2010 Tennessee Code
Title 30 - Administration of Estates
Chapter 2 - Management, Settlement and Distribution
Part 3 - Inventory and Management
30-2-301 - Making inventory Return Notice to beneficiaries.
30-2-301. Making inventory Return Notice to beneficiaries.
(a) The personal representative, within sixty (60) days after entering on the administration of a testate or intestate estate, shall make a complete and accurate inventory of the probate estate of the deceased, and return the inventory to the clerk of the court exercising probate jurisdiction in the county of the estate, and verify it by the personal representative's oath before the clerk or before any person authorized by law to administer oaths in such cases whether within or without the borders of the state of Tennessee. When the will of the deceased excuses the requirement for making and filing an inventory of the estate, or when excused by all of the residuary distributees or legatees, no inventory shall be required of a solvent estate, unless demanded by any residuary distributee or legatee of the estate.
(b) (1) Except as provided in subdivision (b)(4), the personal representative, within sixty (60) days after entering on the administration, shall notify:
(A) Each legatee or devisee under the will that that person or entity is a beneficiary by sending, by first class mail or personal delivery, a complete copy of the will to those beneficiaries sharing in the residue of the estate, and by sending a copy of the paragraph or paragraphs of the will containing the bequests to those beneficiaries only receiving bequests; and
(B) Each residuary distributee of an intestate deceased person by sending that person a copy of the letters of administration.
(2) If the residue or a portion thereof is distributable to a trustee for the benefit of others, a complete copy of the will shall be sent to the trustee who shall have the obligation under title 35 to send copies of the will to the trust beneficiaries.
(3) Within the sixty-day period, the personal representative shall also execute and file with the clerk of the court an affidavit that the required copies have been mailed or delivered to the beneficiaries or distributees, and an explanation of efforts to identify and locate beneficiaries or distributees, if any, to whom copies have not yet been sent.
(4) The personal representative shall not be required to comply with the requirements of subdivisions (b)(1) and (b)(3) if:
(A) The personal representative and the sole beneficiary of the estate are the same person; or
(B) The decedent's will was admitted to probate in solemn form.
(5) Within the sixty-day period, the personal representative shall execute and file with the clerk of the court an affidavit that the bureau of TennCare has been notified of the decedent's death pursuant to § 71-5-116.
(6) (A) Following expiration of the sixty-day period, a person or entity may file a notice with the clerk's office that provides the name, current mailing address and actual physical address of any legatee or distributee who has not been identified or has not been located by the personal representative. The notice may not be filed prior to the expiration of the sixty-day period.
(B) The person or entity filing notice pursuant to subdivision (b)(6)(A) shall be entitled to a reasonable fee to be set by the court for each legatee or distributee for whom identifying information is submitted in accordance with subdivision (b)(6)(A). If more than one (1) person or entity submits accurate identifying information to the clerk, then the person or entity who files the first submission received by the clerk shall receive the fee provided by this subdivision (b)(6)(B). The fee shall be an administrative expense of the estate and shall be entitled to priority over the claims of creditors.
(C) The person or entity filing notice pursuant to subdivision (b)(6)(A) shall not be entitled to any other compensation from any person or entity, including any legatee or distributee, for providing the information to the legatee or the distributee or to the clerk. Any assignment by a legatee or distributee to a person or entity providing the information to a legatee or distributee, whether or not filed with the clerk, or any other agreement for pay for the information, is void and all compensation of the person or entity providing information shall be subject to the approval of the court as required by subdivision (b)(6)(B).
[Code 1858, § 2241 (deriv. Acts 1723, ch. 10, § 2; 1851-1852, ch. 180, § 1); Shan., § 3977; Code 1932, § 8189; Acts 1957, ch. 34, § 1; T.C.A. (orig. ed.), § 30-501; Acts 1984, ch. 644, § 1; 1988, ch. 854, §§ 6, 7; 1992, ch. 951, §§ 4, 5; 2006, ch. 639, § 1; 2008, ch. 1050, § 1.]
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