Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0541 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	HOUSE BILL 906
3		-	By Garrett
	2	+	<BillNo> <Sponsor>
4	3
5	4		SENATE BILL 541
6	5		By Stevens
7	6
8	7
9	8		SB0541
10	9		001886
11	10		- 1 -
12	11
13	12		AN ACT to amend Tennessee Code Annotated, Title 30
14	13		and Title 32, relative to probate matters.
15	14
16	15		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	16		SECTION 1. Tennessee Code Annotated, Section 30-2-301, is amended by adding the
18	17		following as a new subsection:
19	18		(c)
20	19		(1) If the notified beneficiary desires to file an exception to the claim of a
21	20		claiming creditor, then each beneficiary is responsible for knowing the identity of
22	21		each claiming creditor, timely filing an exception to the creditor's claim, and
23	22		prosecuting the exception.
24	23		(2) If a beneficiary files an exception with the court, then the excepting
25	24		beneficiary shall send a copy of the exception to the personal representative of
26	25		the estate and to the attorney for the personal representative.
27	26		SECTION 2. Tennessee Code Annotated, Section 30-2-301(b)(1), is amended by
28	27		adding the following as a new subdivision:
29	28		(C) Each testamentary distributee of the estate, if the decedent's will has been
30	29		admitted to probate, or each intestate heir of the estate, if the decedent died intestate, of
31	30		the person or entity's right to except to the claim of a claiming creditor as provided in §
32	31		30-2-314(a) and (b) by sending copies of §§ 30-2-301(c) and 30-2-314(a) and (b) with
33	32		the beneficiary's copy of the will or portion of the will or the letters of administration.
34	33		SECTION 3. Tennessee Code Annotated, Section 30-2-306(b), is amended by deleting
35	34		"(2) Twelve (12) months from the decedent's date of death." and substituting:
	35	+	(2) Twelve (12) months from the decedent's date of death.
36	36
37	37
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39	39
40		-	(2) Twelve (12) months from the decedent's date of death.
41	40		If a creditor files a claim against the estate, then each claiming creditor has the right to
42	41		file an exception to the claim of any other claiming creditor under TCA § 30-2-314.
43	42		SECTION 4. Tennessee Code Annotated, Section 30-2-306, is amended by adding the
44	43		following as a new subsection:
45	44		(f)
46	45		(1) If a claiming creditor desires to file an exception to the claim of
47	46		another claiming creditor, then the claiming creditor is responsible for knowing
48	47		the identity of each other claiming creditor, timely filing an exception to the other
49	48		creditor's claim, and prosecuting the exception.
50	49		(2) If a claiming creditor files an exception with the court, then the
51	50		excepting creditor shall send a copy of the exception to the personal
52	51		representative of the estate and to the attorney for the personal representative.
53	52		SECTION 5. Tennessee Code Annotated, Section 30-2-314, is amended by deleting
54	53		subdivisions (a)(1) and (a)(2) and substituting:
55	54		(1) Until thirty (30) days after the expiration of four (4) months from the date of
56	55		the first publication or posting, as the case may be, of the notice to creditors given as
57	56		provided in § 30-2-306(b), the personal representative, each other creditor who has filed
58	57		a claim against the estate, each testamentary distributee of the estate if the decedent's
59	58		will has been admitted to probate, or each intestate heir of the estate if the decedent
60	59		died intestate may except to a claim by filing a written exception in triplicate with the
61	60		clerk of the court in which the estate is being administered.
62	61		(2) However, if the filing of the claim as permitted by § 30-2-307(a) occurs after
63	62		the date that is four (4) months from the date of first publication or posting, as the case
64	63		may be, of the notice to creditors, then the personal representative, each other creditor
	64	+	who has filed a claim against the estate, each testamentary distributee of the estate if
65	65
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68	68
69		-	who has filed a claim against the estate, each testamentary distributee of the estate if
70	69		the decedent's will has been admitted to probate, or each intestate heir of the estate if
71	70		the decedent died intestate may except to the claim by filing a written exception in
72	71		triplicate with the clerk of the court in which the estate is being administered; provided,
73	72		that the exception is filed no later than thirty (30) days from the date the personal
74	73		representative receives notice from the clerk of the filing of the claim.
