Amends TCA Title 30, Chapter 4.
This bill makes changes to the Small Estate Affidavit Limited Letter of Authority Act ("the Act"), as described below.<br /> <br /> AFFIDAVIT<br /> <br /> Under present law, whenever a decedent leaves a small estate, in addition to other requirements, the estate may be administered after the expiration of 45 days from the date of the decedent's death, as evidenced by the death certificate, as long as a petition for the appointment of a personal representative of the decedent has not been filed in that period of time, and the decedent's estate, one or more of the decedent's competent adult heirs or next of kin, or any creditor proving the creditor's debt on oath before the court must file with the court clerk an affidavit, along with a copy of the death certificate, that sets forth the following:<br /> <br /> (1) That the decedent left no will requiring administration by the court having probate jurisdiction in the county where the decedent was domiciled;<br /> <br /> (2) That the decedent had no interest in real property;<br /> <br /> (3) An itemized description and the value of all the decedent's personal property, the names and addresses of all persons known to have possession of any of the decedent's personal property, including all insurance on the decedent's life payable to the decedent's estate;<br /> <br /> (4) A list of unpaid debts left by the decedent and the name and address of each creditor and the amount due to that creditor; and<br /> <br /> (5) The name, address, relationship, and age, if a minor, of each heir entitled to receive any of the decedent's personal property, all of whom the affiant must notify of the filing of the affidavit by mailing a copy to their last known address, postage prepaid.<br /> <br /> This bill removes (1) and changes (2) such that the affidavit must set forth that the decedent had no interest in real property that did not pass by operation of law.<br /> <br /> Additionally, present law requires the court to receive and file the original affidavit as a part of the court's permanent records, to assign it a number, and to index it as other estates are indexed. Present law requires the clerk to deliver one certified copy of the affidavit to the affiant onto which is affixed a clerk's stamp and seal certifying that the affidavit has been filed in the office of the probate court. Present law authorizes additional certified copies of the affidavit to be requested by the affiant at the time of filing the affidavit or any time prior to the affiant's discharge from liability as provided in (4) below. Present law also authorizes an affidavit to be amended to the extent that the aggregate amount does not exceed the statutory small estate limitation.<br /> <br /> This bill adds that, in addition to delivering a certified copy of the affidavit, the clerk must issue a small estate letter testamentary or a small estate letter of administration to the affiant.<br /> <br /> BONDS<br /> <br /> Present law provides that whenever a decedent leaves a small estate, in addition to other requirements, the estate may be administered in the following manner:<br /> <br /> (1) A competent adult who is not an heir or next of kin of the deceased is allowed to file for a small estate limited letter of authority by the court if all competent adult heirs or next of kin consent in writing to the filing of the affidavit; and the person who is filing the affidavit pursuant to the Act complies with the Act, including the bond provisions in (4) below;<br /> <br /> (2) The affiant must make bond payable to the state for the benefit of those entitled with a corporate surety. The amount of the bond must equal the value of the decedent's estate to be administered under the Act. However, bond is not required of the affiant if the affiant or affiants are the sole heirs of the decedent or if all adult heirs consent in writing;<br /> <br /> (3) Formal letters testamentary or letters of administration must not be issued nor any creditor be allowed to file a claim in a small estate proceeding; and<br /> <br /> (4) The affiant and the surety on the affiant's bond may be discharged from liability under the bond as follows:<br /> <br /> (A) The court may enter an order discharging the affiant and the surety on the affiant's bond after the affiant files, for a decedent dying before January 1, 2016, either the tax receipt issued or the certificate issued pursuant to provisions for inheritance tax; or<br /> <br /> (B) The affiant and the surety on the affiant's bond may wait until the first anniversary of the filing of the affidavit when the court is required to automatically discharge them from liability. Present law requires the small estate affidavit limited letter of authority to remain open and active until the first anniversary to allow for amendments or conversions to the original affidavit limited letter of authority.<br /> <br /> This bill changes (1) to clarify that the person who is filing the affidavit must comply with the bond provisions in both (2) and (4). This bill changes (2) such that the affiant must make the bond payable to the court clerk with the estate named as the beneficiary, instead of making the bond payable to the state. Further, this bill deletes (3) and provides, instead, that a creditor is prohibited from filing a claim in a small estate proceeding.