Tennessee Code Annotated
Tenn. Code Ann. § 30-1-301 (2026)
Jurisdiction
✓ current as of May 2026
The chancery court of the county in which any person resided at the time of the decedent's death, or in which the decedent's estate, goods, and chattels or effects were at the time of the decedent's death, may appoint an administrator when six (6) months have elapsed from the death, and no person will apply or can be procured to administer on the decedent's estate.
Code 1858, § 2209 (deriv. Acts 1841-1842, ch. 177, § 1); Shan., § 3943; Code 1932, § 8155; T.C.A. (orig. ed.), § 30-301.
Notes of Decisions
Cited in 6
cases, 2000–2019 · leading case: In Re: Est. of Martha M. Tanner, 295 S.W.3d 610 (Tenn. 2009).
In Re: Est. of Martha M. Tanner, 295 S.W.3d 610 (Tenn. 2009). “See Tenn. Code Ann. §§ 30-1-301 to -311 (2007 & Supp.”
In Re: Est. of William Hugh Luck Thomas Benton Luck, Executors v. FDS/Goldsmith's (Tenn. Ct. App. 2005). “Tenn. Code Ann. § 30-1-301 (2003). 7 At the time of the decision by the lower court in Estate of Divinny, the legislature had not amended section 30-2-306 of the Tennessee Code to include subsection (f).”
Jermaine Reese v. The Est. of Stanley Cutshaw (Tenn. Ct. App. 2018). “Section 30-1-301 of the Tennessee Code provides: “The chancery court of the county in which any person resided at the time of the decedent’s death, or in which the decedent’s estate, goods, and chattels or effects were at the time of the decedent’s death, may appoint an…”
Est. of Mary E. Dillard v. Tennessee Bureau of Tenncare (Tenn. Ct. App. 2009). “M2008-01002-COA-R3-CV - Filed November 30, 2009 Bureau of TennCare filed a petition pursuant to Tenn. Code Ann. § 30-1-301 seeking the appointment of an administrator of the estate of a deceased TennCare recipient in order to recover the amount of medical assistance and services…”
In Re Est. of Dante Lamar Edmonds (Tenn. Ct. App. 2019). “Section 30-1-106 provides no express guidance as to what time period is required to allow a finding that there has been a “want of application” by the spouse or next of kin.”
Est. of Divinny v. Wheeler Bonding Co. (Tenn. Ct. App. 2000). “The Trial Court denied WBC’s claim, stating “that the claim was filed more than one year following the death of Jackson Brown Divinny and filing for administration in Chancery under T.C.A.§30-1-301 is not an alternative proceeding for escaping the one-year statute prohibiting…”
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