All actions pending against any person at the time of that person's death, that by law may survive against the personal representative, shall be considered demands legally filed against the estate at the time of the filing with the clerk of the court in which the estate is being administered of a copy in duplicate of the order of revivor, one (1) of which copies shall be certified or attested, a notation of which shall be entered by the clerk in the record of claims, as in the case of other claims filed. Pending actions not so revived against the personal representative within the period prescribed in § 30-2-307(a) shall abate.
Acts 1939, ch. 175, § 5; 1947, ch. 137, § 1; C. Supp. 1950, § 8196.6 (Williams, § 8196.5); Acts 1971, ch. 229, § 7; T.C.A. (orig. ed.), § 30-524; Acts 1989, ch. 395, § 8.
Notes of Decisions
Mid-South Pavers, Inc. v. Arnco Constr., Inc., 771 S.W.2d 420 (Tenn. Ct. App. 1989).
· cites it 20× “as required by T.C.A. § 30-2-320; and ... therefore this Honorable Court lacked jurisdiction to hear this cause as to the defendant.”
Wunderlich v. Fortas, 776 S.W.2d 953 (Tenn. Ct. App. 1989).
· cites it 20× “The Estate contends that the trial court lacked subject matter jurisdiction over the Estate because the plaintiff failed to file a copy of the consent order on Motion for Substitution of Parties with the probate court pursuant to T.C.A. § 30-2-320 which provides: All actions…”
Tanner v. Whiteco, L.P., 337 S.W.3d 792 (Tenn. Ct. App. 2010).
· cites it 2× “Tanner’s alleged failure to revive the lawsuit in accordance with Tenn. Code Ann. § 30-2-320 . By Order of December 5, 2008, the Estate of Norman Vann Thomas, Sr.”
In re Est. of Lucas, 844 S.W.2d 627 (Tenn. Ct. App. 1992).
· cites it 8× “On appeal the administratrix also insists that the judgment is invalid because it was rendered after the decedent’s death, and that the claim against the estate abated because the trustee failed to comply with Tenn.Code Ann. § 30-2-320. For the reasons discussed below, we…”
DuVoisin v. Coker (In re S. Indus. Banking Corp.), 125 B.R. 517 (Bankr. E.D. Tenn. 1991).
· cites it 14× “Tenn.Code Ann. § 30-2-320 (Supp.1990). The time period referred to in § 30-2-320 and which is prescribed in § 30-2-307(a) of the Tennessee Code Annotated is six months from the date of the first publication of notice to creditors.”
In Re Est. of James Donald Meadows (Tenn. Ct. App. 2018).
· cites it 4× “2 Section 30-2-320 provides All actions pending against any person at the time of that person’s death, that by law may survive against the personal representative, shall be considered demands legally filed against the estate at the time of the filing with the clerk of the court…”
Denis N. Etheredge v. Est. of Doris Etheredge (2025).
· cites it 3× “” Tenn. Code Ann. § 30-2-320 . The phrase “all actions” suggests that the law should be construed broadly, with the burden to show an exception on the requestor.”
In Re: Carlton Agib Blessing (Tenn. Ct. App. 1998).
· cites it 2× “The Court further finds that the said Laura Emily Blessing Ward did not file a copy or certified copy of the Order reviving said case in the Probate Court of Wilson County, Tennessee, as required by T.C.A. 30-2-320. The Court further finds that the six (6) month period for the…”
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