2010 Tennessee Code
Title 30 - Administration of Estates
Chapter 2 - Management, Settlement and Distribution
Part 3 - Inventory and Management
30-2-315 - Trial of disputed claims where no jury demanded Appeals Independent suits, effect.

30-2-315. Trial of disputed claims where no jury demanded Appeals Independent suits, effect.

(a)  (1)  The clerk shall, within ten (10) days after the filing of exceptions to claim, in which matter no jury is demanded, as herein provided, fix a date for the hearing thereof by the court, and mail notice of the hearing to the personal representative, to the claimant whose claim has been excepted to, and to the party filing the exception. The date so fixed shall be not less than fifteen (15) days after the date of the mailing of the notice, nor more than eight (8) months after the date of the notice to creditors.

     (2)  The court shall hear and determine all issues arising upon all the exceptions.

     (3)  No other pleadings shall be required and the testimony may be taken orally or by deposition.

     (4)  The court shall assess the costs accruing in consequence of the exceptions in accordance with its discretion, and all costs assessed against the personal representative shall be a proper charge against the estate.

(b)  A judgment upon the findings of the court shall be entered in the court and from the judgment an appeal may be perfected within thirty (30) days from the date of entry of the judgment, to the court of appeals or the supreme court, as the case may be. The procedure on appeal shall be governed by the Tennessee Rules of Appellate Procedure.

(c)  Notwithstanding §§ 30-2-306 30-2-314, whenever there is instituted in any other court of competent jurisdiction an independent suit against a personal representative involving liability of the estate, and a claim founded on the same cause of action is or has been filed against the estate in the manner provided in §§ 30-2-307 and 30-2-308, which claim has not been adjudicated by the court in which the administration is pending, the court in which the administration is pending shall hold in abeyance any action on the claim until the final determination of the independent suit, whereupon, on the filing of a certified copy of the final judgment or decree with the clerk of the court in which the administration is pending, that court is authorized to enter judgment accordingly. This subsection (c) is not intended to deprive the judgment creditor of any other remedy provided by law for the enforcement of the final judgment or decree rendered in the independent suit.

[Acts 1939, ch. 175, § 3A, as added by Acts 1947, ch. 213, § 2; mod. C. Supp. 1950, § 8196.4 (Williams, § 8196.3a); Acts 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 30-518; Acts 1985, ch. 140, § 17.]  

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