Order For Certificate Of Will Contest {153}

PART 2 IN THE CHANCERY COURT OF HAMILTON COUNTY, TENNESSEE PROBATE DIVISION ORDER FOR CERTIFICATE OF WILL CONTEST EXECUTOR(S) DECEASED FILE N0. IN THE MATTER OF THE ESTATE OF Motion for a CERTIFICATE OF WILL CONTEST having been heard on <date>, the Court finds: 1. CONTESTANT(S). The contestant(s) are <state the name and address of each contestant> 2. DOCUMENT CONTESTED. The contestant(s) move the Court for an order allowing contestant(s) to contest the probate of a writing dated <date of will/codicils> and <probated in common form> or <propounded in solemn form> on <date> as the Last Will and Testament of <Decedent's name>. (The Will) 3. STATUTE OF LIMITATIONS. This action is brought within two years from the entry of the order admitting The Will to probate or in case of probate in solemn form, before proof of The Will is adduced. 4. GROUNDS FOR CONTESTANT STANDING. Contestant(s) have demonstrated standing to contest The Will. 5. GROUNDS FOR CONTEST. Contestant(s) have demonstrated grounds to contest The Will. 6. ELECTION OF TRIAL COURT. Contestant(s) elect <Court> for conduct of the trial upon the validity of The Will. 7. JURY DEMAND. Contestant(s) <demand> <do not demand> a jury. 8. CONTEST SURETY BOND. Each Contestant has <filed the CONTEST SURETY BOND TO EXECUTOR(S) as required by T.C.A.§ 32-4-101> or <has qualified in the manner prescribed for paupers>. It is therefore, ORDERED: 1. that the conduct of the trial upon the validity of The Will shall be in <Court> to be heard <with> <without> a jury. 2, that <an administrator ad litem is not required.> <an administrator ad litem is required and the Probate Clerk shall issue forthwith LETTERS OF LIMITED ADMINISTRATION FOR CAUSE OF ACTION ONLY to <name of administrator ad litem>>. 3. that on or before 15 days from the entry of this order, each adult devisee or legatee under The Will shall file with the Probate Clerk one of the following a) the CONTEST SURETY BOND TO EXECUTOR(S) as required by T.C.A.§ 32-4-101, b) affidavit and paupers oath if qualified, or c) the STATEMENT OF NO CONTEST with the Probate Clerk. If all the devisees or legatees are adults, and refuse or fail to comply with this order, the contested will shall, without further order of this court, be held for naught, and the property of the supposed testator shall be distributed as the property of an intestate. 4. that upon the filing of the aforesaid documents by all adult devisees or legatees, the Probate Clerk shall then issue forthwith the CERTIFICATE OF WILL CONTEST to the appropriate court along with the original of The Will as required. ENTER: ___________________________________ Howell N. Peoples, Chancellor, Part 2 Probate Division ORDER FOR CERTIFICATE OF WILL CONTEST Page 1 of 1. [FORM 153, REV. 2003.12.19] (LRCP 4.04 Applies.) American LegalNet, Inc. www.USCourtForms.com