Tennessee § 30-2-409 - Proceeding by scire facias when debt sued on prior to deceased's death.
Full text of Tennessee Tennessee Code Annotated § 30-2-409 — Proceeding by scire facias when debt sued on prior to deceased's death., with citation guidance and answers to common questions.
§ 30-2-409. Proceeding by scire facias when debt sued on prior to deceased's death.
Where no person will administer on the estate of the deceased, any person who has commenced a suit against the deceased in the lifetime of the deceased may issue a scire facias against the deceased's heirs or devisees, for whom, in case they are minors, the court shall appoint a guardian ad litem for the purpose of defending the suit. On return of the scire facias made known to the guardian and heirs, or devisees, the plaintiff may prosecute the suit to judgment and execution against the real estate of the ancestor descended or devised to the heirs or devisees. Code 1858, § 2257 (deriv. Acts 1809 (Sept.), ch. 121, § 3); Shan., § 3990; Code 1932, § 8202; T.C.A. (orig. ed.), § 30-611. Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 709, 850, 857. Law Reviews. The Tennessee Recording System (Toxey H. Sewell), 50 Tenn. L. Rev. 1 (1982).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 30-2-409
What does Tennessee Code Annotated § 30-2-409 cover?
Section 30-2-409 ("Proceeding by scire facias when debt sued on prior to deceased's death.") 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 § 30-2-409?
A common citation format is "Tennessee Code Annotated § 30-2-409" (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 § 30-2-409 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.