Official Summary Text
Present law requires the personal
representative, within
60 days after entering on the administration of a testate or intestate estate,
to
make a complete and accurate inventory of the p
robate 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 a
d
minister oaths in such cases whether within or without the borders of the state.
This bill provides that if the notified beneficiary desires to file an
exception to the claim of a claiming creditor, then each beneficiary is responsible for knowing the i
dentity of each claiming creditor, timely filing an exception to the creditor's claim, and prosecuting the exception.
Additionally, if a
beneficiary files an exception with the court, then the excepting beneficiary
must
send a copy of the exception to the
personal representative of the estate and to the attorney for the personal representative.
NOTICE
Present law requires the
personal representative, within
60
days after entering on the administration,
to
notify
(i) each
legatee or devisee under the wi
ll 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 beneficiar
i
es only receiving bequests
and (ii) each
residuary distributee of an intestate deceased person by sending that person a copy of the letters of administration
.
This bill requires the personal representative to also notify each
testamentary distributee o
f the estate, if the decedent's will has been admitted to probate, or each intestate heir of the estate, if the decedent died intestate, of the person or entity's right to except to the claim of a claiming creditor as provided in
present law
by sending cop
ies of
the exception to the creditors claim
and
other written exceptions described in present law
with the beneficiary's copy of the will or portion of the will or the letters of administration.
Notice to Creditors
Present law provides that it is the
duty of the clerk of the court in which an estate is being administered, within 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 repre
s
entative's qualification as such by two
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
public places in the county, one of which
must
be posted at the usual place for posting notices at the courthouse.
Present law provides that the notice to creditors states that a
ll persons,
resident and nonresident, having claims, matured or unmatured,
against the estate are required to file the same with
the clerk of the above named court on or before the earlier of the dates prescribed in
the notice, including
12 months from the decedent
'
s date of death
,
otherwise their claims
will be forever barred
. This bill provides that if
a creditor files a claim against the estate, then each claiming creditor has the right to file an exception to the claim of any other claiming creditor.
CLAIMING CREDITORS
This bill provides that if
a claiming creditor desi
res to file an exception to the claim of another claiming creditor, then the claiming creditor is responsible for knowing the identity of each other claiming creditor, timely filing an exception to the other creditor's claim, and prosecuting the exception.
Additionally, if a claiming
creditor files an exception with the court, then the excepting creditor
must
send a copy of the exception to the personal representative of the estate and to the attorney for the personal representative.
EXCEPTIONS TO CLAIM
Present law provides that until 30
days after the expiration of four months from the date of the notice
given
to creditor
s
, the personal representative, or any party interested in the estate either as creditor, distributee, heir or otherwise, may except t
o the claim by filing written exceptions in triplicate with the clerk of the court in which the estate is being administered.
This bill revises this provision to, instead, provide that until 30 days after the expiration of four
months from the date of t
he first publication or posting, as the case may be, of the notice
given
to creditors, the personal representative, each other creditor who has filed a claim against the estate, each testamentary distributee of the estate if the decedent's will has been ad
mitted to probate, or each intestate heir of the estate if the decedent died intestate may except to a claim by filing a written exception in triplicate with the clerk of the court in which the estate is being administered.
Present law provides that
if t
he filing of the claim
occurs after the date that is four 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 fil
ing 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
30
days from the date the personal representative receives notice from the clerk of the filing o
f the claim.
This bill revises this provision to, instead, provide that
if the filing of the claim occurs after the date that is four months from the date of first publication or posting, as the case may be, of the notice to creditors, then the personal
representative, each other creditor who has filed a claim against the estate, each testamentary distributee of the estate if the decedent's will has been admitted to probate, or each intestate heir of the estate if the decedent died intestate may except
t
o the claim by filing a written exception in triplicate with the clerk of the court in which the estate is being administered; provided, that the exception is filed no later than
30
days from the date the personal representative receives notice from the cl
erk of the filing of the claim.
PROOF OF WILL
Present law requires written
wills with witnesses, when not contested,
to
be proved by at least one of the subscribing witnesses, if living.
This bill removes this requirement.