<br /> <br /> LIABILITY<br /> <br /> Present law requires the decedent's personal property to be distributed to the decedent's heirs as provided by law. Present law requires the person to whom payment, transfer, or delivery of any personal property is made by the affiant to be liable and remain liable, to the extent of the value of the personal property received, to unpaid creditors of the decedent, to anyone who had a prior right to the decedent's personal property, or to any personal representative of the decedent thereafter appointed. Under present law, if distribution is made prior to payment of all medical assistance owed to TennCare under the Medical Assistance Act, then both the affiant and the person to whom payment, transfer, or delivery is made by the affiant are liable to TennCare and remain liable, to the extent of the value of the personal property received.<br /> <br /> This bill rewrites the second sentence of the above provision so that the person to whom payment, transfer, or delivery of any personal property is made by the affiant is liable and remains liable up to one year from the date of payment, transfer, or delivery, to the extent of the value of the personal property received, to unpaid creditors of the decedent, to anyone who had a prior right to the decedent's personal property, or to any personal representative of the decedent thereafter appointed.<br /> <br /> Under present law, if during the administration of the small estate affidavit limited letter of authority, the affiant or a creditor of the decedent discovers additional assets that exceed the statutory small estate limitation, then present law authorizes the court to allow the small estate affidavit to be converted into probate administration by application of a verified petition pursuant to provisions for executors and administrators, by the affiant or a creditor of the decedent to the court. Present law further provides that the affiant is liable for the assets which may have been disposed of under the small estate affidavit limited letter of authority prior to the conversion. This bill changes the prior sentence such that the affiant is liable for the assets that may have been disposed of under the small estate affidavit limited letter of authority prior to the conversion up to one year from the date of disposal of the assets.<br /> <br /> ON MARCH 16, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 337, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to delete The Small Estate Affidavit Limited Letter of Authority Act, and enact The Small Estate Probate Act, as described below.<br /> <br /> ADMINISTRATION OF SMALL ESTATE<br /> <br /> This amendment provides that whenever a decedent leaves a probate estate with a value of not more than $50,000 ("small estate"), it may be administered in the following manner:<br /> <br /> (1) After the expiration of 45 days from the date of the decedent's death, as evidenced by a copy of the decedent's death certificate, as long as no petition for the appointment of a personal representative of the decedent's estate has been filed in that period of time for the decedent's estate, either:<br /> <br /> (A) One or more of the decedent's competent adult heirs must file a petition for the issuance of limited letters of administration of a small estate; or<br /> <br /> (B) If the decedent died testate and it is determined that distribution of the small estate pursuant to the decedent's will is different than distribution by intestate distribution, and it is desired that the small estate be distributed according to the decedent's will, then the person named as the personal representative in the decedent's will must either:<br /> <br /> (i) File a petition for the probate of the decedent's will as a muniment of title to the property of the decedent and for the issuance of limited letters testamentary of a small estate; or<br /> <br /> (ii) File the original of the decedent's will together with affidavits of the attesting witnesses or the affidavits of the two disinterested persons attesting to the decedent's handwriting, if the decedent's will is holographic, with the clerk who must record the will and affidavits. The recording of the decedent's will and accompanying affidavits is deemed sufficient to probate the decedent's will for the purposes of this amendment;<br /> <br /> (2) To apply for limited letters of administration of a small estate or for limited letters testamentary of a small estate, the person seeking the limited letters must file a sworn petition with the court containing the information set forth in present law provisions governing the administration of estates. The petition must include an itemized list of the property of the decedent to which the limited letters are to apply, the value of each item of property, the identity of each creditor of the decedent, and the amount owing to each identified creditor;<br /> <br /> (3) Regardless of the language of the decedent's will waiving bond, the petitioner for the limited letters must make the bond payable to the clerk of the court for the benefit of those entitled with a corporate surety. The amount of the bond must be equal to the value of the decedent's property to be administered under this amendment. However, bond is not required of the petitioner if:<br /> <br /> (A) The petitioner or petitioners are the sole heirs of the intestate decedent;<br /> <br /> (B) The petitioner or petitioners are the sole beneficiaries of the testate decedent; or<br /> <br /> (C) All the adult heirs and beneficiaries consent in writing; <br /> <br /> (4) The clerk must charge and receive such fees for processing a petition for the issuance of limited letters of administration of a small estate or limited