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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 22405
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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I have to go before a Chancellor in Claiborne County, TN to

Customer Question

I have to go before a Chancellor in Claiborne County, TN to request the bond be waived to probate my father's will. The Clerk and Master's Office told me that I need a petition and order when I go to the hearing. I need samples of both a petition and an order so I can prepare these documents. Can you provide these?
Submitted: 11 months ago.
Category: Legal
Expert:  Barrister replied 11 months ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Are you the only heir or are there others besides you?
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Is this being handled as a small estate?
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What is your ballpark guess as to the value of the estate?
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Thanks
Barrister
Customer: replied 11 months ago.

Are you the only heir or are there others besides you?


No, my mother and 2 brothers.
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Is this being handled as a small estate? No, not according the definition of a small estate in the Tennessee Probate Manual
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What is your ballpark guess as to the value of the estate?


Real Estate =$173,500


Personalty $27,000

Expert:  Barrister replied 11 months ago.
Ok, if all the heirs will agree to allow you to serve a personal rep without bond, then they would each have to sign a form like this:
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http://circuitclerk.nashville.gov/probate/forms/formpro_Estateconsenttoserve.pdf
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This isn't for Claiborne County, but you can use it as a template to construct your own. Everything would be the same except for the County.
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This is as close as I could come to an Order for the judge. It will need a bit of tweaking..
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http://www.hamiltontn.gov/courts/ClerkMaster/Forms/Form%20073.doc
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Basicallly you would change the County, and then change the title to Order Appointing Personal Representative and Waiving Bond. You would change the second Whereas sentence to read that the statements comply with T.C.A. 30-1-201
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And finally you would change the Ordered sentence to say that bond is waived.
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I am sorry for all the "Frankenstein forms" where you have to change and modify things, but apparently they don't have them standard online. I might talk to the Chancery court clerk again and ask them if they have a standard template they can give you rather than you essentially drafting your own. It is very likely that they would have one or could give you a copy of one that had been previously filed so you could just copy it, white out the other case information and then file it.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.


Customer: replied 11 months ago.

Thank you, XXXXX XXXXX form is required even if I was named administrator of the estate in the will?


 


Also, do you have a sample of a petition?

Expert:  Barrister replied 11 months ago.
Yes, the will just nominates you to that position. You aren't formally appointed until the judge says you are.
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For the Petition, I would use the same template for the Order above and just title it "Petition to Waive Bond" and just state in it that Petitioner has filed the required waiver forms under TCA 30-13-201 and hereby requests that the court enter an order waiving the bond requirement.
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These types of forms don't have to be in some rigid set format. They just have to be written so that the judge can understand what you are asking for.
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If you wanted to draft them up and then have me take a look, I will be happy to do so and make any comments or suggestions that might be needed.
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Thanks
Barrister
Customer: replied 11 months ago.

sounds great, how do I send them to you? If I try to use the attach feature on this site it asks for a url and will not let me attach a file from my hard drive.

Expert:  Barrister replied 11 months ago.
Yeah, there is something squirrely going on with their attach feature. The best sure fire way to get them to me is to email them XXXXX@XXXXXX.XXX and the people at JA will then forward them on to me.
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It can sometimes take up to a day for them to do so if they are swamped, but as soon as I get their email, I will reply and let you know I got them and am taking a look.
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Thanks
Barrister
Customer: replied 11 months ago.

Here is the text that I did for the order. if it looks good to you then I can do the petition. I think the other form will be easy to change. I have to email the form to my family today so they can have the form notarized tomorrow. The hearing is Monday morning.


 


 


IN THE CHANCERY COURT OF CLAIBORNE COUNTY, TENNESSEE


*


IN THE MATTER OF THE ESTATE OF * N0. _________________


*


_Carlie Thompson__________________________, * PART 2, PROBATE DIVISION


DECEASED *



ORDER APPOINTING PERSONAL REPRESENTATIVE AND WAIVING BOND


 


WHEREAS, the personal representative for the captioned estate has filed all required documents To Serve As Personal Representative and Waiving Bond.


WHEREAS, the statements in the aforesaid affidavit comply with the requirements of T.C.A. 30-1-201; it is


ORDERED that the posting of a bond is waived.


ENTER this ____ day of ____________, 20___.




___________________________________________


ANDREW TILLMAN, CHANCELLOR


 


 


 


APPROVED:


 


___________________________________________


[Attorney for Estate] [BPR#]


___________________________________________


<LRCP 3.04 Information>


___________________________________________


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


[Form 073, Rev. 2002.01.14]

Expert:  Barrister replied 11 months ago.
That is exactly how I would have drafted it. I can't suggest anything that would improve it. It is very clear, succinct and straight to the point. Judges like that.
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Thanks
Barrister
Customer: replied 11 months ago.

Thank You For Your Assistance!


 


Have a Great Day!

Expert:  Barrister replied 11 months ago.
You are very welcome. Glad I could help a bit.
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Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 22405
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 7 other Legal Specialists are ready to help you
Expert:  Barrister replied 11 months ago.

Thanks so much for the positive rating and generous bonus, it is very much appreciated!

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It was my pleasure to work with you and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do my level best to help or get you to someone who can.

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Barrister

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