§ 30-1-101 Letters testamentary or of administration required
§ 30-1-102 Jurisdiction to grant letters
§ 30-1-103 Nonresident decedents — Granting letters testamentary or of administration
§ 30-1-104 Service of process upon nonresident representative
§ 30-1-105 Recording of letters — Validity of certified copy
§ 30-1-106 Preference in granting of letters
§ 30-1-107 Appeal from grant of letters
§ 30-1-108 Administrator pendente lite
§ 30-1-109 Administrator ad litem
§ 30-1-110 Time within which administration may be granted
§ 30-1-111 Oath of representative
§ 30-1-112 Resignation of representative
§ 30-1-113 Estate turned over to new administrator — Inventory
§ 30-1-114 Transfer of administration to new county
§ 30-1-115 Administrator with will annexed — Powers and authority
§ 30-1-116 Appointment of nonresident personal representative
§ 30-1-117 Petition and documents required to be filed with application for letters
§ 30-1-150 Title definitions
§ 30-1-151 Procedure for removal

Terms Used In Tennessee Code > Title 30 > Chapter 1 > Part 1

  • ADS-operated vehicle: means a vehicle equipped with an automated driving system. See Tennessee Code 55-8-101
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agriculture: means :

    • (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105

    • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
    • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
    • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
    • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
    • Appraisal: A determination of property value.
    • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
    • Arrest: Taking physical custody of a person by lawful authority.
    • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
    • Bicycle: means every device propelled by human power upon which any person may ride, having two (2) tandem wheels, either of which is more than twenty inches (20?) in diameter. See Tennessee Code 55-8-101
    • Chambers: A judge's office.
    • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
    • Chauffeur: means every person who is employed by another for the principal purpose of driving a motor vehicle and every person who drives a school bus transporting school children or any motor vehicle when in use for the transportation of persons or property for compensation. See Tennessee Code 55-8-101
    • Chop shop: means any building, lot, or other premises where one (1) or more persons knew, or should have known, that they were engaged in altering, destroying, disassembling, dismantling, reassembling, or storing any motor vehicle or motor vehicle component part that was obtained by theft, or any other unlawful means to either:

      • (A) Alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate or remove the identity, including the vehicle identification number of the motor vehicle or motor vehicle component part, or to prevent the identification of the motor vehicle or motor vehicle component part. See Tennessee Code 55-5-202

      • Class II off-highway vehicle: means any off-highway vehicle that is designed to be primarily used for recreational purposes, that has a nonstraddle seating capable of holding at least two (2) but no more than four (4) passengers and a steering wheel, and that is commonly referred to as a sand buggy, dune buggy, rock crawler, or sand rail. See Tennessee Code 55-8-101
      • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
      • Collector: includes any person entrusted with the collection of public revenue. See Tennessee Code 1-3-105
      • collegiate license plate: means the class of cultural motor vehicle registration plates enumerated in §. See Tennessee Code 55-4-201
      • Commissioner: means the commissioner of revenue. See Tennessee Code 55-1-111
      • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
      • Contract: A legal written agreement that becomes binding when signed.
      • Conviction: A judgement of guilt against a criminal defendant.
      • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
      • County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
      • cultural license plate: includes collegiate plates and personalized plates unless those plates are specifically excluded from this definition by statute. See Tennessee Code 55-4-201
      • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
      • Dealer: means every person engaged in the business of buying, selling or exchanging vehicles of a type required to be registered and who has an established place of business for that purpose in this state. See Tennessee Code 55-8-101
      • Decedent: A deceased person.
      • Deed: The legal instrument used to transfer title in real property from one person to another.
      • Department: means the department of revenue. See Tennessee Code 55-1-111
      • Dependent: A person dependent for support upon another.
      • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
      • Donor: The person who makes a gift.
      • Driver: means :

        • (A) For purposes of a conventionally operated vehicle, every person who drives or is in actual physical control of a vehicle. See Tennessee Code 55-8-101

        • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
        • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
        • Established place of business: means the place actually occupied either continuously or at regular periods by a dealer or manufacturer where the books and records are kept and a large share of the business is transacted. See Tennessee Code 55-8-101
        • 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.
        • Executor: includes an administrator, where the subject matter applies to an administrator. See Tennessee Code 1-3-105
        • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
        • farm products: means forage and sod crops. See Tennessee Code 1-3-105
        • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
        • Felony: A crime carrying a penalty of more than a year in prison.
        • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
        • fleet: means one thousand (1,000) or more vehicles owned or long-term leased by a corporation or other legal entity and registered in the state pursuant to this part. See Tennessee Code 55-4-501
        • Flood vehicle: means any passenger motor vehicle which has sustained substantial water damage as determined by departmental rules and regulations. See Tennessee Code 55-3-201
        • Foreign vehicle: means every vehicle of a type required to be registered brought into this state from another state, territory or country other than in the ordinary course of business by or through a manufacturer or dealer and not registered in this state. See Tennessee Code 55-8-101
        • Fraud: Intentional deception resulting in injury to another.
        • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
        • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
        • Gross weight: means the weight of a vehicle without load plus the weight of any load thereon. See Tennessee Code 55-8-101
        • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
        • Highway: means the entire width between the boundary lines of every way when any part thereto is open to the use of the public for purposes of vehicular travel. See Tennessee Code 55-8-101
        • Implement of husbandry: means every vehicle that is designed for agricultural purposes and exclusively used by the owner thereof in the conduct of the owner's agricultural operations. See Tennessee Code 55-8-101
        • Intestate: Dying without leaving a will.
        • 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.
        • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
        • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
        • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
        • Lien: A claim against real or personal property in satisfaction of a debt.
        • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
        • Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
        • Manufacturer: means every person engaged in the business of constructing or assembling vehicles of a type required to be registered at an established place of business in this state. See Tennessee Code 55-8-101
        • Medium speed vehicle: means any four-wheeled electric or gasoline-powered vehicle, excluding golf carts, whose top speed is greater than thirty miles per hour (30 mph), but whose maximum speed allowed is thirty-five miles per hour (35 mph) only on streets with a forty mile per hour (40 mph) or less posted speed limit pursuant to §. See Tennessee Code 55-8-101
        • memorial license plate: means those motor vehicle registration plates, as enumerated in §. See Tennessee Code 55-4-201
        • Methamphetamine vehicle: means any motor vehicle subject to registration and certificate of title provisions that has been impounded by a law enforcement agency based on a charge of manufacture of methamphetamine on or within the vehicle and determined to be contaminated pursuant to the standards developed pursuant to title 68, chapter 212, part 5, and for which the department has received a notice of motor vehicle impoundment for manufacture of methamphetamine pursuant to §. See Tennessee Code 55-3-201
        • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
        • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
        • Month: means a calendar month. See Tennessee Code 1-3-105
        • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
        • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
        • Motor vehicle: means every vehicle, including a low speed vehicle or a medium speed vehicle that is self-propelled, excluding electric scooters, electric bicycles as defined in §. See Tennessee Code 55-8-101
        • Motor vehicle: includes every device in, upon, or by which any person or property may be transported or drawn upon a highway, that is self-propelled or which may be connected to and towed by a self-propelled device, and shall also include any and all devices which are self-propelled but are not designed for use upon a highway, including, but not limited to, farm machinery, construction equipment, and water craft. See Tennessee Code 55-5-202
        • Motor vehicle component part: includes any and all parts installed upon the "motor vehicle" including, but not limited to, engines, transmissions, vehicle bodies, chassis, doors, deck lids, front end clips (fenders and grill), seats, differentials, tires, wheels, steering wheels, air bags, automobile radios, automobile tape players, and bumpers. See Tennessee Code 55-5-202
        • Motorized bicycle: means a vehicle with two (2) or three (3) wheels, an automatic transmission, and a motor with a cylinder capacity not exceeding fifty cubic centimeters (50cc) which produces no more than two (2) brake horsepower and is capable of propelling the vehicle at a maximum design speed of no more than thirty miles per hour (30 mph) on level ground. See Tennessee Code 55-8-101
        • new specialty earmarked license plate: means a motor vehicle registration plate authorized by statute on or after July 1, 1998, which statute earmarks the funds produced from the sale of that plate to be allocated to a specific nonprofit organization or state agency or fund to fulfill a specific purpose or to accomplish a specific goal. See Tennessee Code 55-4-201
        • Nonrepairable vehicle: includes , but is not limited to, any passenger motor vehicle which has sustained salt water damage as a result of salt water entering the passenger compartment. See Tennessee Code 55-3-201
        • Nonrepairable vehicle certificate: means a passenger motor vehicle ownership document issued by the state to the owner of a nonrepairable vehicle. See Tennessee Code 55-3-201
        • Oath: includes affirmation. See Tennessee Code 1-3-105
        • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
        • Operator: means :

          • (A) For purposes of a conventionally operated vehicle, every person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Tennessee Code 55-8-101

