Tennessee Code Annotated

Tenn. Code Ann. § 30-2-313 (2026)

Notice of filing claim - Exceptions to claims - Jury trials upon demand

✓ current as of May 2026

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(a) The clerk of the court, within five (5) days after the filing of a claim and its entry in the claim book as provided in § 30-2-312, shall give written notice to the personal representative and the attorney of record of the filing of the claim, by mailing each a true and correct copy of the claim.

(b) If a personal representative of the decedent's estate files a claim against the estate of the decedent, the clerk of the court, within five (5) days after the filing of a claim and the entry thereof in the claim book as provided in § 30-2-312, shall give written notice to each residuary beneficiary of the decedent's estate of the filing of the claim, by mailing each a true and correct copy of the claim. The notice required by this subsection (b) is in addition to the notice required to be given by subsection (a).

(c) A claim shall not become a final judgment against the estate until after the expiration of the exception period prescribed in § 30-2-314(a).

(d) Should the claimant or the party excepting desire a trial by jury, it shall be demanded by that party in the first claim or exception filed. However, a claimant who has not demanded a jury in the claimant's claim may do so within five (5) days after receipt of notice of the filing of exceptions to the claimant's claim by filing a written demand for a jury with the probate court clerk.

Amended by 2017 Tenn. Acts, ch. 290,s 2, eff. 7/1/2017.

Acts 1939, ch. 175, § 2; 1947, ch. 137, § 2; 1947, ch. 213, § 1; C. Supp. 1950, § 8196.2; T.C.A. (orig. ed.), § 30-516; Acts 1985, ch. 140, § 15; 1989, ch. 395, §§ 5, 6.

Notes of Decisions

Cited in 5 cases, 2007–2019 · leading case: In Re Est. of Ardell Hamilton Trigg, 368 S.W.3d 483 (Tenn. 2012).

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In Re Est. of Ardell Hamilton Trigg, 368 S.W.3d 483 (Tenn. 2012). · cites it 2× “Tenn.Code Ann. § 30-2-313 (2007). 47 . Tenn.”

Est. of Green v. Carthage Gen. Hosp., Inc., 246 S.W.3d 582 (Tenn. Ct. App. 2007). · cites it 2× “Tenn. Code Ann. § 30-2-313 (a). The estate has the right to file “written exceptions” to any claim.”

In Re Est. of Bernice Hill (Tenn. Ct. App. 2018). · cites it 13× “” Tenn. Code Ann. § 30-2-313 (a). After a claim is filed, the estate may file an exception, disputing that the estate is 2 Filing a claim “amounts to a demand for payment and is the equivalent of the beginning of an action.”

In Re Est. of Rickie Charles Vaughn (Tenn. Ct. App. 2019). · cites it 4× “Tenn. Code Ann. § 30-2-313 (b). Although these statutes indicate that personal representatives may file a claim against the estate, they do not indicate that personal representatives may file a claim against an estate on behalf of another.”

In Re The Est. of Roslyn F. Karesh (Tenn. Ct. App. 2012). · cites it 2× “Tenn. Code Ann. § 30-2-313 (a); Estate of Green, 246 S.”

— Tenn. Code Ann. § 30-2-313(a) — 1 case

In Re Est. of Bernice Hill (Tenn. Ct. App. 2018). “” Tenn. Code Ann. § 30-2-313 (a). After a claim is filed, the estate may file an exception, disputing that the estate is 2 Filing a claim “amounts to a demand for payment and is the equivalent of the beginning of an action.”

— Tenn. Code Ann. § 30-2-313(b) — 1 case

In Re Est. of Rickie Charles Vaughn (Tenn. Ct. App. 2019). “Tenn. Code Ann. § 30-2-313 (b). Although these statutes indicate that personal representatives may file a claim against the estate, they do not indicate that personal representatives may file a claim against an estate on behalf of another.”

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