67-8-414 - Liens. - Tennessee Statutes

67-8-414. Liens.

Upon the issuance by the state of a receipt to an administrator or executor who has paid the tax imposed by parts 3-5 of this chapter, the administrator or executor shall be subrogated to any lien or right to proceed against any transferred property in the hands of a transferee, donee, or bona fide purchaser that the state might have had and the issuance of the receipt by the commissioner after the payment of the tax due shall be deemed an assignment by the state to the administrator or executor of the lien or right to proceed against the transferred property, the transferee, donee or bona fide purchaser and shall be conclusive evidence thereof; provided, that for the lien to remain effective, the executor or administrator must file with the register of the county of decedent's residence and any county in which any real property affected is located within forty-five (45) days of the issuance of such tax receipt, a notice of such lien, such notice to contain the administrator's or executor's name, the name of the decedent whose estate is involved, a description of the property against which the lien is claimed, and the amount of lien claimed, and upon satisfaction of the lien, a release thereof.

[Acts 1929 (E.S.), ch. 29, § 3(7); mod. Code 1932, § 1279; Acts 1933, ch. 79, § 1; 1941, ch. 68, § 1; C. Supp. 1950, § 1279; Acts 1967, ch. 280, § 1; 1973, ch. 368, § 3(d); T.C.A. (orig. ed.), § 30-1622; Acts 1985, ch. 453, § 4; 2004, ch. 866, § 10.]