(a) Every person indebted to the decedent‘s estate, having possession of any personal property belonging to the estate, or acting as registrar or transfer agent of any shares of stock, bonds, notes, or other evidence of ownership, indebtedness, or right belonging to the decedent’s estate must be furnished with a copy of the affidavit by the affiant, duly certified by the clerk of the court. Upon receipt of the copy of affidavit and demand of the affiant, each person furnished with a copy of the affidavit under this subsection (a) shall pay, transfer, and deliver to affiant:

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Terms Used In Tennessee Code 30-4-104

  • Affiant: means the person executing the affidavit provided for in §. See Tennessee Code 30-4-102
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Court: means the court then exercising probate jurisdiction in the county in which the decedent had legal residence on the date of death. See Tennessee Code 30-4-102
  • Decedent: A deceased person.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means an individual, partnership, firm, business trust, corporation or other legal entity, and includes both singular and plural and masculine and feminine, as appropriate. See Tennessee Code 30-4-102
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
  • Personal representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Probate: Proving a will
  • Property: means personal property, or any interest in personal property, owned by the decedent on the date of death, other than personal property held as tenants by the entirety or jointly with right of survivorship or personal property payable to a beneficiary other than the decedent's estate. See Tennessee Code 30-4-102
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Small estate: means the estate of a decedent in which the value of the property does not exceed fifty thousand dollars ($50,000). See Tennessee Code 30-4-102
(1) All indebtedness owing by the recipient; and
(2) Other property in possession of or subject to registration or transfer by the recipient.
(b) A person making payment, transfer, or delivery of personal property belonging to a decedent’s estate to the affiant pursuant to this chapter is released and discharged from all further liability to the estate and its creditors to the same extent as if the payment, transfer, or delivery were made to the duly appointed, qualified, and acting personal representative of the decedent. The person making the payment, transfer, or delivery shall not be required to see to its application or to inquire into the truth or completeness of any statement in the affidavit.
(c) The decedent’s personal property shall be distributed to the decedent’s heirs as provided by law. The person to whom payment, transfer, or delivery of any personal property is made by the affiant shall be liable and remain liable, to the extent of the value of the personal property received, to unpaid creditors of the decedent, to anyone who had a prior right to the decedent’s personal property, or to any personal representative of the decedent thereafter appointed. If distribution is made prior to payment of all medical assistance owed to TennCare under § 71-5-116, both the affiant and the person to whom payment, transfer, or delivery is made by the affiant shall be liable to TennCare and remain liable, to the extent of the value of the personal property received.
(d) If any person having possession of any of the decedent’s personal property, upon receipt of a copy of the affidavit certified by the clerk, refuses to pay, transfer, or deliver the personal property to or at the direction of the affiant:

(1) The personal property may be recovered; or
(2)

(A) Transfer and delivery of the personal property may be compelled in an action brought in any court of competent jurisdiction for that purpose upon proof of the facts required to be stated in the affidavit; and
(B) Costs of the proceeding must be adjudged against the person wrongfully refusing to pay, transfer, or deliver the personal property.
(e) If during the administration of the small estate affidavit limited letter of authority, the affiant or a creditor of the decedent discovers additional assets that exceed the statutory small estate limitation, then the court may allow the small estate affidavit to be converted into probate administration by application of a verified petition pursuant to § 30-1-117 by the affiant or a creditor of the decedent to the court. The affiant is liable for the assets which may have been disposed of under the small estate affidavit limited letter of authority prior to the conversion.
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