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Tennessee Code Title 30. Administration of Estates § 30-3-203

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) If the spouse of any person defined as an absentee in § 30-3-201(1), or next of kin if the absentee has no spouse, wishes to sell or transfer any property of the absentee that has a gross value of less than five thousand dollars ($5,000), or requires the consent of the absentee in any matter regarding the absentee's children, or in any other matter in which the gross value of the subject matter is less than five thousand dollars ($5,000), the spouse or next of kin may apply to the chancery or probate court for an order authorizing the sale, transfer, or consent, without opening a full conservatorship proceeding as provided by this part. The spouse or next of kin may make the application without the assistance of an attorney.

(b) The application shall be made by petition on the following form, which form shall be made readily available to the applicant by the clerk and master of the chancery court and the clerk of the probate court:

In re: ____________________(absentee), Case Number ____________________

PETITION FOR SUMMARY RELIEF

Petitioner, __________ whose residence is _______________________________________________________________

                                                        (street and number)

___________________________________,

and

__________________________

Tennessee, and who is the

      (city or town)

(county)

_____________________________________________________________ of the absentee,

           (describe relationship to absentee)

_______________________________,

states that the absentee has been _________________________________

              name

_____________________________________________

since

____________

when

_________________________.

imprisoned or missing in action

date

(describe details)

Petitioner desires to sell/transfer

______________________________________________________

(describe property)

of the value of

__________________

because

____________________________________________.

(value)

(give reasons).

The terms of sale/transfer are

__________________________________.

Petitioner requires

(give terms).

the consent of the absentee for the purpose of

_____________________________________.

Petitioner

State of Tennessee

County of __________

The above named,

______________________________________________________

, being by me

(petitioner's name)

duly sworn, says the foregoing petition is true and correct to the best of his/her knowledge and belief.

_________________________________________________

Notary Public

My commission expires __________________________.

(c) The court shall, without hearing or notice, enter an order on the petition if it deems the relief requested in the petition necessary to protect the best interests of the absentee or the absentee's dependents.

(d) The order shall be prima facie evidence of the validity of the proceedings and the authority of the petitioner to make a conveyance or transfer of the property or to give the absentee's consent in any matter prescribed by subsections (a) and (b) of this section.

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Cite this article: FindLaw.com - Tennessee Code Title 30. Administration of Estates § 30-3-203 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-30-administration-of-estates/tn-code-sect-30-3-203/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

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