Priority of Claims — Payment — Contested or Unmatured Claims

  1. Law
  2. Tennessee Code
  3. Administration of Estates
  4. Management, Settlement and Distribution
  5. Inventory and Management
  6. Priority of Claims — Payment — Contested or Unmatured Claims

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  1. All claims or demands against the estate of any deceased person shall be divided into the following classifications, which shall have priority in the order shown:
    1. First: Costs of administration, including, but not limited to, premiums on the fiduciary bonds and reasonable compensation to the personal representative and the personal representative's counsel;
    2. Second: Reasonable funeral expenses;
    3. Third: Taxes and assessments imposed by the federal or any state government or subdivision of the federal or any state government, including claims by the bureau of TennCare pursuant to § 71-5-116 and including city and county governments; and
    4. Fourth: All other demands that may be filed as aforementioned within four (4) months after the date of notice to creditors.
  2. All demands against the estate shall be paid by the personal representative in the order in which they are classed, and no demand of one class shall be paid until the claims of all prior classes are satisfied or provided for; and if there are not sufficient assets to pay the whole of any one class, the claims in that class shall be paid pro rata.
  3. Debts due upon bills single, bonds, bills of exchange and promissory notes, whether with or without seal, and upon settled and liquidated accounts signed by the debtor, are of equal dignity, unless otherwise provided, and are to be paid accordingly.
  4. The personal representative shall hold aside sufficient funds or other assets to pay each contested or unmatured claim (or the proper ratable portion thereof, as the case may be) with interest (if the claim be one bearing interest), until it is determined whether or not the claim is to be paid, or until an unmatured claim has reached maturity, also sufficient assets to meet the expenses of pending litigation and costs of court and any unpaid taxes.

Code 1858, § 2250 (deriv. Acts 1786, ch. 4, § 2); Shan., § 3983; mod. Code 1932, § 8195; Acts 1939, ch. 175, § 4; 1947, ch. 137, § 1; C. Supp. 1950, § 8196.5 (Williams, § 8196.4); Acts 1971, ch. 229, § 5; T.C.A. (orig. ed.), § 30-520; Acts 1997, ch. 426, § 7; 2001, ch. 400, § 1; 2006, ch. 639, § 2; 2014, ch. 883, § 2.

Compiler's Notes. Acts 1997, ch. 426, § 26 provided that this section shall apply to all estates of decedents dying on or after January 1, 1998, and to all wills, other documents and proceedings related thereto.

Cross-References. Disbursement of decedent's shares or assets in possession of credit union, §45-4-405.

Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 785, 788, 789, 841, 907, 1144.

Law Reviews.

Preferences, Priorities, and Powers of the State in the Collection of Delinquent Revenue: Tennessee's Tax Enforcement Procedures Act (Donald J. Serkin), 8 Mem. St. U.L. Rev. 707 (1978).


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