letters testamentary of a small estate as provided by law;<br /> <br /> (5) Upon posting the required bond, unless waived as set forth in (3), the clerk must issue limited letters of administration of a small estate or limited letters testamentary of a small estate, as appropriate, on the form provided in the full text of this amendment;<br /> <br /> (6) A notice to creditors must not be published, and a creditor is not permitted to file a claim in a small estate probate;<br /> <br /> (7) The personal representative and the surety on the personal representative's bond may be discharged from liability under the bond as follows:<br /> <br /> (A) The court may enter an order discharging the personal representative and the surety on the personal representative's bond after the personal representative files, for a decedent dying before January 1, 2016, either the tax receipt issued, or the certificate or assessment issued pursuant to present law provisions governing inheritance tax administration; or<br /> <br /> (B) The personal representative and the surety on the personal representative's bond may wait until the first anniversary of the issuance of the limited letters when the court must automatically discharge them from liability. The limited letters must remain open and active until the first anniversary of the issuance of the limited letters; and<br /> <br /> (8) Upon good cause shown, the court may waive the requirement to wait 45 days before filing a petition for limited letters.<br /> <br /> LIABILITY<br /> <br /> This amendment provides the following:<br /> <br /> (1) Each person indebted to the decedent's estate, having possession of any property belonging to the estate, or acting as registrar or transfer agent of any shares of stocks, bonds, notes, or other evidence of ownership, indebtedness, or right belonging to the decedent's estate must be furnished with a copy of the limited letters of administration of a small estate or limited letters testamentary of a small estate by the personal representative, duly certified by the clerk of the court;<br /> <br /> (2) Upon receipt of a copy of the limited letters of administration of a small estate or limited letters testamentary of a small estate and demand by the personal representative, each person furnished a copy of the limited letters under (1) above must pay, transfer, and deliver to the personal representative all indebtedness owing by the recipient; and other property in possession of, or subject to, registration or transfer by the recipient;<br /> <br /> (3) A person making payment, transfer, or delivery of property belonging to a decedent's estate to the personal representative pursuant to this amendment is released and discharged from all further liability to the estate and its creditors to the same extent as if the payment, transfer, or delivery were made to the duly appointed, qualified, and acting personal representative of the decedent. The person making the payment, transfer, or delivery is not required to see to its application;<br /> <br /> (4) The decedent's property must be distributed either to the decedent's heirs as provided by law or, if there is a will, in accordance with the terms of the decedent's will admitted to probate as a muniment of title or filed with the clerk as provided in this amendment;<br /> <br /> (5) The person to whom payment, transfer, or delivery of any property of the decedent is made by the personal representative must be liable and remain liable up to one year from the date of payment, transfer, or delivery, to the extent of the value of the property received, to unpaid creditors of the decedent, to anyone who had a prior right to the decedent's property, or to any personal representative of the decedent thereafter appointed. If distribution is made prior to payment of all medical assistance owed to TennCare, then both the personal representative and the person to whom payment, transfer, or delivery is made by the personal representative must be liable to TennCare and remain liable, to the extent of the value of the property received;<br /> <br /> (6) If a person having possession of any of the decedent's property, upon receipt of a copy of the limited letters issued by the clerk, refuses to pay, transfer, or deliver the property to, or at the direction of, the personal representative, then:<br /> <br /> (A) The property may be recovered; or<br /> <br /> (B) Transfer and delivery of the property may be compelled in an action brought in a court of competent jurisdiction for that purpose upon proof of the facts required to be stated in the petition, and the costs of the proceeding must be adjudged against the person wrongfully refusing to pay, transfer, or deliver the property; and<br /> <br /> (7) If, during the administration of the small estate pursuant to the limited letters, the personal representative or a creditor of the decedent discovers additional assets that exceed the statutory small estate limitation, then the court is authorized to allow the small estate administration to be converted into probate administration by application of a verified petition to the court by the personal representative of the small estate or a creditor of the decedent. The personal representative of the small estate, if the property of the decedent has not been paid, transferred, or delivered, or the person or persons to whom the property of the decedent has been paid, transferred, or delivered, is liable for the assets that have been paid, transferred, or delivered prior to the conversion<br />
