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What happens if an incomplete inventory of a deceased individual's assets is filed with the court by the personal representative?

Posted on Sep 2 2013 10:37PM by Attorney, Jason A. Lee

T.C.A. § 30-2-608 allows any individual interested in a deceased person's estate to file notification with the court that an incomplete inventory of the deceased individual's assets was provided to the court.  Specifically, T.C.A. § 30-2-608 provides as follows:

 

Any person interested in any deceased person's estate as legatee, distributee, surviving spouse, creditor, or otherwise, may, at any time before final settlement of the estate, show by proof that the personal representative has not returned a complete inventory, and the article or articles omitted in the inventory shall be debited to the personal representative at the value of the article or articles, unless the personal representative can show a sufficient reason for leaving the article or articles out of the inventory.

 

As a result, any of the individuals listed in this statute (which is basically anyone who would care) can establish by specific proof that a complete inventory has not been provided to the court and that this should be corrected.  Sometimes this may occur because the personal representative does not have specific information about the deceased person's assets that other individuals may have.  On the other hand, sometimes this may occur because the personal representative may leave off certain assets on purpose for inappropriate reasons.  Regardless, the statute provides an avenue for individuals who believe a complete inventory was not provided to contest the inventory submitted by the personal representative.  This can be important to determine the actual size of the estate for distribution and payment of creditors.

 

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TAGS: Creditor claims, Probate Assets, Tennessee Probate Law
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Jason A. Lee is a Member of Burrow Lee, PLLC. Contact Jason at 615-540-1004 or jlee@burrowlee.com for an initial consultation on wills estate planning and probate issues.

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Tennessee Wills and Estates Blog
Jason A. Lee, Member of Burrow Lee, PLLC
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Phone: 615-540-1004
E-mail: jlee@burrowlee.com

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