (deriv. Acts 1784 (Oct.), ch. 11, § 3); Shan., § 3993; […]
§ 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 […]
§ 30-2-413. Plea of Sufficient Assets, Waste, or Concealment — Trial of Collateral Issue — Execution
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. If this issue be found against the […]