Time Within Which Administration May Be Granted

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The time within which administration may be granted shall be as follows:

  1. Deceased Entitled to Remainder Not Reduced to Possession.  Where a person dies entitled to a vested or contingent remainder, not reduced to possession in the deceased's lifetime, ten (10) years after the termination of the life or other particular estate on which the remainder depends, letters shall be given to administer upon the deceased's estate in the remainder.
  2. Distributee under Disability at Death of Ancestor.  Administration may be granted at any time within twenty-two (22) years from the death of the deceased to any person entitled to distribution who was an infant when the deceased died.
  3. Prosecuting Claims Against Government.  A special administration may be granted for the purpose of prosecuting any claim against the government of the United States, without any limitation of time.

Code 1858, § 2220 (deriv. Acts 1831, ch. 24, § 3; 1835-1836, ch. 86, § 3; 1841-1842, ch. 69, § 2; 1853-1854, ch. 98, § 1); Shan., § 3955; mod. Code 1932, § 8167; T.C.A. (orig. ed.), § 30-113; Acts 1993, ch. 449, § 2.

Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 316, 352, 528, 540, 563, 572.


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