Tenn. Code Ann. § 30-2-406
This is the official text of Tenn. Code Ann. § 30-2-406, part of Tennessee’s Code Ann — part of the compiled statutory law of Tennessee, published by the state as "Code Ann." Browse the sections below, each linked to its official government source.
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Complaint in equity by creditor serving as administrator
Official statutory 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. 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.
(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.
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.
(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.
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.
Status: in_force
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