Tennessee Statutes
§ 30-2-409 — Proceeding by scire facias when debt sued on prior to deceased's death
Tennessee·Title 30
(a)Where no person will administer on the estate of the deceased, any person who has commenced a suit against the deceased in the lifetime of the deceased may issue a scire facias against the deceased's heirs or devisees, for whom, in case they are minors, the court shall appoint a guardian ad litem for the purpose of defending the suit.
(b)On return of the scire facias made known to the guardian and heirs, or devisees, the plaintiff may prosecute the suit to judgment and execution against the real estate of the ancestor descended or devised to the heirs or devisees.
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Tennessee § 30-2-409 (Proceeding by scire facias when debt sued on prior to deceased's death) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
Code 1858, § 2257 (deriv. Acts 1809 (Sept.), ch. 121, § 3); Shan., § 3990; Code 1932, § 8202; T.C.A. (orig. ed.), § 30-611.
Nearby Sections
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§ 30-1-102
Jurisdiction to grant letters§ 30-1-106
Preference in granting of letters§ 30-1-107
Appeal from grant of letters§ 30-1-108
Administrator pendente lite§ 30-1-109
Administrator ad litem§ 30-1-111
Oath of personal representative§ 30-1-112
Resignation of personal representative§ 30-1-114
Transfer of administration to new county