Tennessee Code Annotated

Tenn. Code Ann. § 30-2-316 (2026)

Judgment on claims where no exceptions filed

✓ current as of May 2026

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After the lapse of ninety (90) days from and after the expiration of the time for entering exceptions to claims filed against the estate, the court may, upon the written application of any creditor having a matured claim on which no independent suit is pending, to whose duly filed claim no exception has been filed as provided in § 30-2-314, enter judgment for the creditor against the estate; provided, that not less than five (5) days' prior written notice of intention to file an application shall be given to the personal representative, stating the time at which the application is to be presented to the court.

C. Supp. 1950, § 8196.5; T.C.A. (orig. ed.), § 30-519.

Notes of Decisions

Cited in 5 cases, 2003–2020 · leading case: In Re: Est. of Martha M. Tanner, 295 S.W.3d 610 (Tenn. 2009).

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In Re: Est. of Martha M. Tanner, 295 S.W.3d 610 (Tenn. 2009). · cites it 4× “Section 30-2-316, which sets forth the priority of claims against an estate, also contemplates “claims or demands” other than those arising out of contracts.”

Dorothy J. Ethridge v. The Est. of Bobby Ray Ethridge, Anthony Ray Ethridge, 427 S.W.3d 389 (Tenn. Ct. App. 2013). · cites it 8× “Ethridge, are: (1) Whether the trial court erred in dismissing Appellant’s timely filed *393 claim as a creditor of the Estate where said claim was prima facie valid requiring a timely exception to be filed pursuant to Tenn.Code Ann. § 30-2-316 and [where] the executor failed to…”

In Re: Est. Of Wawana Lynn Brakebill (2020). · cites it 3× “Tenn. Code Ann. § 30-2-316 provides the following procedure for a creditor to request a court to enter judgment in the creditor’s favor after the time to enter an exception has expired: After the lapse of ninety (90) days from and after the expiration of the time for entering…”

In Re The Est. of Roslyn F. Karesh (Tenn. Ct. App. 2012). · cites it 2× “See also Tenn. Code Ann. § 30-2-316 ; Estate of Green, 246 S.”

In Re: Est. of James H. Williams (Tenn. Ct. App. 2003). · cites it 2× “Tenn. Code Ann. § 30-2-315 . If no exception is filed, the court may, after ninety days, where no independent suit is pending, enter judgment against the estate for the claim, upon motion by the claimant and notice to the estate.”

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