Nonresident Decedents — Granting Letters Testamentary or of Administration

  1. Law
  2. Tennessee Code
  3. Administration of Estates
  4. Executors and Administrators
  5. General Provisions
  6. Nonresident Decedents — Granting Letters Testamentary or of Administration

Checkout our iOS App for a better way to browser and research.

  1. Letters testamentary or of administration may be granted upon the estate of a person who resided, at the time of the person's death, in some other state or territory of the union, or in a foreign country, by the probate court of any county in this state:
    1. Where the deceased had any goods, chattels, or assets, or any estate, real or personal, at the time of the person's death, or where the goods, chattels, assets, or estate may be when the letters are applied for;
    2. Where any debtor of the deceased resides;
    3. Where any debtor of a debtor of the deceased resides, the debt being unpaid when the application is made; or
    4. Where any suit is to be brought, prosecuted, or defended, in which the estate is interested.
  2. In the case of subdivision (a)(4):
    1. If the suit is pending, or to be brought, in a chancery court composed of more than one county, the probate court of any one of the counties may grant the letters; and
    2. If the suit is pending in an appellate court, the letters shall be granted by the probate court of the county in which the suit originated.

Code 1858, §§ 2203-2205 (deriv. Acts 1831, ch. 24, §§ 1, 2; 1841-1842, ch. 69, § 1; 1841-1842, ch. 165, § 1); Shan., §§ 3935-3937; Code 1932, §§ 8145-8147; T.C.A. (orig. ed.), §§ 30-103 — 30-105.

Cross-References. Administrators ad litem, appointment, §30-1-109.

Executors of foreign wills qualifying, §32-5-102.

Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 58, 63, 64, 572.

Tennessee Jurisprudence, 12 Tenn. Juris., Executors and Administrators, §§ 2, 4; 25 Tenn. Juris., Wills, § 57; 17 Tenn. Juris., Jurisdiction, § 10.

Law Reviews.

Wrongful Death Action in Tennessee (T.A. Smedley), 29 Tenn. L. Rev. 447.

Attorney General Opinions. Filing bonds by nonresident fiduciaries, OAG 84-195, 1984 Tenn. AG LEXIS 143 (6/27/84).


Download our app to see the most-to-date content.