Tennessee Code Annotated
Tenn. Code Ann. § 40-20-115 (2026)
Disqualification from fiduciary office
✓ current as of May 2026
The effect of a sentence of imprisonment in the penitentiary is to put an end to the right of the inmate to execute the office of executor, administrator or guardian, fiduciary or conservator, and operates as a removal from office.
Amended by 2013 Tenn. Acts, ch. 435,s 33, eff. 7/1/2013.
Code 1858, § 5230; Shan., § 7203; Code 1932, § 11789; T.C.A. (orig. ed.), § 40-2715.
Notes of Decisions
Cited in 12
cases (2 in the last 5 years), 1996–2022 · leading case: Cole v. Campbell, 968 S.W.2d 274 (Tenn. 1998).
Cole v. Campbell, 968 S.W.2d 274 (Tenn. 1998). “§ 40-20-112; the loss of the right to hold public office, see Tenn.Code Ann. § 40-20-114; and the loss of the right to serve as a fiduciary, see Tenn.”
State v. Johnson, 79 S.W.3d 522 (Tenn. 2002). “§ 40-20-115; and the loss of the right to possess a handgun, see id.”
In Re: Application of Tony Cox (seeking to qualify as agent for Memphis Bonding) & State of Tennessee v. Cheryl D. Gray & Samuel R. Brisco, 389 S.W.3d 794 (Tenn. Crim. App. 2012). “§ 40-20-115. The code provides a procedure through which “[pjersons rendered infamous or deprived of the rights of citizenship by the judgment of any state or federal court may have their full rights of citizenship restored by the circuit court.”
In Re Conservatorship of Waltraud E. Lemonte (Tenn. Ct. App. 2017). “Tenn. Code Ann. § 40-20-115 . As articulated by the Tennessee Supreme Court, this statute is a “specific disability statute,” to-wit: Tennessee has “specific disability statutes,” which “designate a particular civil disability that occurs upon the conviction and remains in…”
State of Tennessee v. Jason Kevin Dedreux (Tenn. Ct. App. 2022). “§ 40 - 20-112; to hold public office, Tenn. Code Ann. § 40-20-114 ; and to serve as a fiduciary, Tenn.”
Gregory L. Smith v. State of Tennessee (Tenn. Ct. App. 2012). “These include the loss of the right to vote, see Tenn. Code Ann. § 40-20-112 ; the loss of the right to hold public office, see Tenn.”
State v. David Black (Tenn. Ct. App. 2001). “These include the loss of the right to vote, see Tenn. Code Ann. § 40-20-112 ; the loss of the right to hold public office, see Tenn.”
State of Tennessee v. John Edward Johnson, Jr. (Tenn. Crim. App. 2001). “These include the loss of the right to vote, see Tenn. Code Ann. § 40-20-112 ; the loss of the right to hold public office, see Tenn.”
State Of Tennessee v. Vincent Edward Crowson, Jr. (Tenn. Crim. App. 2022). “§ 40-20-115; and the loss of the right to possess a handgun, see id.”
Larry Simpson v. Donal Campbell, Comm'r (Tenn. Ct. App. 2000). “M2000-00218-COA-R3-CV - Filed January 30, 2001 Larry Simpson, a prison inmate, appeals the dismissal by the trial court of his Petition for Declaratory Judgment asserting that he was entitled to mandatory parole under former Tennessee Code Annotated Section 40-3614 and Tennessee…”
Ray v. Stanton, App. No. 88-285-Ii, 1989 Wl 14135 (Tenn. Ct. App. Feb. 24 (Tenn. Ct. App. 1996). “Upon being convicted of any felony, a person loses his or her right to vote, see Tenn. Code Ann. § 40-20-112 , his or her right to hold public office, see Tenn.”
David Scott Blackwell v. Bill Haslam, Governor of the State of Tennessee, Robert e. Cooper, Jr., Tennessee Attorney Gen., Victor S. (Torry) Johnson, III, Dist. Attorney Gen., Kim Helper, Dist. Attorney Gen., & The State of Tennessee (Tenn. Ct. App. 2013). “§ 40-20-115; and the loss of the right to possess a handgun, see id.”
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