Tennessee Code Annotated
Tenn. Code Ann. § 20-5-108 (2026)
Continuation of decedent's action
✓ current as of May 2026
- (a) If the deceased had commenced an action before the deceased's death, it shall proceed without necessity of revivor.
- (b) The damages shall go to the surviving spouse and next of kin free from the claims of creditors.
Code 1858, § 2293; Shan., § 4028; mod. Code 1932, § 8238; Acts 1975, ch. 284, § 3; T.C.A. (orig. ed.), § 20-609.
Notes of Decisions
Cited in 4
cases, 1984–2018 · leading case: Timmins v. Lindsey, 310 S.W.3d 834 (Tenn. Ct. App. 2009).
Timmins v. Lindsey, 310 S.W.3d 834 (Tenn. Ct. App. 2009). “The defendants assert that the plaintiff is not entitled to any portion of the proceeds, contending that under Tenn. Code Ann. § 20-5-108 they are the only “next of kin” of Ms.”
Johnson v. Metro. Gov't of Nashville & Davidson Cnty., 665 S.W.2d 717 (Tenn. 1984). “Necessary legal steps must be taken by the beneficiaries of the action in every instance except those cases in which the decedent institutes suit before death, a situation covered by T.C.A. § 20-5-108. We find unpersuasive the reasoning of the Court of Appeals that necessary…”
Spurling v. Johnson, 747 S.W.2d 350 (Tenn. Ct. App. 1987). “The Defendant asserts this construction necessarily follows in light of the fact that by Chapter 284 of the Public Acts of 1975, T.C.A. 20-5-108(b) was amended by deleting the phrase “to be distributed as in the case of the distribution of personal property.”
Christopher O'Dneal v. Baptist Mem'l Hosp.-Tipton, 556 S.W.3d 759 (2018). “”); § 20-5-106(a) (listing the personal representative as one who can bring suit “for the benefit of the person’s surviving spouse or next of kin”)).”
— Tenn. Code Ann. § 20-5-108(b) — 1 case
Spurling v. Johnson, 747 S.W.2d 350 (Tenn. Ct. App. 1987). “The Defendant asserts this construction necessarily follows in light of the fact that by Chapter 284 of the Public Acts of 1975, T.C.A. 20-5-108(b) was amended by deleting the phrase “to be distributed as in the case of the distribution of personal property.”
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