Tennessee § 30-2-406 Complaint in equity by creditor serving as administrator

Tennessee Statutes

§ 30-2-406 — Complaint in equity by creditor serving as administrator

Tennessee § 30-2-406

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This text of Tennessee § 30-2-406 (Complaint in equity by creditor serving as administrator) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 30-2-406 (2026).

Text

(a)Where administration is granted to any person on account of the person being a creditor of the intestate, and there are not personal assets sufficient to satisfy the debt or demand of that administrator, the person may proceed against the heirs or devisees of the deceased for the recovery of the person's debt or demand, to the court having probate jurisdiction of the county in which the administration was granted, a complaint, setting forth the nature of the debt or demand, and the amount of it, praying that the heir or heirs may be made defendants to the proceedings.

(b)Upon this complaint being filed in the clerk's office, the same proceedings shall be had, and the defendants shall be bound by, and be subject to, the same rules as in other cases in equity.

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(a) Where administration is granted to any person on account of the person being a creditor of the intestate, and there are not personal assets sufficient to satisfy the debt or demand of that administrator, the person may proceed against the heirs or devisees of the deceased for the recovery of the person's debt or demand, to the court having probate jurisdiction of the county in which the administration was granted, a complaint, setting forth the nature of the debt or demand, and the amount of it, praying that the heir or heirs may be made defendants to the proceedings. (b) Upon this complaint being filed in the clerk's office, the same proceedings shall be had, and the defendants shall be bound by, and be subject to, the same rules as in other cases in equity.

Legislative History

Code 1858, §§ 2253, 2254 (deriv. Acts 1789, ch. 39, § 1); Shan., §§ 3986, 3987; Code 1932, §§ 8198, 8199; T.C.A. (orig. ed.), §§ 30-607, 30-608; Acts 1985, ch. 140, § 18.