Transfer of Property Without Conservatorship

1. Law
2. Tennessee Code
3. Administration of Estates
4. Absentees' Estates
5. Conservators
6. Transfer of Property Without Conservatorship

1. 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.
2. 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:  , case number

   absentee

   PETITION FOR SUMMARY RELIEF

   Petitioner,  whose residence is  (street and number)

   (city or town), and   (county) Tennessee, and who is the

   of the absentee,  ,

   describe relationship to 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  because

   value           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  .

3. 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.
4. 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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