Notice Requirements of Claims Filed Against an Estate by the Personal Representative

Prior to 2017, all claims filed against a decedent’s estate in Tennessee were treated the same regardless of who filed the claim. Specifically, once a claim was filed with the court, only the personal representative of the decedent’s estate and the attorney of record were required to receive written notice of the claim.

In 2017 the Tennessee legislature created additional steps for claims filed by the personal representative of the estate he or she administers. Now, if a personal representative of an estate files a claim against that estate, all residuary beneficiaries must also receive written notice of the claim. Written notice is given through mailing a copy of the claim to each beneficiary.

To ensure each beneficiary receives proper notice, the personal representative, upon filing a claim against the estate, must submit the names and mailing addresses of all residuary beneficiaries to the clerk of the court along with a seven-dollar fee per residuary beneficiary. The clerk then issues notice by mailing a copy of the claim to each beneficiary within five days of the claim being filed.

These updates can be found at T.C.A. §30-2-307, T.C.A. §30-2-312, and T.C.A. § 30-2-313.

Leave a Reply

Your email address will not be published. Required fields are marked *

Post comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.