IN RE ESTATE OF JOHN “JOCK” T. DAVIDSON, III

In this probate case, several potential creditors filed claims against the decedent’s estate in
the Probate Division of the McMinn County Chancery Court (“probate court”), alleging
that lawsuits had been filed against the administrator ad litem of the estate in the McMinn
County Circuit Court (“circuit court”). The administrator ad litem and the decedent’s
surviving spouse filed exceptions to the claims, averring that the alleged creditors had
failed to personally sign or verify the claims as required by statute. The alleged creditors
subsequently amended their claims to personally sign and verify them. However, the
amended claims were filed over one year after the decedent’s death. Following a hearing,
the probate court determined that (1) the alleged creditors’ amended claims related back to
the filing of the original claims and were not time-barred and (2) the circuit court needed
to rule on whether the lawsuits in that court were being properly prosecuted before the
probate court could address the status of the alleged creditors’ claims. The probate court
thereby held the alleged creditors’ claims in abeyance pending a circuit court ruling. The
administrator ad litem and the surviving spouse have appealed. Having determined that
the probate court properly held the alleged creditors’ claims in abeyance, we further
determine that the probate court has not entered a final judgment. Accordingly, we dismiss
this appeal and remand the case to the probate court for further proceedings.