This bill adds that the fo
llowing is required to admit a nuncupative will, meaning a will that is verbally given by the testator and meets certain requirements, of a decedent to probate in common form: (i) a
sworn petition containing the information required by
law, (ii) production
of
the nuncupative will reduced to writing as required by
law, and (iii) affidavits of the two
witnesses to the declaration of the nuncupative will attesting that the terms of the nuncupative will were accurately reduced to writing by one of the witnesses
as required by
law
.
This bill requires the following to admit a holographic will, meaning a
testamentary document that is either entirely written by the testator in the testator's own handwriting or a printed will form with blanks that are completed ent
irely in the testator's own handwriting
, to probate in common form: (i)
a sworn petition containing the information required by law,
(ii) production of the document purporting to be the testator's holographic testamentary document, and (iii) the in-person
testimony of two persons
establishing that they are familiar with the testator's handwriting. The testimony of the two
persons must be supported by sworn affidavits of the testifying witnesses setting forth their knowledge of the testator's handwriting.
This bill requires the following to admit a written will other than a holographic will, meaning
a will reduced to writing in other than the testator's own handwriting; a printed will form with blanks that are completed by someone other than the testator;
or a testamentary document that is typewritten by the testator or someone other than the testator
, to probate in common form: (i)
a sworn petition containing the information required by law, (ii)
production of the document(s) purporting to be the testator
's testamentary document, and (iii) either the in-person testimony of two persons who saw the testator sign the testamentary document(s) or sworn affidavits of the two
witnesses attesting to the testator's signature, to the facts of the signing of the doc
ument, and that the testator was
18 years of age or older and of sound mind and disposing memory at the time the document was signed.
This bill requires the following to probate
a nuncupative will or written will other than a holographic will in solemn
form, which may be the initial presentation of the document for admission to probate or may follow a common form admission to probate
: (i) a
sworn petition containing the information required by
present law, (ii) notice
issued by the clerk of the probate court to all heirs at law and beneficiaries under any prior written will of the testator of the date that must be no less than
40
calendar days from the date the sworn petition for probate in solemn form is filed and time
of the hearing before the appropriate court
, (iii) production
of the document purporting to be the testator's testamentary document
, and (iv) the in-person
testimony of each attesting witness, notary, or other person present when the testator signed the a
lleged testamentary document to the extent that such persons are available, locatable, and within the jurisdiction of the court.
Current Bill Text
Read the full stored bill text
SENATE BILL 541
By Stevens
HOUSE BILL 906
By Garrett
HB0906
001886
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 30
and Title 32, relative to probate matters.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 30-2-301, is amended by adding the
following as a new subsection:
(c)
(1) If the notified beneficiary desires to file an exception to the claim of a
claiming creditor, then each beneficiary is responsible for knowing the identity of
each claiming creditor, timely filing an exception to the creditor's claim, and
prosecuting the exception.
(2) If a beneficiary files an exception with the court, then the excepting
beneficiary shall send a copy of the exception to the personal representative of
the estate and to the attorney for the personal representative.
SECTION 2. Tennessee Code Annotated, Section 30-2-301(b)(1), is amended by
adding the following as a new subdivision:
(C) Each testamentary distributee of the estate, if the decedent's will has been
admitted to probate, or each intestate heir of the estate, if the decedent died intestate, of
the person or entity's right to except to the claim of a claiming creditor as provided in §
30-2-314(a) and (b) by sending copies of §§ 30-2-301(c) and 30-2-314(a) and (b) with
the beneficiary's copy of the will or portion of the will or the letters of administration.
SECTION 3. Tennessee Code Annotated, Section 30-2-306(b), is amended by deleting
"(2) Twelve (12) months from the decedent's date of death." and substituting:
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(2) Twelve (12) months from the decedent's date of death.
If a creditor files a claim against the estate, then each claiming creditor has the right to
file an exception to the claim of any other claiming creditor under TCA § 30-2-314.
SECTION 4. Tennessee Code Annotated, Section 30-2-306, is amended by adding the
following as a new subsection:
(f)
(1) If a claiming creditor desires to file an exception to the claim of
another claiming creditor, then the claiming creditor is responsible for knowing
the identity of each other claiming creditor, timely filing an exception to the other
creditor's claim, and prosecuting the exception.
