Estate of Jenkins v. Guyton

OPINION

DROWOTA, Justice.

The Estate of Richard Jenkins appeals from the lower courts’ refusal to bar the claim of a creditor of the estate, Thomas Guyton, as untimely filed. The specific issue presented here is whether the executor’s communication to Guyton’s attorney that (1) Jenkins had died, and (2) that his will was being probated in Davidson County, constitutes the “actual notice” required under Tenn.Code Ann. § 30-2-307(a)(l) to limit the period for filing claims against the estate to six months, thus rendering the claim untimely. We hold that such communication does not constitute…