This bill makes changes to the Small Estate Affidavit Limited Letter of Authority Act ("the Act"), as described below.<br /> <br /> AFFIDAVIT<br /> <br /> Under present law, whenever a decedent leaves a small estate, in addition to other requirements, the estate may be administered after the expiration of 45 days from the date of the decedent's death, as evidenced by the death certificate, as long as a petition for the appointment of a personal representative of the decedent has not been filed in that period of time, and the decedent's estate, one or more of the decedent's competent adult heirs or next of kin, or any creditor proving the creditor's debt on oath before the court must file with the court clerk an affidavit, along with a copy of the death certificate, that sets forth the following:<br /> <br /> (1) That the decedent left no will requiring administration by the court having probate jurisdiction in the county where the decedent was domiciled;<br /> <br /> (2) That the decedent had no interest in real property;<br /> <br /> (3) An itemized description and the value of all the decedent's personal property, the names and addresses of all persons known to have possession of any of the decedent's personal property, including all insurance on the decedent's life payable to the decedent's estate;<br /> <br /> (4) A list of unpaid debts left by the decedent and the name and address of each creditor and the amount due to that creditor; and<br /> <br /> (5) The name, address, relationship, and age, if a minor, of each heir entitled to receive any of the decedent's personal property, all of whom the affiant must notify of the filing of the affidavit by mailing a copy to their last known address, postage prepaid.<br /> <br /> This bill removes (1) and changes (2) such that the affidavit must set forth that the decedent had no interest in real property that did not pass by operation of law.<br /> <br /> Additionally, present law requires the court to receive and file the original affidavit as a part of the court's permanent records, to assign it a number, and to index it as other estates are indexed. Present law requires the clerk to deliver one certified copy of the affidavit to the affiant onto which is affixed a clerk's stamp and seal certifying that the affidavit has been filed in the office of the probate court. Present law authorizes additional certified copies of the affidavit to be requested by the affiant at the time of filing the affidavit or any time prior to the affiant's discharge from liability as provided in (4) below. Present law also authorizes an affidavit to be amended to the extent that the aggregate amount does not exceed the statutory small estate limitation.<br /> <br /> This bill adds that, in addition to delivering a certified copy of the affidavit, the clerk must issue a small estate letter testamentary or a small estate letter of administration to the affiant.<br /> <br /> BONDS<br /> <br /> Present law provides that whenever a decedent leaves a small estate, in addition to other requirements, the estate may be administered in the following manner:<br /> <br /> (1) A competent adult who is not an heir or next of kin of the deceased is allowed to file for a small estate limited letter of authority by the court if all competent adult heirs or next of kin consent in writing to the filing of the affidavit; and the person who is filing the affidavit pursuant to the Act complies with the Act, including the bond provisions in (4) below;<br /> <br /> (2) The affiant must make bond payable to the state for the benefit of those entitled with a corporate surety. The amount of the bond must equal the value of the decedent's estate to be administered under the Act. However, bond is not required of the affiant if the affiant or affiants are the sole heirs of the decedent or if all adult heirs consent in writing;<br /> <br /> (3) Formal letters testamentary or letters of administration must not be issued nor any creditor be allowed to file a claim in a small estate proceeding; and<br /> <br /> (4) The affiant and the surety on the affiant's bond may be discharged from liability under the bond as follows:<br /> <br /> (A) The court may enter an order discharging the affiant and the surety on the affiant's bond after the affiant files, for a decedent dying before January 1, 2016, either the tax receipt issued or the certificate issued pursuant to provisions for inheritance tax; or<br /> <br /> (B) The affiant and the surety on the affiant's bond may wait until the first anniversary of the filing of the affidavit when the court is required to automatically discharge them from liability. Present law requires the small estate affidavit limited letter of authority to remain open and active until the first anniversary to allow for amendments or conversions to the original affidavit limited letter of authority.<br /> <br /> This bill changes (1) to clarify that the person who is filing the affidavit must comply with the bond provisions in both (2) and (4). This bill changes (2) such that the affiant must make the bond payable to the court clerk with the estate named as the beneficiary, instead of making the bond payable to the state. Further, this bill deletes (3) and provides, instead, that a creditor is prohibited from filing a claim in a small estate proceeding.