Tennessee law requires the provision of
notice to debtors and creditors after an individual dies and a probate estate
is opened. T.C.A.
§ 30-2-306 requires the personal representative (the Executor, Executrix or
Administrator of the probate estate) to provide notice to all creditors with
"whom the personal representative has actual knowledge or who are
reasonably ascertainable by the personal representative, at the creditor's last
known address." The complete
requirements are listed in T.C.A.
§ 30-2-306(d) which provides as follows:
(d) In addition,
it shall be the duty of the personal representative to mail or deliver by other
means a copy of the published or posted notice as described in subsection (b)
to all creditors of the decedent of whom the personal representative has actual
knowledge or who are reasonably ascertainable by the personal representative,
at the creditors' last known addresses. This notice shall not be required where
a creditor has already filed a claim against the estate, has been paid or has
issued a release of all claims against the estate.
Additionally, the
clerk of the court where the estate is administered is required to provide
public notice to creditors and debtors within 30 days after the issuance of
letters testamentary or administration. This
notice is to be provided in a newspaper or public place pursuant to the
statute. The specifics of T.C.A. §
30-2-306(a) are as follows:
(a) Except as
provided in subsection (e), it is the duty of the clerk of the court in which
an estate is being administered, within thirty (30) days after the issuance of
letters testamentary or of administration, to give, in the name of the personal
representative of the estate, public notice of the personal representative's
qualification as such by two (2) consecutive weekly notices published in some
newspaper of the county in which letters testamentary or of administration are
granted, or, if no newspaper is published in that county, by written notices
posted in three (3) public places in the county, one (1) of which shall be
posted at the usual place for posting notices at the courthouse.
This statute makes
it clear that it is the duty of the personal representative to identify known
creditors and to investigate potential creditors of the estate. This does not require a search to the ends of
the earth, but does require a reasonable search to locate creditors and debtors
of the deceased. As a result, it is
important for the personal representative to review financial records of the
deceased and to look at mail that comes to the deceased after death in order to
attempt to ascertain all creditors or debtors of the deceased to satisfy the
notice requirements. This is an
important duty of the personal representative and the personal representative can
be found personally responsible for certain debts if they do not put creditors
on notice if the personal representative had actual knowledge of their
existence. See Burke v.
Langdon, 190 S.W.3d 660 (Tenn. Ct. App. 2005).
T.C.A.
§ 30-2-306 further provides that all claims of creditors are forever barred
unless they file a claim within four months of the date of first publication of
the notice (as long as the creditor received an actual copy of the notice at
least 60 days prior to the end of the four month period). In the alternative, if the creditor received
notice within 60 days of the four month cutoff (following the date of first
publication), then the creditor has 60 days from the date the creditor actually
received a copy of het notice. In any
event, the absolute cutoff under T.C.A.
§ 30-2-306 is a creditor's claim will be forever barred if not filed within
twelve months after the decedent's date of death.
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