Tennessee § 30-2-410 - Proceeding by scire facias when personalty exhausted or insufficient.
Full text of Tennessee Tennessee Code Annotated § 30-2-410 — Proceeding by scire facias when personalty exhausted or insufficient., with citation guidance and answers to common questions.
§ 30-2-410. Proceeding by scire facias when personalty exhausted or insufficient.
Where, in a suit against an executor or administrator, the plea of “fully administered,” “no assets,” or “not sufficient assets to satisfy the plaintiff's demand,” is found in favor of an executor or administrator, the plaintiff may proceed to ascertainment of the plaintiff's demand, and entry of judgment; but before taking out execution against the real estate of the deceased debtor, the heirs or devisees of the deceased debtor shall be summoned by scire facias to show cause why execution should not be issued against the real estate for the amount of the judgment, or so much of it as there may not be personal assets to discharge. Code 1858, §§ 2258, 2259 (deriv. Acts 1784 (Oct.), ch. 11, § 2); Shan., §§ 3991, 3992; Code 1932, §§ 8203, 8204; modified; T.C.A. (orig. ed.), § 30-612. Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 744, 849, 850, 858-860.
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 30-2-410
What does Tennessee Code Annotated § 30-2-410 cover?
Section 30-2-410 ("Proceeding by scire facias when personalty exhausted or insufficient.") 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 § 30-2-410?
A common citation format is "Tennessee Code Annotated § 30-2-410" (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 § 30-2-410 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.