Tennessee Code Annotated
Tenn. Code Ann. § 30-2-310 (2026)
Limitation on time of filing claims
✓ current as of May 2026
- (a) All claims and demands not filed with the probate court clerk, as required by §§ 30-2-306 - 30-2-309, or, if later, in which suit has not been brought or revived before the end of twelve (12) months from the date of death of the decedent, shall be forever barred.
- (b) Notwithstanding subsection (a), all claims and demands not filed by the state with the probate court clerk, as required by §§ 30-2-306 - 30-2-309, or, if later, in which suit has not been brought or revived before the end of twelve (12) months from the date of death of the decedent, shall be forever barred. This statute of limitations shall not apply to claims for taxes. Claims for state taxes shall continue to be governed by § 67-1-1501.
- (c) Notwithstanding subsections (a) and (b), § 71-5-116, and §§ 30-2-306 - 30-2-309:
- (1) If the bureau of TennCare receives a notice to creditors as defined in § 30-2-306(b) within twelve (12) months of the decedent's date of death, then the bureau's claims and demands against the decedent's estate are forever barred unless the bureau files a claim with the probate court clerk or brings or revives suit within the later of:
- (A) Twelve (12) months from the decedent's date of death; or
- (B) Four (4) months from the date when the bureau received the notice to creditors;
- (2) If the bureau of TennCare does not receive a notice to creditors as defined in § 30-2-306(b) within twelve (12) months of the decedent's date of death, then the bureau's claims and demands against the decedent's estate are forever barred unless the bureau files a claim with the probate court clerk or files a petition to open or re-open a decedent's estate within forty-eight (48) months of the decedent's date of death;
- (3) If a claim is not filed by the bureau of TennCare pursuant to subdivision (c)(1) or (c)(2), then the requirements of § 71-5-116(c)(2) do not apply.
- (1) If the bureau of TennCare receives a notice to creditors as defined in § 30-2-306(b) within twelve (12) months of the decedent's date of death, then the bureau's claims and demands against the decedent's estate are forever barred unless the bureau files a claim with the probate court clerk or brings or revives suit within the later of:
Amended by 2021 Tenn. Acts, ch. 102, s 1, eff. 4/7/2021.
Amended by 2014 Tenn. Acts, ch. 883, s 1, eff. 7/1/2014.
Acts 1939, ch. 175, § 3A, as added by Acts 1947, ch. 213, § 2; 1949, ch. 176, § 1; mod. C. Supp. 1950, § 8196.4 (Williams, § 8196.3a); Acts 1971, ch. 229, § 3; T.C.A. (orig. ed.), § 30-513; Acts 1989, ch. 395, § 4; 2000, ch. 970, § 1.
Notes of Decisions
Cited in 29
cases (3 in the last 5 years), 1999–2025 · 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). “Tenn. Code Ann. § 30-2-310 (emphasis added).”
Bowden v. Ward, 27 S.W.3d 913 (Tenn. 2000). “” Tenn.Code Ann. § 30-2-310 (Supp.1989). 7 Based on our conclusion that Ward did not receive “actual notice,” we hold that pursuant to Tenn.”
In Re Est. of Daughrity, 166 S.W.3d 185 (Tenn. Ct. App. 2004). “The State’s action to be bound by the one (1) year barr [sic] to claims should by the same choice impose the conditions of T.C.A. § 30-2-310 upon the State. For these reasons the Court finds that the *188 claim of the State of Tennessee, Bureau of TennCare is barred by T.”
Brady v. Smith, 56 S.W.3d 523 (Tenn. Ct. App. 2001). “§ 30-2-306, § 30-2-307, and § 30-2-310 mandate that the Children’s claim is barred as it was filed outside twelve (12) months from Decedent’s date of death.”
In Re Est. of Hazel N. Ledford, 419 S.W.3d 269 (Tenn. Ct. App. 2013). “Tenn.Code Ann. § 30-2-310 (2007). The Ledford Family Trust knew about the contamination problem from the UST’s and considered filing a claim against the Estate, but did not.”