(2) If a claiming creditor files an exception with the court, then the
excepting creditor shall send a copy of the exception to the personal
representative of the estate and to the attorney for the personal representative.
SECTION 5. Tennessee Code Annotated, Section 30-2-314, is amended by deleting
subdivisions (a)(1) and (a)(2) and substituting:
(1) Until thirty (30) days after the expiration of four (4) months from the date of
the first publication or posting, as the case may be, of the notice to creditors given as
provided in § 30-2-306(b), the personal representative, each other creditor who has filed
a claim against the estate, each testamentary distributee of the estate if the decedent's
will has been admitted to probate, or each intestate heir of the estate if the decedent
died intestate may except to a claim by filing a written exception in triplicate with the
clerk of the court in which the estate is being administered.
(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 first publication or posting, as the case
may be, of the notice to creditors, then the personal representative, each other creditor
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who has filed a claim against the estate, each testamentary distributee of the estate if
the decedent's will has been admitted to probate, or each intestate heir of the estate if
the decedent died intestate may except to the claim by filing a written exception 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.
SECTION 6. Tennessee Code Annotated, Section 32-2-104(a), is amended by deleting
the first sentence.
SECTION 7. Tennessee Code Annotated, Section 32-2-104, is amended by adding the
following as new subsections (a)–(e) and redesignating the current subsections (a) and (b) as
new subsections (f) and (g):
(a) As used in this chapter:
(1) "Holographic will" means a testamentary document that is either
entirely written by the testator in the testator's own handwriting or a printed will
form with blanks that are completed entirely in the testator's own handwriting;
(2) "Nuncupative will" means a will that is verbally given by the testator
and meets the requirements of § 32-1-106; and
(3) "Written will other than a holographic will" means a will reduced to
writing in other than the testator's own handwriting; a printed will form with blanks
that are completed by someone other than the testator; or a testamentary
document that is typewritten by the testator or someone other than the testator.
The document must be signed by the testator and the testator's signature must
be attested by two (2) witnesses in accordance with § 32-1-104.
(b) The following is required to admit a nuncupative will of a decedent to probate
in common form:
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(1) A sworn petition containing the information required by § 30-1-117;
(2) Production of the nuncupative will reduced to writing as required by §
32-1-106; and
(3) Affidavits of the two (2) witnesses to the declaration of the
nuncupative will attesting that the terms of the nuncupative will were accurately
reduced to writing by one (1) of the witnesses as required by § 32-1-106.
(c) The following is required to admit a holographic will to probate in common
form:
(1) A sworn petition containing the information required by § 30-1-117;
(2) Production of the document purporting to be the testator's holographic
testamentary document; and
(3) The in-person testimony of two (2) persons establishing that they are
familiar with the testator's handwriting. The testimony of the two (2) persons
must be supported by sworn affidavits of the testifying witnesses setting forth
their knowledge of the testator's handwriting.
(d) The following is required to admit a written will other than a holograph will to
probate in common form:
(1) A sworn petition containing the information required by § 30-1-117;
(2) Production of the document or documents purporting to be the
testator's testamentary document; and
(3) Either:
(A) The in-person testimony of two (2) persons who saw the
testator sign the testamentary document or documents; or
(B) Sworn affidavits of the two (2) witnesses attesting to the
testator's signature, to the facts of the signing of the document, and that
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the testator was eighteen (18) years of age or older and of sound mind
and disposing memory at the time the document was signed.
(e) The following is required to probate a nuncupative will or written will other
than a holographic will in solemn form, which may be the initial presentation of the
document for admission to probate or may follow a common form admission to probate:
(1) A sworn petition containing the information required by § 30-1-117;
(2) Notice issued by the clerk of the probate court to all heirs at law and
beneficiaries under any prior written will of the testator of the date that must be
no less than forty (40) calendar days from the date the sworn petition for probate
in solemn form is filed and time of the hearing before the appropriate court;
(3) Production of the document purporting to be the testator's
testamentary document; and
(4) The in-person testimony of each attesting witness, notary, or other
person present when the testator signed the alleged testamentary document to
the extent that such persons are available, locatable, and within the jurisdiction of
the court.
SECTION 8. This act takes effect upon becoming a law, the public welfare requiring it.