§ 30-2-203 — Notice of application

(a) When an application for homestead is filed pursuant to this part, it shall be served upon the personal representative, if one has been appointed, and to the heirs or devisees and distributees or legatees who reside in this state. If there is a minor interested, the guardian shall also be served, and, if no guardian has been appointed, the courts shall appoint a guardian ad litem for the minor. Service of the application upon the parties named pursuant to this subsection (a), shall constitute adequate notice of the application for homestead. (b) It shall not be necessary to serve the application for homestead upon nonresidents, but any nonresident interested in the estate and not so served shall have three (3) years from the date of the application to move for a rehearing of the cause. The filing of a petition for a rehearing and service of the petition on all interested parties shall constitute adequate notice of the rehearing. The cost of the rehearing shall be taxed as may be deemed just by the court.

Legislative History

Code 1858, §§ 2408 -- 2410 (deriv. Acts 1849-1850, ch. 77, § 3-5); Shan., §§ 4151 -- 4153; mod. Code 1932, §§ 8368 -- 8370; impl. am. Acts 1976, ch. 529, § 1; T.C.A. (orig. ed.), §§ 30-903 -- 30-905; Acts 2002, ch. 735, § 14.