In Re Estate of James E Miller

Case Number
E2012-02215-COA-R3-CV

In this action, a creditor brought a claim against the decedent’s estate for the value of cattle and equipment. With the personal representative for the estate filing an exception to the claim, the creditor filed an amended claim, seeking to enforce an attached handwritten contract. The trial court dismissed the amended claim as both untimely and asserting a new and different cause of action. On appeal, the creditor raises two issues: whether the trial court erred (1) by finding that the claimant was not entitled to actual notice of the probate proceedings pursuant to Tennessee Code Annotated § 30-2-306(d) (2010) and (2) by dismissing the amended claim pursuant to Tennessee Code Annotated § 30-2-307(e)(2) (2010). Discerning no error, we affirm.

Authoring Judge
Judge Thomas R. Frierson, II
Originating Judge
Judge J. Reed Dixon
Case Name
In Re Estate of James E Miller
Date Filed
Dissent or Concur
No