<br /> <br /> LIABILITY<br /> <br /> Present law requires the decedent's personal property to be distributed to the decedent's heirs as provided by law. Present law requires the person to whom payment, transfer, or delivery of any personal property is made by the affiant to be liable and remain liable, to the extent of the value of the personal property received, to unpaid creditors of the decedent, to anyone who had a prior right to the decedent's personal property, or to any personal representative of the decedent thereafter appointed. Under present law, if distribution is made prior to payment of all medical assistance owed to TennCare under the Medical Assistance Act, then both the affiant and the person to whom payment, transfer, or delivery is made by the affiant are liable to TennCare and remain liable, to the extent of the value of the personal property received.<br /> <br /> This bill rewrites the second sentence of the above provision so that the person to whom payment, transfer, or delivery of any personal property is made by the affiant is liable and remains liable up to one year from the date of payment, transfer, or delivery, to the extent of the value of the personal property received, to unpaid creditors of the decedent, to anyone who had a prior right to the decedent's personal property, or to any personal representative of the decedent thereafter appointed.<br /> <br /> Under present law, if during the administration of the small estate affidavit limited letter of authority, the affiant or a creditor of the decedent discovers additional assets that exceed the statutory small estate limitation, then present law authorizes the court to allow the small estate affidavit to be converted into probate administration by application of a verified petition pursuant to provisions for executors and administrators, by the affiant or a creditor of the decedent to the court. Present law further provides that the affiant is liable for the assets which may have been disposed of under the small estate affidavit limited letter of authority prior to the conversion. This bill changes the prior sentence such that the affiant is liable for the assets that may have been disposed of under the small estate affidavit limited letter of authority prior to the conversion up to one year from the date of disposal of the assets.<br /> <br /> ON MARCH 16, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 337, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to delete The Small Estate Affidavit Limited Letter of Authority Act, and enact The Small Estate Probate Act, as described below.<br /> <br /> ADMINISTRATION OF SMALL ESTATE<br /> <br /> This amendment provides that whenever a decedent leaves a probate estate with a value of not more than $50,000 ("small estate"), it may be administered in the following manner:<br /> <br /> (1) After the expiration of 45 days from the date of the decedent's death, as evidenced by a copy of the decedent's death certificate, as long as no petition for the appointment of a personal representative of the decedent's estate has been filed in that period of time for the decedent's estate, either:<br /> <br /> (A) One or more of the decedent's competent adult heirs must file a petition for the issuance of limited letters of administration of a small estate; or<br /> <br /> (B) If the decedent died testate and it is determined that distribution of the small estate pursuant to the decedent's will is different than distribution by intestate distribution, and it is desired that the small estate be distributed according to the decedent's will, then the person named as the personal representative in the decedent's will must either:<br /> <br /> (i) File a petition for the probate of the decedent's will as a muniment of title to the property of the decedent and for the issuance of limited letters testamentary of a small estate; or<br /> <br /> (ii) File the original of the decedent's will together with affidavits of the attesting witnesses or the affidavits of the two disinterested persons attesting to the decedent's handwriting, if the decedent's will is holographic, with the clerk who must record the will and affidavits. The recording of the decedent's will and accompanying affidavits is deemed sufficient to probate the decedent's will for the purposes of this amendment;<br /> <br /> (2) To apply for limited letters of administration of a small estate or for limited letters testamentary of a small estate, the person seeking the limited letters must file a sworn petition with the court containing the information set forth in present law provisions governing the administration of estates. The petition must include an itemized list of the property of the decedent to which the limited letters are to apply, the value of each item of property, the identity of each creditor of the decedent, and the amount owing to each identified creditor;<br /> <br /> (3) Regardless of the language of the decedent's will waiving bond, the petitioner for the limited letters must make the bond payable to the clerk of the court for the benefit of those entitled with a corporate surety. The amount of the bond must be equal to the value of the decedent's property to be administered under this amendment. However, bond is not required of the petitioner if:<br /> <br /> (A) The petitioner or petitioners are the sole heirs of the intestate decedent;<br /> <br /> (B) The petitioner or petitioners are the sole beneficiaries of the testate decedent; or<br /> <br /> (C) All the adult heirs and beneficiaries consent in writing; <br /> <br /> (4) The clerk must charge and receive such fees for processing a petition for the issuance of limited letters of administration of a small estate or limited letters testamentary of a small estate as