Tenn. Code Ann. § 45-2-708

This is the official text of Tenn. Code Ann. § 45-2-708, 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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Payment when no executor or administrator qualifies

Official statutory text

(a) (1) Notwithstanding § 30-2-317 , where no executor or administrator of a deceased depositor has qualified and given notice of the person's qualifications to the bank, the bank may, in its discretion, and at any time after thirty (30) days from the death of the depositor, pay out of all accounts, maintained with it by the depositor in an individual capacity, all sums that do not exceed fifteen thousand dollars ($15,000) in the aggregate: (A) To the executor named in any will known to the bank; or (B) In the absence of knowledge of a purported will naming a surviving executor to: (i) A creditor for expenses of the funeral; (ii) A creditor for the expenses of the last illness; (iii) The surviving spouse; and (iv) The next of kin. (2) In the case of conflicting claims, the order of priority shall be that set out in subdivision (a)(1)(B). (b) The receipt of any guardian, administrator or executor, duly appointed or qualified by the courts of this state, or any other state, acknowledging the payment or transfer of funds, standing in the name of the person whose estate the fiduciary represents, in the form of deposits in banking institutions, shall be a good and sufficient acquittance for payment or transfer and shall constitute a valid defense in favor of the banks against the demands or claims of all parties. (c) No bank shall be liable for damages, penalty or tax by reason of any payment made pursuant to this section. Amended by 2016 Tenn. Acts, ch. 804,s 2, eff. 4/14/2016. Acts 1969, ch. 36, § 1 (3.209); T.C.A., § 45-412; Acts 1980, ch. 615, § 1; 1988, ch. 926, § 4; 1991, ch. 136, § 1; 1995, ch. 103, § 1; 1997, ch. 426, § 22; 2000, ch. 570, § 1.
(a) (1) Notwithstanding § 30-2-317 , where no executor or administrator of a deceased depositor has qualified and given notice of the person's qualifications to the bank, the bank may, in its discretion, and at any time after thirty (30) days from the death of the depositor, pay out of all accounts, maintained with it by the depositor in an individual capacity, all sums that do not exceed fifteen thousand dollars ($15,000) in the aggregate: (A) To the executor named in any will known to the bank; or (B) In the absence of knowledge of a purported will naming a surviving executor to: (i) A creditor for expenses of the funeral; (ii) A creditor for the expenses of the last illness; (iii) The surviving spouse; and (iv) The next of kin. (2) In the case of conflicting claims, the order of priority shall be that set out in subdivision (a)(1)(B).
(1) Notwithstanding § 30-2-317 , where no executor or administrator of a deceased depositor has qualified and given notice of the person's qualifications to the bank, the bank may, in its discretion, and at any time after thirty (30) days from the death of the depositor, pay out of all accounts, maintained with it by the depositor in an individual capacity, all sums that do not exceed fifteen thousand dollars ($15,000) in the aggregate: (A) To the executor named in any will known to the bank; or (B) In the absence of knowledge of a purported will naming a surviving executor to: (i) A creditor for expenses of the funeral; (ii) A creditor for the expenses of the last illness; (iii) The surviving spouse; and (iv) The next of kin.
(A) To the executor named in any will known to the bank; or
(B) In the absence of knowledge of a purported will naming a surviving executor to: (i) A creditor for expenses of the funeral; (ii) A creditor for the expenses of the last illness; (iii) The surviving spouse; and (iv) The next of kin.
(i) A creditor for expenses of the funeral;
(ii) A creditor for the expenses of the last illness;
(iii) The surviving spouse; and
(iv) The next of kin.
(2) In the case of conflicting claims, the order of priority shall be that set out in subdivision (a)(1)(B).
or for expenses of the funeral; (ii) A creditor for the expenses of the last illness; (iii) The surviving spouse; and (iv) The next of kin.
(i) A creditor for expenses of the funeral;
(ii) A creditor for the expenses of the last illness;
(iii) The surviving spouse; and
(iv) The next of kin.
(2) In the case of conflicting claims, the order of priority shall be that set out in subdivision (a)(1)(B).
(b) The receipt of any guardian, administrator or executor, duly appointed or qualified by the courts of this state, or any other state, acknowledging the payment or transfer of funds, standing in the name of the person whose estate the fiduciary represents, in the form of deposits in banking institutions, shall be a good and sufficient acquittance for payment or transfer and shall constitute a valid defense in favor of the banks against the demands or claims of all parties.
(c) No bank shall be liable for damages, penalty or tax by reason of any payment made pursuant to this section.
Amended by 2016 Tenn. Acts, ch. 804,s 2, eff. 4/14/2016.
Acts 1969, ch. 36, § 1 (3.209); T.C.A., § 45-412; Acts 1980, ch. 615, § 1; 1988, ch. 926, § 4; 1991, ch. 136, § 1; 1995, ch. 103, § 1; 1997, ch. 426, § 22; 2000, ch. 570, § 1.

Status: in_force

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.