Tennessee § 20-5-108 - Continuation of decedent's action.
Full text of Tennessee Tennessee Code Annotated § 20-5-108 — Continuation of decedent's action., with citation guidance and answers to common questions.
§ 20-5-108. Continuation of decedent's action.
If the deceased had commenced an action before the deceased's death, it shall proceed without necessity of revivor. The damages shall go to the surviving spouse and next of kin free from the claims of creditors. Code 1858, § 2293; Shan., § 4028; mod. Code 1932, § 8238; Acts 1975, ch. 284, § 3; T.C.A. (orig. ed.), § 20-609. Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 151, 638. Tennessee Jurisprudence, 2 Tenn. Juris., Appeal and Error, § 31. Law Reviews. Some Order Out of Chaos in Wrongful Death Law (T. A. Smedley), 37 Vand. L. Rev. 273 (1984). Cited: Stanford v. Holloway, 25 Tenn. App. 379, 157 S.W.2d 864, 1941 Tenn. App. LEXIS 120 (Tenn. Ct. App. 1941); Memphis S. R. Co. v. Cooper, 203 Tenn. 425, 313 S.W.2d 444, 1958 Tenn. LEXIS 321 (1958); Johnson v. Metropolitan Government of Nashville & Davidson County, 665 S.W.2d 717, 1984 Tenn. LEXIS 745 (Tenn. 1984).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 20-5-108
What does Tennessee Code Annotated § 20-5-108 cover?
Section 20-5-108 ("Continuation of decedent's action.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 20-5-108?
A common citation format is "Tennessee Code Annotated § 20-5-108" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 20-5-108 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.