The clerk shall, before delivering the letters of administration or letters testamentary to the personal representative, administer to the representative, if an executor, an oath for performing the will of the deceased; and, if an administrator, an oath for the faithful performance of the administrator's duty; and, as to both, an oath that all statements in the petition about the representative are true and accurate and the representative is not disqualified from serving because of having been sentenced to imprisonment in a penitentiary as set forth in § 40-20-115 or otherwise. In the alternative, the oaths of the administrator or executor may be sworn or affirmed in the presence of a notary public and the acknowledgment of the representative's oaths, when certified by the notary public, shall be presented to the appropriate clerk.
Amended by 2019 Tenn. Acts, ch. 332, s 2, eff. 5/10/2019.
Code 1858, § 2221 (deriv. Acts 1715, ch. 48, § 5); Shan., § 3956; Code 1932, § 8168; Acts 1983, ch. 55, § 1; T.C.A. (orig. ed.), § 30-114.
Notes of Decisions
Cited in
7
cases (
2 in the last 5 years), 2005–2024 · leading case:
In Re Est. of Boote, 198 S.W.3d 699 (Tenn. Ct. App. 2005).
In Re Est. of Boote, 198 S.W.3d 699 (Tenn. Ct. App. 2005).
· cites it 3× “…to the person nominated by the testator or testatrix to serve as the executrix or executor for the estate. Tenn.Code Ann. §§ 30-1-111 (2001), 30-1-201(a)(2) (2001); 1 PRITCHARD § 36, at 58-59; 2 PRITCHARD §§ 595, at 108-09, 596, at 109-10, 601, at 113. Probate in…”
In Re: Est. of Joan Uhl Pierce, 511 S.W.3d 520 (Tenn. Ct. App. 2016).
· cites it 2× “…to the person nominated by the testator or testatrix to serve as the executrix or executor for the estate. Tenn. Code Ann. §§ 30-1-111 (2001), 30-l-201(a)(2) (2001); 1 Pritchard § 36, at 58-59; 2 Pritchard §§ 595, at 108-09, 596, at 109-10, 601, at 113. Probate in…”
In Re Est. of Adam Randall Wilson (Tenn. Ct. App. 2024).
· cites it 2× “…to the person nominated by the testator or testatrix to serve as the executrix or executor for the estate. Tenn. Code Ann. §§ 30-1-111 (2001), 30-1- 201(a)(2) (2001); 1 PRITCHARD § 36, at 58-59; 2 PRITCHARD §§ 595, at 108-09, 596, at 109-10, 601, at 113. - 12 -…”
In Re Est. of Joseph Owen Boote, Jr. (Tenn. Ct. App. 2005).
· cites it 2× “…to the person nominated by the testator or testatrix to serve as the executrix or executor for the estate. Tenn. Code Ann. §§ 30-1-111 (2001), 30-1- 201(a)(2) (2001); 1 PRITCHARD § 36, at 58-59; 2 PRITCHARD §§ 595, at 108-09, 596, at 109-10, 601, at 113. Probate in…”
In Re Est. of Winston Verlon Clark, Sr. (2021).
“…to the person nominated by the testator or testatrix to serve as the executrix or executor for the estate. Tenn. Code Ann. §§ 30-1-111 (2001), 30-1- 201(a)(2) (2001); 1 PRITCHARD § 36, at 58-59; 2 PRITCHARD §§ 595, at 108-09, 596, at 109-10, 601, at 113. In re…”
In Re: Est. of John Leonard Burke (Tenn. Ct. App. 2013).
“…person nominated by the testator or testatrix to serve as the executrix or executor for the estate. Tenn. Code Ann. §§ 30-1-111 (2001), 30-1-201(a)(2) (2001); 1 P RITCHARD § 36, at 58-59; 2 P RITCHARD §§ 595, at 108-09, 596, at 109-10, 601, at 113. -4- Probate in solemn form…”
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