State Codes and Statutes

Statutes > Tennessee > Title-30 > Chapter-2 > Part-3 > 30-2-313

30-2-313. Notice of filing claim Exceptions to claims Jury trials upon demand.

(a)  The clerk of the court, within five (5) days after the filing of a claim and its entry in the claim book as provided in § 30-2-312, shall give written notice to the personal representative and the attorney of record of the filing of the claim, by mailing each a true and correct copy of the claim.

(b)  A claim shall not become a final judgment against the estate until after the expiration of the exception period prescribed in § 30-2-314(a).

(c)  Should the claimant or the party excepting desire a trial by jury, it shall be demanded by that party in the first claim or exception filed. However, a claimant who has not demanded a jury in the claimant's claim may do so within five (5) days after receipt of notice of the filing of exceptions to the claimant's claim by filing a written demand for a jury with the probate court clerk.

[Acts 1939, ch. 175, § 2; 1947, ch. 137, § 2; 1947, ch. 213, § 1; C. Supp. 1950, § 8196.2; T.C.A. (orig. ed.), § 30-516; Acts 1985, ch. 140, § 15; 1989, ch. 395, §§ 5, 6.]  

State Codes and Statutes

Statutes > Tennessee > Title-30 > Chapter-2 > Part-3 > 30-2-313

30-2-313. Notice of filing claim Exceptions to claims Jury trials upon demand.

(a)  The clerk of the court, within five (5) days after the filing of a claim and its entry in the claim book as provided in § 30-2-312, shall give written notice to the personal representative and the attorney of record of the filing of the claim, by mailing each a true and correct copy of the claim.

(b)  A claim shall not become a final judgment against the estate until after the expiration of the exception period prescribed in § 30-2-314(a).

(c)  Should the claimant or the party excepting desire a trial by jury, it shall be demanded by that party in the first claim or exception filed. However, a claimant who has not demanded a jury in the claimant's claim may do so within five (5) days after receipt of notice of the filing of exceptions to the claimant's claim by filing a written demand for a jury with the probate court clerk.

[Acts 1939, ch. 175, § 2; 1947, ch. 137, § 2; 1947, ch. 213, § 1; C. Supp. 1950, § 8196.2; T.C.A. (orig. ed.), § 30-516; Acts 1985, ch. 140, § 15; 1989, ch. 395, §§ 5, 6.]  


State Codes and Statutes

State Codes and Statutes

Statutes > Tennessee > Title-30 > Chapter-2 > Part-3 > 30-2-313

30-2-313. Notice of filing claim Exceptions to claims Jury trials upon demand.

(a)  The clerk of the court, within five (5) days after the filing of a claim and its entry in the claim book as provided in § 30-2-312, shall give written notice to the personal representative and the attorney of record of the filing of the claim, by mailing each a true and correct copy of the claim.

(b)  A claim shall not become a final judgment against the estate until after the expiration of the exception period prescribed in § 30-2-314(a).

(c)  Should the claimant or the party excepting desire a trial by jury, it shall be demanded by that party in the first claim or exception filed. However, a claimant who has not demanded a jury in the claimant's claim may do so within five (5) days after receipt of notice of the filing of exceptions to the claimant's claim by filing a written demand for a jury with the probate court clerk.

[Acts 1939, ch. 175, § 2; 1947, ch. 137, § 2; 1947, ch. 213, § 1; C. Supp. 1950, § 8196.2; T.C.A. (orig. ed.), § 30-516; Acts 1985, ch. 140, § 15; 1989, ch. 395, §§ 5, 6.]