75	74		SECTION 6. Tennessee Code Annotated, Section 32-2-104(a), is amended by deleting
76	75		the first sentence.
77	76		SECTION 7. Tennessee Code Annotated, Section 32-2-104, is amended by adding the
78	77		following as new subsections (a)–(e) and redesignating the current subsections (a) and (b) as
79	78		new subsections (f) and (g):
80	79		(a) As used in this chapter:
81	80		(1) "Holographic will" means a testamentary document that is either
82	81		entirely written by the testator in the testator's own handwriting or a printed will
83	82		form with blanks that are completed entirely in the testator's own handwriting;
84	83		(2) "Nuncupative will" means a will that is verbally given by the testator
85	84		and meets the requirements of § 32-1-106; and
86	85		(3) "Written will other than a holographic will" means a will reduced to
87	86		writing in other than the testator's own handwriting; a printed will form with blanks
88	87		that are completed by someone other than the testator; or a testamentary
89	88		document that is typewritten by the testator or someone other than the testator.
90	89		The document must be signed by the testator and the testator's signature must
91	90		be attested by two (2) witnesses in accordance with § 32-1-104.
92	91		(b) The following is required to admit a nuncupative will of a decedent to probate
93	92		in common form:
94	93
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98	97		(1) A sworn petition containing the information required by § 30-1-117;
99	98		(2) Production of the nuncupative will reduced to writing as required by §
100	99		32-1-106; and
101	100		(3) Affidavits of the two (2) witnesses to the declaration of the
102	101		nuncupative will attesting that the terms of the nuncupative will were accurately
103	102		reduced to writing by one (1) of the witnesses as required by § 32-1-106.
104	103		(c) The following is required to admit a holographic will to probate in common
105	104		form:
106	105		(1) A sworn petition containing the information required by § 30-1-117;
107	106		(2) Production of the document purporting to be the testator's holographic
108	107		testamentary document; and
109	108		(3) The in-person testimony of two (2) persons establishing that they are
110	109		familiar with the testator's handwriting. The testimony of the two (2) persons
111	110		must be supported by sworn affidavits of the testifying witnesses setting forth
112	111		their knowledge of the testator's handwriting.
113	112		(d) The following is required to admit a written will other than a holograph will to
114	113		probate in common form:
115	114		(1) A sworn petition containing the information required by § 30-1-117;
116	115		(2) Production of the document or documents purporting to be the
117	116		testator's testamentary document; and
118	117		(3) Either:
119	118		(A) The in-person testimony of two (2) persons who saw the
120	119		testator sign the testamentary document or documents; or
121	120		(B) Sworn affidavits of the two (2) witnesses attesting to the
122	121		testator's signature, to the facts of the signing of the document, and that
123	122
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127	126		the testator was eighteen (18) years of age or older and of sound mind
128	127		and disposing memory at the time the document was signed.
129	128		(e) The following is required to probate a nuncupative will or written will other
130	129		than a holographic will in solemn form, which may be the initial presentation of the
131	130		document for admission to probate or may follow a common form admission to probate:
132	131		(1) A sworn petition containing the information required by § 30-1-117;
133	132		(2) Notice issued by the clerk of the probate court to all heirs at law and
134	133		beneficiaries under any prior written will of the testator of the date that must be
135	134		no less than forty (40) calendar days from the date the sworn petition for probate
136	135		in solemn form is filed and time of the hearing before the appropriate court;
137	136		(3) Production of the document purporting to be the testator's
138	137		testamentary document; and
139	138		(4) The in-person testimony of each attesting witness, notary, or other
140	139		person present when the testator signed the alleged testamentary document to
141	140		the extent that such persons are available, locatable, and within the jurisdiction of
142	141		the court.
143	142		SECTION 8. This act takes effect upon becoming a law, the public welfare requiring it.