provided by law;<br /> <br /> (5) Upon posting the required bond, unless waived as set forth in (3), the clerk must issue limited letters of administration of a small estate or limited letters testamentary of a small estate, as appropriate, on the form provided in the full text of this amendment;<br /> <br /> (6) A notice to creditors must not be published, and a creditor is not permitted to file a claim in a small estate probate;<br /> <br /> (7) The personal representative and the surety on the personal representative's bond may be discharged from liability under the bond as follows:<br /> <br /> (A) The court may enter an order discharging the personal representative and the surety on the personal representative's bond after the personal representative files, for a decedent dying before January 1, 2016, either the tax receipt issued, or the certificate or assessment issued pursuant to present law provisions governing inheritance tax administration; or<br /> <br /> (B) The personal representative and the surety on the personal representative's bond may wait until the first anniversary of the issuance of the limited letters when the court must automatically discharge them from liability. The limited letters must remain open and active until the first anniversary of the issuance of the limited letters; and<br /> <br /> (8) Upon good cause shown, the court may waive the requirement to wait 45 days before filing a petition for limited letters.<br /> <br /> LIABILITY<br /> <br /> This amendment provides the following:<br /> <br /> (1) Each person indebted to the decedent's estate, having possession of any property belonging to the estate, or acting as registrar or transfer agent of any shares of stocks, bonds, notes, or other evidence of ownership, indebtedness, or right belonging to the decedent's estate must be furnished with a copy of the limited letters of administration of a small estate or limited letters testamentary of a small estate by the personal representative, duly certified by the clerk of the court;<br /> <br /> (2) Upon receipt of a copy of the limited letters of administration of a small estate or limited letters testamentary of a small estate and demand by the personal representative, each person furnished a copy of the limited letters under (1) above must pay, transfer, and deliver to the personal representative all indebtedness owing by the recipient; and other property in possession of, or subject to, registration or transfer by the recipient;<br /> <br /> (3) A person making payment, transfer, or delivery of property belonging to a decedent's estate to the personal representative pursuant to this amendment is released and discharged from all further liability to the estate and its creditors to the same extent as if the payment, transfer, or delivery were made to the duly appointed, qualified, and acting personal representative of the decedent. The person making the payment, transfer, or delivery is not required to see to its application;<br /> <br /> (4) The decedent's property must be distributed either to the decedent's heirs as provided by law or, if there is a will, in accordance with the terms of the decedent's will admitted to probate as a muniment of title or filed with the clerk as provided in this amendment;<br /> <br /> (5) The person to whom payment, transfer, or delivery of any property of the decedent is made by the personal representative must be liable and remain liable up to one year from the date of payment, transfer, or delivery, to the extent of the value of the property received, to unpaid creditors of the decedent, to anyone who had a prior right to the decedent's property, or to any personal representative of the decedent thereafter appointed. If distribution is made prior to payment of all medical assistance owed to TennCare, then both the personal representative and the person to whom payment, transfer, or delivery is made by the personal representative must be liable to TennCare and remain liable, to the extent of the value of the property received;<br /> <br /> (6) If a person having possession of any of the decedent's property, upon receipt of a copy of the limited letters issued by the clerk, refuses to pay, transfer, or deliver the property to, or at the direction of, the personal representative, then:<br /> <br /> (A) The property may be recovered; or<br /> <br /> (B) Transfer and delivery of the property may be compelled in an action brought in a court of competent jurisdiction for that purpose upon proof of the facts required to be stated in the petition, and the costs of the proceeding must be adjudged against the person wrongfully refusing to pay, transfer, or deliver the property; and<br /> <br /> (7) If, during the administration of the small estate pursuant to the limited letters, the personal representative or a creditor of the decedent discovers additional assets that exceed the statutory small estate limitation, then the court is authorized to allow the small estate administration to be converted into probate administration by application of a verified petition to the court by the personal representative of the small estate or a creditor of the decedent. The personal representative of the small estate, if the property of the decedent has not been paid, transferred, or delivered, or the person or persons to whom the property of the decedent has been paid, transferred, or delivered, is liable for the assets that have been paid, transferred, or delivered prior to the conversion<br />
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