Shirley Dianne Bowden v. Larry E. Ward

Summary

The Tennessee Supreme Court affirmed the Court of Appeals' reversal of the probate court, holding that the copy of the published Notice to Creditors mailed to creditor Larry E. Ward — which stated only an already-expired six-month filing deadline — did not constitute 'actual notice,' because under Estate of Jenkins v. Guyton actual notice must at minimum accurately convey both the commencement of probate proceedings and the time period within which claims must be filed. Having received no actual notice, Ward was governed by Tenn. Code Ann. § 30-2-307(a)(1)(B) and had twelve months from the March 27, 1996 date of death to file; his February 11, 1997 claim of $64,668.55 was therefore timely.