Civil Case Cover Sheet s1

______Court PETITION FOR PROBATE Case Number ______County, Tennessee

IN THE MATTER OF THE ESTATE OF ______, DECEASED

The Petitioner would show to the Court the following:

1. This Petition. [Select one.]

 This Petition seeks probate in common form. The heirs and beneficiaries will not be served with process so that they may have legal notice to appear at the hearing to determine whether the purported will may be admitted to probate.  This Petition seeks probate in solemn form. The heirs and beneficiaries will be served with process so that they may have legal notice to appear at the hearing to determine whether the purported will may be admitted to probate.

2. The Decedent. The Decedent, ______, died at ______on ______, 20___, at the age of ______years. The Decedent’s place of residence was ______[street address], ______[city], ______County, Tennessee.

3. The Petitioner. The Petitioner’s name, relationship to the Decedent, and mailing address are as follows:

______[Name] [Relationship] [Mailing Address] [Zip Code] [Use an additional sheet for other persons.] Petitioner is appointed Executor of the decedent’s will in Paragraph ____ of the Will being offered for probate.

4. The Heirs. The Decedent was survived by the following heirs whose names, relationships to the Decedent, ages and mailing addresses appear below:

______[Name] [Age] [Relationship] [Mailing Address] [Zip Code]

______[Name] [Age] [Relationship] [Mailing Address] [Zip Code] [Use an additional sheet for other persons.] 5. The Will. The Decedent left a Will in the form of a document or documents dated ______, which Petitioner believes is entitled to probate. The original document or documents will be presented at the hearing. A true copy is attached as an exhibit to this Petition. Petitioner has searched thoroughly for a document that was signed later than the one to be presented, or that revoked the one to be presented, but has found none.

6. The Witnesses. [Select one.]

 The witnesses have signed an affidavit that accompanies the will so that their testimony will not be required for its probate.  The Will is in the handwriting of the Decedent. There are no witnesses to the signing of it. Petitioner will present testimony from two disinterested witnesses to prove the Decedent’s handwriting.  The witnesses will appear at the hearing to testify about the signing of the Will.

7. The Beneficiaries. The names, ages, relationships to the Decedent, and addresses of the persons named as beneficiaries under the Decedent’s will are as follows:

______[Name] [Age] [Relationship] [Mailing Address] [Zip Code]

______[Name] [Age] [Relationship] [Mailing Address] [Zip Code] [Use an additional sheet for other persons.]

8. Disability. The following persons listed as heirs or beneficiaries are minors or under other legal disability: ______.

9. Real Estate. [Select one.]

 The Decedent owned no real estate.  The Decedent owned real estate which the Petitioner believes is worth in excess of $______. Under Tennessee law, it passed on the decedent’s death outside the control of an Executor.  The Decedent owned real estate which the Petitioner believes is worth in excess of $______. Under the decedent’s will and Tennessee law, it is subject to the control of an Executor.

10. Personal Property. The Decedent owned personal property which the Petitioner believes is worth in excess of $______.

11. Governmental Benefits. [Select one.]  The decedent had not attained the age of 55.  The decedent had attained the age of 55 but was not receiving TennCare benefits.

PETITION FOR PROBATE www.selegal.org PAGE 2  The decedent had attained the age of 55 and was receiving TennCare benefits.

12. Values. The estimated gross value of the Decedent’s estate for probate purposes is ______and for Tennessee Inheritance Tax purposes is $______.

13. Bond. [Select one.]

 Paragraph ____ of the will being offered for probate excuses the Executor from making bond for the performance of Petitioner’s duties.  The Executor is a bank excused from bond by Section 45-2-1005 of the Tennessee Code Annotated.  The Executor is also the sole beneficiary of the Decedent’s estate.  Each person who is a beneficiary of the estate is an adult. Each has waived the filing of a bond. Their agreement is attached as an exhibit to this Petition.  The Executor is not excused from making bond.

14. Inventory. [Select one.]

 The filing of an inventory is waived in Paragraph ___ of the will that is being offered for probate.  The residuary beneficiaries have agreed to waive the filing of an inventory. Their agreement is attached as an exhibit to this Petition.  The Executor will file an inventory in the manner required by law.

15. Accountings. [Select one.]

 The filing of accountings is waived in Paragraph ___ of the will that is being offered for probate.  The residuary beneficiaries have agreed to waive the filing of accountings. Their agreement is attached as an exhibit to this Petition.  The Executor will file accountings in the manner required by law.

REQUESTS FOR RELIEF

Petitioner prays that:

1. If this Petition seeks probate in solemn form, process issue and be served on the Decedent’s heirs and beneficiaries under the will.

2. If this Petition seeks probate in solemn form or if there is no affidavit of the subscribing witness, the testimony of the subscribing witnesses be taken in open court and accepted by the Court so that probate of the will may be granted.

PETITION FOR PROBATE www.selegal.org PAGE 3 3. The person designated in the will be appointed to serve as Executor. The clerk and master should be directed to administer the oath and otherwise qualify the Executor and to issue letters testamentary.

4. Notice be given to creditors if required by Section 30-2-306 of the Tennessee Code Annotated.

5. Notice be given the Department of Revenue as required by Section 67-8-406 of the Tennessee Code Annotated.

6. If the requirement of a bond has been or may be waived, the Executor be allowed to serve without bond.

7. If the requirement of an inventory has been waived, the Executor be excused from filing it and, if not waived, the Executor be allowed 60 days from the date of qualification to file it.

8. If the requirement of accountings has been waived, the Executor be excused from filing them.

9. If permitted by law, the requirement of filing a Tennessee Inheritance Tax Return be waived.

10. The Petitioner be granted such additional relief as the Court may deem proper under the circumstances.

______Petitioner STATE OF TENNESSEE ______COURT OF ______COUNTY:

On ______, 20____, the Petitioner personally appeared before me and, after being duly sworn by me, deposed and said that the statements in the foregoing Petition are true to Petitioner’s knowledge and belief.

______Petitioner

Sworn to and subscribed before me this ____ day of ______, 20___.

______Deputy Clerk

PETITION FOR PROBATE www.selegal.org PAGE 4