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Who can object to a creditor claim filed against a probate estate in Tennessee?

Posted on Apr 29 2013 9:41AM by Attorney, Jason A. Lee

T.C.A. § 30-2-314 provides that certain individuals can file objections to a claim filed by creditors against a Tennessee probate estate.  The personal representative of the estate, a creditor, heir, beneficiary or anyone else who has an interest in the estate can file an objection to a creditor claim.  This allows the contesting party to argue to the court that a specific creditor claim against the estate should not be allowed.  Specifically, this statute provides that:

 

the personal representative, or any party interested in the estate either as creditor, distributee, heir or otherwise, may except to the claim by filing written exceptions in triplicate with the clerk of the court in which the estate is being administered

 

The exceptions to the claim must be filed within thirty days after the “expiration of four (4) months from the date of the notice to creditors given as provided in § 30-2-306(b).”  If a creditor claim is filed against the probate estate after the four month time period allowed in T.C.A. § 30-2-306, then the notice of exception to that claim can be filed within thirty days from the time the personal representative receives notice from the clerk of the filing of the claim.

 

The exception to a creditor's claim must include a reasonably detailed explanation of the basis for which the person is making the exception.  T.C.A. §30-2-315 provides greater detail about the procedures for how the court determines whether a claim should stand or whether the exception should be upheld.  If you have a creditor claim or desire to object to a creditor claim, it is very important to have a Tennessee probate attorney assist with this process in order to properly comply with these statutes.

 

Follow me on Twitter at @jasonalee for updates from the Tennessee Wills and Estates blog.

TAGS: Administration of Intestate Estate, Probate Process, Administration of Testate Estate, Creditor claims, Notice Requirements, Tennessee Probate Law
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