Tennessee Code Annotated
Tenn. Code Ann. § 30-1-109 (2026)
Administrator ad litem
✓ current as of May 2026
- (a) In all proceedings in the probate or chancery courts, or any other court having chancery jurisdiction, where the estate of a deceased person must be represented, and there is no executor or administrator of the estate, or the executor or administrator of the estate is interested adversely to the estate, it shall be the duty of the judge or chancellor of the court, in which the proceeding is had, to appoint an administrator ad litem of the estate for the particular proceeding, and without requiring a bond of the administrator ad litem, except in a case where it becomes necessary for the administrator ad litem to take control and custody of property or assets of the intestate's estate, when the administrator ad litem shall execute a bond, with good security, as other administrators are required to give, in such amounts as the chancellor or judge may order, before taking control and custody of the property or assets.
- (b) This appointment shall be made whenever the facts rendering it necessary appear in the record of such a case, or shall be made known to the court by the affidavit of any person interested in the case; and, in such proceedings in the chancery court, the chancellor at chambers or clerk and master of the court on a rule day shall have authority to make an appointment in vacation.
Acts 1889, ch. 137, § 1; Shan., § 3954; mod. Code 1932, § 8166; T.C.A. (orig. ed.), § 30-312.
Notes of Decisions
Cited in 14
cases (3 in the last 5 years), 1992–2025 · leading case: Christopher J. White v. Lisa M. Johnson v. City of Memphis, Tennessee, 522 S.W.3d 417 (Tenn. Ct. App. 2016).
Christopher J. White v. Lisa M. Johnson v. City of Memphis, Tennessee, 522 S.W.3d 417 (Tenn. Ct. App. 2016). “3d at 120 (citing Tenn.Code Ann. § 30-1-109). Consequently, Section 30-1-109, rather than Section 30-1-106, specifically gives Appellants the right to have an administrator ad litem appointed for the limited purpose of defending against their claim that they were injured by Mr.”
Est. of Russell v. Snow, 829 S.W.2d 136 (Tenn. 1992). “Russell’s estate has occurred and there is no allegation that the executor had an interest adverse to the estate, there is no other provision under T.C.A. § 30-1-109 to appoint an administrator ad litem.”
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. § 30-1-109 ; Estate of Russell v.”
Oscar H. Vaughn v. James D. Morton, 371 S.W.3d 116 (Tenn. Ct. App. 2012). “Tenn.Code Ann. § 30-1-109 (2007). It is undisputed that the Plaintiff in this action had the administrator ad litem appointed and served the administrator; but it is also undisputed that the Plaintiff took no action to amend the complaint or to institute a separate action naming…”
Richard Liput v. Bobby Grinder, 405 S.W.3d 664 (Tenn. Ct. App. 2013). “See Tenn. Code Ann. § 30-1-109 ; see also Estate of Russell v.”
Bill E. Owens v. Otto Muenzel, Jr. (Tenn. Ct. App. 2018). “3 When there is no personal representative of a deceased tortfeasor upon whom process can be served, a plaintiff is entitled to have one appointed pursuant to Tennessee Code Annotated section 30-1-109: (a) In all proceedings in the probate or chancery courts, or any other court…”
Daryl A. Gray v. Bd. of Prof'l Responsibility of the Supreme Court of Tennessee (Tenn. 2025). “” Tenn. Code Ann. § 30-1-109 (a) (2021). Mr.”
Dr. Victor W. Horadam v. Sue Stewart, of the Est. of Andre Alice Norton (Tenn. Ct. App. 2008). “Tenn. Code Ann. § 30-1-109 (a) imposes a duty upon the chancery court to appoint an administrator ad litem of a decedent’s estate if “the executor or administrator of the estate is interested adversely to the estate” and Tenn.”
Adams v. Adient US LLC (W.D. Tenn. 2024). “Defendants read Guyear to mean that a substitute must be either the decedent’s estate administrator, sole heir, or appointed administrator ad litem under Tenn. Code Ann. § 30-1-109 . (ECF No. 132, 5-6.”
In Re Est. of William C. Link (Tenn. Ct. App. 2017). “Although the trial court did not reach the merits of this issue and relied solely on the statute of Intervening Complaint to assert additional claims on behalf of the estate, the trial court has the authority under Tenn. Code Ann. § 30-1-109 (a) to appoint an administrator ad…”
Laura Cowan Coffey v. David L. Coffey (Tenn. Ct. App. 2020). “” See Tenn. Code Ann. §§ 30-1-109 and 30-2-303.”
Stephanie Bryant v. Henry Klein (Tenn. Ct. App. 2009). “The fact that a general estate had not been opened or a personal representative appointed did not prevent the Plaintiffs from seeking the appointment of an administrator ad litem pursuant to Tenn. Code Ann. § 30-1-109 . See Estate of Russell v.”
— Tenn. Code Ann. § 30-1-109(a) — 1 case
Daryl A. Gray v. Bd. of Prof'l Responsibility of the Supreme Court of Tennessee (Tenn. 2025). “” Tenn. Code Ann. § 30-1-109 (a) (2021). Mr.”
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