Clerk’s Failure to Send Notice to Personal Representative Pursuant to Tenn. Code Ann. § 30-2-313(a) Did Not Render Estate’s Exception Untimely

Ms. Bernice Y. Hill (the “Decedent”) died on February 3, 2016.  The Decedent’s Last Will and Testament was admitted to probate on July 18, 2016.  Publication to creditors occurred on August 10, 2016 and August 17, 2016.  A creditor filed a claim in the amount of $181,486.52 against the Estate on July 24, 2016.  The probate clerk did not send a Notice of the claim to the Personal Representative of the Decedent’s Estate.  The clerk is required to mail the Personal Representative a copy of the claim pursuant to Tenn. Code Ann. § 30-2-313(a).  Pursuant to Tenn. Code Ann. § 30-2-314(a)(1), the Estate is required to file an exception to a claim no later than thirty (30) days after the deadline for filing the claim expires.  The Estate did not file an exception to the claim until March 9, 2017.

The Court of Appeals held that because the clerk failed to send out the notice, the estate’s exception was not untimely.

In re Estate of Bernice Hill, No. W2017-02131-COA-R3-CV, Tenn. Ct. App. Dec. 14, 2018.


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