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Tennessee Statutes, Title 31

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Tennessee/Statutes

← All Tennessee coverage

Title 31, Descent And Distribution

7 chapters · 71 sections in this title.

All chapters in Title 3171 Ch 6, Escheat of Decedents' Estates19 Ch 7, Tennessee Disclaimer of Property Int…17 Ch 2, Intestate Succession9 Ch 3, Uniform Simultaneous Death Act8 Ch 1, General Provisions7 Ch 4, Elective Share of Surviving Spouse6 Ch 5, Advancements5

19 sections·Filtered byTitle 31✕Ch 6✕

Tenn. Code Ann. § 31-6-101 Escheat generally
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(a) If a decedent, whether or not domiciled in this state, leaves no one to take the decedent's estate or any portion of the estate by the decedent's will and no one other than a government or governmental subdivision or agency to take the decedent's estate or a portion of the es…
Tenn. Code Ann. § 31-6-102 Escheat of real property
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Real property located in this state escheats to this state in accordance with § 31-6-101.
Tenn. Code Ann. § 31-6-103 Escheat of tangible personal property customarily kept in this state
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All tangible personal property owned by the decedent, wherever located at the decedent's death, that was customarily kept in this state prior to the decedent's death, escheats to this state in accordance with § 31-6-101.
Tenn. Code Ann. § 31-6-104 Escheat of tangible personal property subject to administration in this state
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(a) Subject to subsection (b), all tangible personal property owned by a decedent that is subject to the control of a court of this state for the purposes of administration escheats to this state in accordance with § 31-6-101. (b) Property that otherwise falls within subsection (…

Tenn. Code Ann. § 31-6-105 Escheat of intangible personal property of decedent domiciled in this state

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All intangible property owned by a decedent escheats to this state in accordance with § 31-6-101 if the decedent was domiciled in this state at the time of the decedent's death.

Tenn. Code Ann. § 31-6-106 Escheat of intangible personal property subject to administration in this state

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(a) Subject to subsection (b), all intangible property owned by a decedent that is subject to the control of a court of this state for purposes of administration escheats to this state in accordance with § 31-6-101, whether or not the decedent was domiciled in this state at the d…

Tenn. Code Ann. § 31-6-107 Reports concerning property that may be subject to escheat

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(a) All administrators, executors, trustees, guardians, or other fiduciaries having in their custody or control property that may be subject to escheat pursuant to this chapter shall promptly, after obtaining knowledge as to facts indicating the possibility of the escheat of any …

Tenn. Code Ann. § 31-6-108 Surrender and retention of property subject to escheat

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(a) Any person having custody of or control over property subject to escheat under this chapter may be fully released from any responsibility or liability with respect thereto by surrendering or delivering same to the state treasurer and formally disclaiming any interest therein.…

Tenn. Code Ann. § 31-6-109 Suit involving escheat property — Duties of state treasurer and attorney general and reporter

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(a) Following notice to the state treasurer that a suit involving escheat property has been commenced, the state treasurer shall notify the attorney general and reporter of the action and together they shall determine what action, if any, shall be taken by the attorney general an…

Tenn. Code Ann. § 31-6-111 Intervention

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(a) Any person, except another state, who claims an interest in any property that is the subject of an escheat proceeding under this chapter may intervene by filing a petition in that proceeding, setting forth the basis of the person's claim, which petitions shall be disposed of …

Tenn. Code Ann. § 31-6-112 Determination of title

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In any escheat proceeding where the court determines that the property has not escheated to this state, the court shall determine what person or persons is or are entitled to the property or its proceeds.

Tenn. Code Ann. § 31-6-113 Sale pending determination

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In any escheat proceeding where the court determines a sale of the property prior to the final determination of the case to be advisable in order to protect the true owner from loss and to realize the maximum proceeds following notice to the treasurer by the representative of the…

Tenn. Code Ann. § 31-6-114 Joinder of treasurer in case that may involve property subject to escheat

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(a) In any case in any court of this state involving the title to any property, including, but not limited to, proceedings involving the validity or construction of wills, where it appears that the property may be subject to escheat under this chapter, the state treasurer shall b…

Tenn. Code Ann. § 31-6-115 Proceedings in other states

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(a) In any case where it appears to the treasurer that property that is not subject to the jurisdiction of courts of this state has escheated to this state under this chapter and the other state provides a remedy to this state for the establishment of the rights of this state to …

Tenn. Code Ann. § 31-6-116 Disposition of escheated property

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All escheated property delivered to the state treasurer under this chapter shall be held and disposed of in the same manner and together with other interest bearing property reported to the state treasurer under title 66, chapter 29, part 1.

Tenn. Code Ann. § 31-6-119 Claims for property of decedent

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Any person claiming to be entitled to the property of any decedent may file a claim thereto with the treasurer in accordance with title 66, chapter 29, part 1, governing the disposition of unclaimed property.

Tenn. Code Ann. § 31-6-120 Rules and regulations

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The treasurer is authorized to make necessary rules and regulations to carry out this chapter.

Tenn. Code Ann. § 31-6-121 Excepted property

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This chapter shall not apply to any property that has been presumed abandoned or has escheated under the laws of another state prior to January 1, 1980.

Tenn. Code Ann. § 31-6-122 Right of appeal

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All parties to any suit instituted under this chapter shall have the right to appeal in the manner provided by the Tennessee Rules of Appellate Procedure.