Application to Compel Payment of Distributive Share or Legacy

  1. Law
  2. Tennessee Code
  3. Administration of Estates
  4. Management, Settlement and Distribution
  5. Distribution
  6. Application to Compel Payment of Distributive Share or Legacy

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

  1. Any distributee or legatee of the estate may, after the expiration of eighteen (18) months from the grant of letters, apply to the probate or chancery court of the county in which administration was taken out, to compel the payment of the distributee's or legatee's distributive share or legacy.
  2. The application shall be by petition or bill, shall set forth the claim of the applicant as legatee or distributee, shall allege that the assets of the estate are more than sufficient to pay the debts, charges, and other claims, if any, entitled to priority, and be verified, by affidavit.
  3. The proceedings under the application shall be conducted as other equitable actions, and heard and determined summarily as soon as practicable.

Code 1858, §§ 2312-2314 (deriv. Acts 1723, ch. 10, § 4; 1762, ch. 5, §§ 23, 26); Shan., §§ 4048-4050; Code 1932, §§ 8347-8349; T.C.A. (orig. ed.), §§ 30-1313 — 30-1315.

Cross-References. Award of execution, §30-2-612.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 121.

Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 669, 832-834.

Law Reviews.

Decedent's Estates, Trusts and Future Interests — 1960 Tennessee Survey (Herman L. Trautman), 13 Vand. L. Rev. 1101 (1960).

Equity — 1961 Tennessee Survey (II) (T.A. Smedley), 15 Vand. L. Rev. 896 (1962).

Executors and Administrators — Administrator's Liability for Services Rendered Estate, 15 Tenn. L. Rev. 824 (1939).

The Tennessee Court System — Chancery Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 281 (1978).


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