Tenn. Code Ann. § 45-2-712

This is the official text of Tenn. Code Ann. § 45-2-712, 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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Acknowledgement or affidavit - Guarantee

Official statutory text

(a) A bank shall require any persons seeking to cash checks payable to a decedent as provided in § 45-2-711 to deliver to the bank an affidavit, given under the penalty of perjury, in a form acceptable to the bank that, at the minimum, contains the following: (1) The name of the decedent; (2) The decedent's date of death; (3) The amount and payor of any checks, if the funds are from checks or electronic payments; (4) The identity of the creditor or creditors to whom the funds are to be paid, if the funds are to be paid directly to a creditor of the decedent or the decedent's estate; and (5) If the funds are to be paid other than to a creditor of the decedent or the decedent's estate, the affiant shall: (A) Identify the decedent's surviving spouse and heirs at law, and provide their residence addresses; and (B) Affirmatively state that: (i) There are no unpaid creditors of the decedent; (ii) There are no unpaid income, gift, estate, inheritance or other transfer taxes owed by the decedent or the estate of the decedent; and (iii) The funds distributed to the affiant will be distributed by the affiant as provided in any will or testamentary document or in appropriate shares to the decedent's heirs at law. (b) A bank may, in its discretion, require any persons seeking to collect monies from a deceased depositor's account or accounts, as provided in § 45-2-708 , to deliver to the bank an affidavit, given under penalty of perjury in a form acceptable to the bank as provided in subsection (a). (c) A bank may require any person who obtains funds from a deposit account pursuant to § 45-2-708 or to negotiate checks pursuant to § 45-2-711 to provide an indemnity and guarantee to the bank in the amount of the funds obtained. Acts 2014, ch. 597, § 2.
(a) A bank shall require any persons seeking to cash checks payable to a decedent as provided in § 45-2-711 to deliver to the bank an affidavit, given under the penalty of perjury, in a form acceptable to the bank that, at the minimum, contains the following: (1) The name of the decedent; (2) The decedent's date of death; (3) The amount and payor of any checks, if the funds are from checks or electronic payments; (4) The identity of the creditor or creditors to whom the funds are to be paid, if the funds are to be paid directly to a creditor of the decedent or the decedent's estate; and (5) If the funds are to be paid other than to a creditor of the decedent or the decedent's estate, the affiant shall: (A) Identify the decedent's surviving spouse and heirs at law, and provide their residence addresses; and (B) Affirmatively state that: (i) There are no unpaid creditors of the decedent; (ii) There are no unpaid income, gift, estate, inheritance or other transfer taxes owed by the decedent or the estate of the decedent; and (iii) The funds distributed to the affiant will be distributed by the affiant as provided in any will or testamentary document or in appropriate shares to the decedent's heirs at law.
(1) The name of the decedent;
(2) The decedent's date of death;
(3) The amount and payor of any checks, if the funds are from checks or electronic payments;
(4) The identity of the creditor or creditors to whom the funds are to be paid, if the funds are to be paid directly to a creditor of the decedent or the decedent's estate; and
document or in appropriate shares to the decedent's heirs at law.
(1) The name of the decedent;
(2) The decedent's date of death;
(3) The amount and payor of any checks, if the funds are from checks or electronic payments;
(4) The identity of the creditor or creditors to whom the funds are to be paid, if the funds are to be paid directly to a creditor of the decedent or the decedent's estate; and
(5) If the funds are to be paid other than to a creditor of the decedent or the decedent's estate, the affiant shall: (A) Identify the decedent's surviving spouse and heirs at law, and provide their residence addresses; and (B) Affirmatively state that: (i) There are no unpaid creditors of the decedent; (ii) There are no unpaid income, gift, estate, inheritance or other transfer taxes owed by the decedent or the estate of the decedent; and (iii) The funds distributed to the affiant will be distributed by the affiant as provided in any will or testamentary document or in appropriate shares to the decedent's heirs at law.
(A) Identify the decedent's surviving spouse and heirs at law, and provide their residence addresses; and
(B) Affirmatively state that: (i) There are no unpaid creditors of the decedent; (ii) There are no unpaid income, gift, estate, inheritance or other transfer taxes owed by the decedent or the estate of the decedent; and (iii) The funds distributed to the affiant will be distributed by the affiant as provided in any will or testamentary document or in appropriate shares to the decedent's heirs at law.
(i) There are no unpaid creditors of the decedent;
(ii) There are no unpaid income, gift, estate, inheritance or other transfer taxes owed by the decedent or the estate of the decedent; and
(iii) The funds distributed to the affiant will be distributed by the affiant as provided in any will or testamentary document or in appropriate shares to the decedent's heirs at law.
(b) A bank may, in its discretion, require any persons seeking to collect monies from a deceased depositor's account or accounts, as provided in § 45-2-708 , to deliver to the bank an affidavit, given under penalty of perjury in a form acceptable to the bank as provided in subsection (a).
(c) A bank may require any person who obtains funds from a deposit account pursuant to § 45-2-708 or to negotiate checks pursuant to § 45-2-711 to provide an indemnity and guarantee to the bank in the amount of the funds obtained.
Acts 2014, ch. 597, § 2.

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.