Tenn. Code Ann. » Tenn. Code / Title 30 / Chapter 2 / Part 7

Tenn. Code Ann. § 30-2-701

Distribution of balance - Final settlement

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Upon the payment of all claims that are not contested and upon provision being made for expenses of administration, obligations on account of taxes and assessments that have not been settled, claims not due and undetermined contested claims, together with costs and expenses of litigation, the personal representative shall pay any balance remaining in the personal representative's hands to the distributees or legatees entitled to it, unless granted additional time by the court, or by the terms of the instrument under which the personal representative is acting, and thereafter, when all other legal liabilities have been paid, and the balance remaining has been delivered to those entitled to it or paid to the state treasurer, to be handled in accordance with title 66, chapter 29, part 1, relating to unclaimed property or administered as in § 30-2-402; provided, that in the event of insolvency, the personal representative shall make and file with the court a final settlement of the estate in accordance with chapter 2, part 6 of this title.

Amended by 2017 Tenn. Acts, ch. 280,s 6, eff. 7/1/2017.

Acts 1939, ch. 175, § 7; mod. C. Supp. 1950, § 8196.8 (Williams, § 8196.7); T.C.A. (orig. ed.), § 30-1301; Acts 1987, ch. 322, § 9.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2005–2025 · leading case: In Re: Estate of Martha M. Tanner
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In Re: Estate of Martha M. Tanner (2009) tenn · cites it 2× “(2) After the expiration of the period prescribed in § 30-2-306(b), but before the date that is twelve (12) months from the decedent’s date of death, the court may permit the personal representative to distribute the balance of the estate in accordance with § 30-2-701, make…”
In Re Estate of Ardell Hamilton Trigg (2012) tenn · cites it 2× “Tenn.Code Ann. § 30-2-701 (2007); 2 Pritchard 6th § 857.”
Burke v. Langdon (2006) tennctapp “(2) After the expiration of the period prescribed in § 30-2-306(c), but before the date which is twelve (12) months from the decedent’s date of death, the court may permit the personal representative to distribute the balance of the estate in accordance with § 30-2-701, make…”
In Re Estate of James A. Price (2025) tennctapp · cites it 2× “Because an estate cannot be closed until administrative and litigation costs are paid, see Tenn. Code Ann. § 30-2-701 , Appellant argues that Appellee’s alleged “unduly delay” in filing a petition for executor’s fees delayed the closing of the Estate.”
Helen Broyels v. Emma Woodson (2005) tennctapp · cites it 2× “Woodson on August 31, 2001, the Movant, Emma Woodson, no longer has the legal capacity [to] be sued as Executrix of the estate or to otherwise act on behalf of the estate pursuant to Tennessee Code Annotated Section 30-2-701, and under Tennessee law generally, and that any…”
Robert W. Mills v. Nita D. Mills (2015) tennctapp · cites it 2× “Pursuant to Tenn. Code Ann. §30-2-701 , Defendant Mills, as Executrix, was charged with the duty to pay the balance of assets in the estate to the legatees entitled to it under the Will, to wit: one-half (1/2) to Defendant Mills individually, and one-half (1/2) to Morris Mills…”
In Re Estate of Frieda Lindy Freedman Harold Freedman, As v. Anita Taradash (2013) tennctapp “(2) After the expiration of the period prescribed in § 30-2-306(b), but before the date that is twelve (12) months from the decedent’s date of death, the court may permit the personal representative to distribute the balance of the estate in accordance with § 30-2-701, make…”
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