§ 30-2-313 — Notice of filing claim - Exceptions to claims - Jury trials upon demand

Tennessee § 30-2-313

• Jurisdiction: Tennessee
• Title: 30

Text

(a) The clerk of the court, within five (5) days after the filing of a claim and its entry in the claim book as provided in § 30-2-312 , shall give written notice to the personal representative and the attorney of record of the filing of the claim, by mailing each a true and correct copy of the claim. (b) If a personal representative of the decedent's estate files a claim against the estate of the decedent, the clerk of the court, within five (5) days after the filing of a claim and the entry thereof in the claim book as provided in § 30-2-312 , shall give written notice to each residuary beneficiary of the decedent's estate of the filing of the claim, by mailing each a true and correct copy of the claim. The notice required by this subsection (b) is in addition to the notice required to be given by subsection (a). (c) A claim shall not become a final judgment against the estate until after the expiration of the exception period prescribed in § 30-2-314(a) . (d) Should the claimant or the party excepting desire a trial by jury, it shall be demanded by that party in the first claim or exception filed. However, a claimant who has not demanded a jury in the claimant's claim may do so within five (5) days after receipt of notice of the filing of exceptions to the claimant's claim by filing a written demand for a jury with the probate court clerk.

Legislative History

Amended by 2017 Tenn. Acts, ch. 290,s 2, eff. 7/1/2017. Acts 1939, ch. 175, § 2; 1947, ch. 137, § 2; 1947, ch. 213, § 1; C. Supp. 1950, § 8196.2; T.C.A. (orig. ed.), § 30-516; Acts 1985, ch. 140, § 15; 1989, ch. 395, §§ 5, 6.