Tennessee Code Annotated
Tenn. Code Ann. § 28-1-110 (2026)
Suspension pending administration of estate
✓ current as of May 2026
The time between the death of a person and the grant of letters testamentary or of administration on such person's estate, not exceeding six (6) months, and the six (6) months within which a personal representative is exempt from suit, is not to be taken as a part of the time limited for commencing actions which lie against the personal representative.
Code 1858, § 2760; Shan., § 4451; Code 1932, § 8577; T.C.A. (orig. ed.), § 28-111.
Notes of Decisions
Cited in 12
cases (2 in the last 5 years), 2009–2024 · leading case: Julia Putman v. John W. Leach Adm'r Ad Litem of the Est. of Bryane R. Litsinberger, 572 S.W.3d 605 (Tenn. Ct. App. 2018).
Julia Putman v. John W. Leach Adm'r Ad Litem of the Est. of Bryane R. Litsinberger, 572 S.W.3d 605 (Tenn. Ct. App. 2018). “Tenn. Code Ann. § 28-1-110 ; Tenn. Code Ann.”
Norman Redwing v. Catholic Bishop for the Diocese of Memphis, 363 S.W.3d 436 (Tenn. 2012). “Tenn.Code Ann. § 28-1-110 (2000). 19 . Tenn.”
Richard Liput v. Bobby Grinder, 405 S.W.3d 664 (Tenn. Ct. App. 2013). “According to Tennessee Code Annotated Section 28-1-110: The time between the death of a person and the grant of letters testamentary or of administration on such person’s estate, not exceeding six (6) months, and the six (6) months within which a personal representative is…”
Oscar H. Vaughn v. James D. Morton, 371 S.W.3d 116 (Tenn. Ct. App. 2012). “Tenn.Code Ann. § 28-1-110; see also Bryant v.”
Susan Durham v. Est. of Gus Losleben (Tenn. Ct. App. 2020). “Losleben to toll until either the appointment of a representative of his estate, or [six] months after his death to ensure the preservation of a right of action against him.”
Bill E. Owens v. Otto Muenzel, Jr. (Tenn. Ct. App. 2018). “” Tenn. Code Ann. § 28-1-110 ; see also Vaughn v.”
Stephanie Bryant v. Henry Klein (Tenn. Ct. App. 2009). “§ 28-1-110 provides: The time between the death of a person and the grant of letters testamentary or of administration on such person's estate, not exceeding six (6) months, and the six (6) months within which a personal representative is exempt from suit, is not to be taken as…”
Jason Ferrell v. Robert Miller & Kayla Ivey (Tenn. Ct. App. 2013). “2 Tenn. Code Ann. § 28-1-110 . Under the facts here, Tennessee Code Annotated section 28- 1-110 tolled the statute of limitations for six months.”
Robert Lee Algee v. David Anthony Craig as Pers. Rep. of the Est. of Nancy P. Craig (Tenn. Ct. App. 2020). “The trial court found that while suit was filed within one year of the statute of limitations, the original lawsuit was a nullity because the estate had been closed.”
Vivian Khah v. Jonathan Capley (Tenn. Ct. App. 2019). “But under Tennessee Code Annotated § 28-1-110, the death of the tortfeasor “suspend[s], or toll[s], the statute of limitations for that period of time between the death of a person and the appointment of a representative of his estate, up to a period of six months.”
Vernon Mott v. K. Jeffrey Luethke, Esq. (2021). “See Tenn. Code Ann. § 28-1-110 ; see also Putnam v.”
James Lucas v. Joseph Berryman (Tenn. Ct. App. 2024). “§ 28-1-110 . Had the plaintiffs not instituted their “second” lawsuit against the personal representative of the estate, the case would be over.”
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