§ 30-2-601 — Accountings - Statement in lieu of accounting

Tennessee § 30-2-601

• Jurisdiction: Tennessee
• Title: 30

Text

(a) (1) Within fifteen (15) months from the date of qualification, the personal representative shall make an accounting with the clerk of the court exercising probate jurisdiction in the county of the estate. If accountings have been waived by the decedent's will or other pleadings filed with the court, the personal representative shall not be required to file a detailed accounting but shall be required to file a status report detailing any remaining estate issues within fifteen (15) months from the date of qualification and each year thereafter that the estate remains open. Upon application of one (1) or more of the distributees of the residue, the court may require the personal representative to file a detailed accounting with the court. (2) After the first accounting and until the estate is fully administered, the personal representative shall make further accountings annually from the date of the first accounting. The accountings shall state all receipts, disbursements and distributions of principal and income for the accounting period and the remaining assets held in the estate and shall be verified by the oath of the personal representative before the clerk or any person authorized by law to administer oaths in such cases. (3) The final accounting shall state the personal representative has mailed or delivered notice of the requirement to file claims required by § 30-2-306(d) to the creditors of the decedent who were known to or reasonably ascertainable by the personal representative. (4) For good cause shown to the court, it may extend the time for filing the accountings. However, detailed accountings of solvent estates may be waived if: (A) The decedent by the decedent's will waived the requirement for the personal representative to make court accountings of the estate; or (B) All of the distributees of the residue file with the clerk of the court sworn waivers, or statements under penalty of perjury, excusing the personal representative from filing all court accountings. (b) (1) If all court accountings are waived by the decedent's will or by the distributees as above provided and notwithstanding any other provisions of probate law to the contrary, the personal representative and the distributees of the residue of a solvent estate, in which all legitimate claims against the estate have been satisfied, may file separate statements with the clerk of the court at any time after the period for creditors to file claims against the estate has expired, which statement by the personal representative shall state substantially the facts in subdivision (b)(1)(A) and which statement by the distributees of the residue shall state substantially the facts in subdivision (b)(1)(B); except that no statement acknowledging receipt shall be required of a distributee who is also the personal representative: (A) That the personal representative has properly administered the estate, has paid or settled all claims that were lawfully presented, has paid all expenses of administration, has mailed or delivered notice of the requirement to file claims, as prescribed in § 30-2-306(d) , to the creditors of the decedent who were known to or reasonably ascertainable by the personal representative, has for estates where the death occurred prior to January 1, 2016, filed with the court a final receipt from the department of revenue unless waived pursuant to § 67-8-409(g) , has distributed the estate according to the will and obtained and filed receipts for specific bequests as required by § 30-2-707 , or has distributed the estate according to the laws of intestate succession; and (B) That the distributees of the residue acknowledge that the estate has been properly distributed to them. (2) If the personal representative has made diligent efforts, satisfactory to the court, to obtain an acknowledgement from any distributee, and one (1) or more have failed to comply, the personal representative may move the court for closure of the estate by giving notice of the pending settlement to the noncompliant distributee. Failure of the noncompliant distributee to appear or participate in the hearing shall result in a final order closing the estate. (c) The filing of this statement, and without the requirement of notice of an accounting by the clerk, relieves the personal representative and all distributees of any requirement of law or rule to file a detailed statement, accounting or receipt of any property, money or other items received from the estate. This section does not apply unless all distributees of the residue of an estate file this statement in lieu of a more detailed accounting that may otherwise be required. (d) In connection with any final settlement with the court, it is necessary for the receipt of any legatee or distributee to be executed under penalty of perjury or otherwise sworn before the clerk or a notary public, in a form developed by the administrative office of the courts. The form shall be posted on the website of the administrative office of the courts where it can be copied by the legatee or distributee or provided to the legatee or distributee by the court or the court clerk. (e) In connection with any accounting, to support the financial information reported, the personal representative shall submit with the accounting the original of each cancelled check written on the estate account unless: (1) The personal representative is a bank to which § 45-2-1003(c) applies or a savings and loan association to which § 45-2-1003(c) would apply if the savings and loan association were a bank, in which case the personal representative shall comply with § 45-2-1003(c) ; or (2) The estate account is maintained in a financial institution, as defined in § 34-1-101 , that does not return the cancelled checks but provides a printed statement showing the date the check cleared, the payee and the amount, in which case the personal representative shall submit a printed statement from the financial institution.

Legislative History

Amended by 2017 Tenn. Acts, ch. 280, Secs.s 2, s 3, s 4 eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 280, s 1, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 809, s 1, s 2, Sec.s 3 eff. 4/14/2016. Code 1858, §§ 2295, 2296 (deriv. Acts 1837-1838, ch. 125, § 1); Shan., §§ 4031, 4032; Code 1932, §§ 8244, 8245; Acts 1972, ch. 464, §§ 1, 2; T.C.A. (orig. ed.), §§ 30-1101, 30-1102; Acts 1985, ch. 140, § 19; 1986, ch. 580, § 1; 1989, ch. 395, §§ 10-12; 1992, ch. 951, § 7; 1995, ch. 177, § 1; 1997 , ch. 426, § 11; 1998, ch. 762, § 1; 1999, ch. 491, § 12.