(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.
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Terms Used In Tennessee Code 30-3-203

  • absentee: is:

    (1) Any person serving in or with the armed forces of the United States, in or with the Red Cross, in or with the merchant marines or otherwise, during any period of time when a state of hostilities exists between the United States and any other power and for one (1) year thereafter, who has been reported or listed as missing in action, interned in a neutral country, beleaguered, besieged or captured by the enemy. See Tennessee Code 30-3-201
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Probate: Proving a will
  • Probate court: means the court having jurisdiction over the administration of the estates of decedents. See Tennessee Code 1-3-105
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
(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) ______________(city or town), and ______________(county) Tennessee, and who is the ______________(describe relationship to absentee) of the absentee, ______________(name), states that the absentee has been ______________(imprisoned or missing in action) since ______________(date) when ______________(describe details).

Petitioner desires to sell/transfer ______________(describe property) of the value of ______________(value) because ______________(give reasons).

The terms of sale/transfer are ______________(give terms).

Petitioner requires the consent of the absentee for the purpose of ______________.

Petitioner

State of Tennessee

County of ______________

The above named, ______________(petitioner’s name), being by me 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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