In Re Est. of Omer Stidham, 438 S.W.3d 535 (Tenn. Ct. App. 2012). “The heirs assert that the Bureau’s claim was untimely because it was filed more than one year after Decedent’s death. The Bureau responds that the applicable statute of limitations does not bar its claim because it did not receive the required notice pursuant to Tennessee Code…”
In Re: Est. of William Hugh Luck Thomas Benton Luck, Executors v. FDS/Goldsmith's (Tenn. Ct. App. 2005). “Tenn. Code Ann. § 30-2-310 (a) (2003) (emphasis added).”
In Re: Est. of Fred Crumley, Sr., 439 S.W.3d 318 (Tenn. Ct. App. 2012). “The Bureau contends that the applicable statute of limitations found in Tennessee Code Annotated section 30-2-310 did not bar its claim. The Bureau admits that it is obligated to *322 file claims within the statute of limitations when the personal representatives of an estate…”
In Re Est. of Dana Ruth Johnson Gregory (Tenn. Ct. App. 2012). “The executor filed an objection to the claim asking that it be dismissed as barred by the one-year statute of limitations found at Tenn. Code Ann. § 30-2-310 (2007). The executor quoted subsection (b) of the statute, which provides that all claims and demands not filed by the…”
In Re Est. of Earsie L. Kirkman (Tenn. Ct. App. 2017). “Issues Appellants raise four issues for review, as stated in their brief: 2 In its order, the trial court also found that the Appellants’ objection to the closing of the estate violated the one-year statute of limitations enumerated in Tennessee Code Annotated Section 30-2-310.…”
In Re Est. of Karen Klyce Smith (Tenn. Ct. App. 2018). “” Tenn. Code Ann. § 30-2-310 . We have explained that “claims not filed within twelve months of the decedent’s death are barred.”
Jermaine Reese v. The Est. of Stanley Cutshaw (Tenn. Ct. App. 2018). “Tenn. Code Ann. § 30-2-310 (a). Additionally, Tennessee Code Annotated section 30-2- 3-307(a)(1)(B) expressly states that a “creditor’s claim shall be barred unless filed within twelve (12) months from the decedent’s date of death.”
— Tenn. Code Ann. § 30-2-310(a) — 6 cases
In Re: Est. of Martha M. Tanner, 295 S.W.3d 610 (Tenn. 2009). “Tenn. Code Ann. § 30-2-310 (emphasis added).”
Brady v. Smith, 56 S.W.3d 523 (Tenn. Ct. App. 2001). “§ 30-2-306, § 30-2-307, and § 30-2-310 mandate that the Children’s claim is barred as it was filed outside twelve (12) months from Decedent’s date of death.”
In Re: Est. of William Hugh Luck Thomas Benton Luck, Executors v. FDS/Goldsmith's (Tenn. Ct. App. 2005). “Tenn. Code Ann. § 30-2-310 (a) (2003) (emphasis added).”
In Re: Est. of Lois Whitten (Tenn. Ct. App. 2014).
In Re Est. of John Jefferson Waller (Tenn. Ct. App. 2022).
— Tenn. Code Ann. § 30-2-310(b) — 4 cases
In Re: Est. of Martha M. Tanner, 295 S.W.3d 610 (Tenn. 2009). “Tenn. Code Ann. § 30-2-310 (emphasis added).”
In Re Est. of Daughrity, 166 S.W.3d 185 (Tenn. Ct. App. 2004). “The State’s action to be bound by the one (1) year barr [sic] to claims should by the same choice impose the conditions of T.C.A. § 30-2-310 upon the State. For these reasons the Court finds that the *188 claim of the State of Tennessee, Bureau of TennCare is barred by T.”
In Re: Est. of Fred Crumley, Sr., 439 S.W.3d 318 (Tenn. Ct. App. 2012). “The Bureau contends that the applicable statute of limitations found in Tennessee Code Annotated section 30-2-310 did not bar its claim. The Bureau admits that it is obligated to *322 file claims within the statute of limitations when the personal representatives of an estate…”
In Re Est. of Dana Ruth Johnson Gregory (Tenn. Ct. App. 2012). “The executor filed an objection to the claim asking that it be dismissed as barred by the one-year statute of limitations found at Tenn. Code Ann. § 30-2-310 (2007). The executor quoted subsection (b) of the statute, which provides that all claims and demands not filed by the…”
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