§ 20-2-210 — Death of party after appointment of agent

(a) The nonresident who, under § 20-2-209 , is deemed to have appointed the secretary of state as the nonresident's agent for process, shall further be deemed to have consented that the appointment of the secretary of state as the nonresident's agent for the purposes set forth in § 20-2-209 shall be irrevocable and binding upon the nonresident's executor or administrator. (b) Where such person has died prior to the commencement of an action brought pursuant to § 20-2-209 , this section and §§ 20-2-211 - 20-2-213, service of process shall be made on the executor or administrator of the decedent in the same manner as provided for an action commenced while the person is living. (c) Where an action has been duly commenced under § 20-2-209 , this section and §§ 20-2-211 - 20-2-213 by service upon a defendant who dies thereafter, the court shall allow the action to be continued against the defendant's executor or administrator upon motion, with such notice as the court deems proper.

Legislative History

Acts 1961, ch. 246, § 2; T.C.A., § 20-231.