          • Owner: means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof, with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter and chapter 10, parts 1-5 of this title. See Tennessee Code 55-8-101
          • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
          • Passenger motor vehicle: means any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads and highways that is ten (10) model years old or less, including a multipurpose passenger vehicle or light duty truck when that vehicle or truck is rated at not more than nine thousand pounds (9,000 lbs. See Tennessee Code 55-3-201
          • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
          • Person: means a natural person, firm, copartnership, association, corporation, or an engaged ADS. See Tennessee Code 55-8-101
          • Person: includes a natural person, company, corporation, unincorporated association, partnership, professional corporation, and any other legal entity. See Tennessee Code 55-5-202
          • 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
          • Plaintiff: The person who files the complaint in a civil lawsuit.
          • Platoon: means a group of individual motor vehicles that are traveling in a unified manner at electronically coordinated speeds. See Tennessee Code 55-8-101
          • Pole trailer: means every vehicle without motive power designed to be driven by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads, such as poles, pipes or structural members capable, generally, of sustaining themselves as beams between the supporting connections. See Tennessee Code 55-8-101
          • Police officer: means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. See Tennessee Code 55-8-101
          • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
          • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
          • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
          • Probate: Proving a will
          • Probate court: means the court having jurisdiction over the administration of the estates of decedents. See Tennessee Code 1-3-105
          • Property: includes both personal and real property. See Tennessee Code 1-3-105
          • real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
          • Rebuilt title: means the passenger motor vehicle ownership document issued by the state to the owner of a rebuilt vehicle. See Tennessee Code 55-3-201
          • Rebuilt vehicle: means any passenger motor vehicle which was previously issued a salvage title. See Tennessee Code 55-3-201
          • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
          • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
          • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
          • 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
          • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
          • Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
          • Roadway: means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. See Tennessee Code 55-8-101
          • Salvage title: means a passenger motor vehicle ownership document issued by the state to the owner of a salvage vehicle. See Tennessee Code 55-3-201
          • Salvage vehicle: means any passenger motor vehicle which has been wrecked, destroyed, or damaged to the extent that the total estimated or actual cost of parts and labor to rebuild or reconstruct the passenger motor vehicle to its pre-accident condition and for legal operation on the roads or highways exceeds seventy-five percent (75%) of the retail value of the passenger motor vehicle, as set forth in a current edition of any nationally recognized compilation (to include automated databases) of retail values. See Tennessee Code 55-3-201
          • Scrap metal processor: means any person who is engaged in the business of buying nonrepairable vehicles, automotive parts, or other metallic material by weight to process this material into scrap metal for remelting purposes. See Tennessee Code 55-3-201
          • Semitrailer: means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. See Tennessee Code 55-8-101
          • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
          • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
          • Special mobile equipment: means every vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including farm tractors, road construction or maintenance machinery, ditch-digging apparatus, well-boring apparatus and concrete mixers. See Tennessee Code 55-8-101
          • special purpose license plate: means all other motor vehicle registration plates issued pursuant to this part, including antique motor vehicle, dealer, disabled, emergency, firefighter pursuant to §. See Tennessee Code 55-4-201
          • specialty earmarked license plate: means a motor vehicle registration plate authorized by statute prior to July 1, 1998, and enumerated in §. See Tennessee Code 55-4-201
          • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
          • Statute: A law passed by a legislature.
          • Street: means the entire width between boundary lines of every way when any part thereof is open to the use of the public for purposes of vehicular travel. See Tennessee Code 55-8-101
          • Streetcar: means a car other than a railroad train for transporting persons or property and operated upon rails principally within a municipality. See Tennessee Code 55-8-101
          • Summons: Another word for subpoena used by the criminal justice system.
          • Testator: A male person who leaves a will at death.
          • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
          • Tractor: means any self-propelled vehicle designed or used as a traveling power plant or for drawing other vehicles, but having no provision for carrying loads independently. See Tennessee Code 55-8-101
          • Traffic: means pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel. See Tennessee Code 55-8-101
          • Trailer: means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. See Tennessee Code 55-8-101
          • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
          • Truck: means every motor vehicle designed, used or maintained primarily for the transportation of property. See Tennessee Code 55-8-101
          • Truck tractor: means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. See Tennessee Code 55-8-101
          • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
          • Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101
          • Vehicle identification number: means :

            • (A) A number or numbers, a letter or set of letters, a character or set of characters, a derivative or derivatives, or a combination thereof, used by the manufacturer for the purpose of uniquely identifying a motor vehicle or motor vehicle component part. See Tennessee Code 55-5-202

            • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
            • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105