§ 30-2-314 — Exceptions to claim - Trial by circuit court where jury demanded - Concurrent jurisdiction

Tennessee § 30-2-314

• Jurisdiction: Tennessee
• Title: 30

Text

(a) (1) Until thirty (30) days after the expiration of four (4) months from the date of the notice to creditors given as provided in § 30-2-306(b) , the personal representative, or any party interested in the estate either as creditor, distributee, heir or otherwise, may except to the claim by filing written exceptions 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 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 filing 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 thirty (30) days from the date the personal representative receives notice from the clerk of the filing of the claim. (3) Each exception shall include a reasonably detailed explanation of the ground or grounds upon which the person making such exception intends to rely. (4) Within five (5) days after the filing of exceptions to a claim the clerk shall notify the claimant of the exceptions by mailing the claimant a copy of the exceptions. (5) If the creditor timely files an amendment as permitted by § 30-2-307(e) , the personal representative shall file any exception to the amended claim not later than thirty (30) days from the later of: (A) The date the amendment is filed with the clerk; or (B) The expiration of the exception period. (b) (1) If the claim or the exception filed contains a demand for a trial by jury, or there is a demand as provided in § 30-2-313 , the probate court clerk shall certify the claim and the exception to the circuit court for trial by jury upon the issues made by the claim and exception. The claim or exception may be amended in the circuit court, but not so as to avoid the period of limitation upon claims contained in § 30-2-310 . (2) Should no exception be taken to a claim in which a jury trial has been demanded, the claim shall not be certified to the circuit court. (c) Within five (5) days after an issue triable by a jury has been made, the probate court clerk shall certify all of the papers the clerk has on file relating to that claim to the circuit court, and shall, at the same time, give written notice of the clerk's action to the claimant, the excepting party and the personal representative, and shall thereafter file with the circuit court a statement to this effect, which shall be prima facie evidence that the parties have been notified. (d) (1) The matter shall be triable at the first term of the circuit court convening five (5) days or more after the certified record has been filed in the circuit court. (2) On motion of the personal representative or the excepting party, the claimant may be required by the circuit court to make a cost bond, or, in lieu of a bond, take the oath prescribed for poor persons. (3) After the matter has been certified to the circuit court for trial, it shall be proceeded within that court as in any other law case. (4) The jury demanded may be waived by the parties and the case tried in the circuit court and on appeal as one in which no jury had been demanded. (e) If the probate court is a court of record, the probate court shall have concurrent jurisdiction with the circuit court to conduct trials of the claim or the exception, all in the same manner and to the same extent as prescribed in this section for circuit courts, except that no certification of the claim or exception shall be required in the absence of any referral to another court.

Legislative History

Acts 1939, ch. 175, § 3; 1947, ch. 137, § 1; 1947, ch. 213, § 2; C. Supp. 1950, § 8196.3; Acts 1971, ch. 229, § 4; T.C.A. (orig. ed.), § 30-517; Acts 1985, ch. 140, § 16; 1989, ch. 395, § 7; 1991, ch. 415, § 5; 1992, ch. 951, § 6; 1997, ch. 426, § 6; 2005, ch. 99, § 3; 2005, ch. 429, § 6.