Testate Estate - Examination Of Proposed Personal Representative(s) {133}

TESTATE ESTATE: EXAMINATION OF PROPOSED PERSONAL REPRERSENTATIVE(s) ­ See Form 134 for Intestate Estate ­ GENERAL Truthfulness and thoroughness of the petition. E.g.: Name and residence Relationship to Decedent Decedent's identity and residence Date Decedent died Identity of Decedent's heirs1 Efforts to locate wills or codicils Did Decedent have any other children? Location and care of the Will Any other Will or Codicil Personalty Real Estate Whether the fair market value of the estate for Tennessee Inheritance tax purposes includes accounts Decedent had with others with joint right of survivorship. SPECIFIC Are you aware of, or know of, the existence of any paper or document--whether or not it is incorporated in this will--wherein Decedent has stated how any of Decedent's property should be distributed?2 Are you aware of any paper, document, instrument, or codicil changing or revoking the will? Do you well and truly believe that the document being offered for probate is Decedent's last will? If you should find any paper, document, instrument or codicil which may change or revoke this Will, will you, as required by law, immediately produce it for probate? Do you have any claims against this estate for any money Decedent may have owed you prior to death? Have you ever been legally adjudged incompetent? Are you bondable? Have you ever been convicted of a crime? Are you aware of any person opposed to your serving as personal representative for this estate? Are you aware of any reason why you should not serve as the personal representative? Have you ever served as a personal representative before? Are you willing and able to assume this position of trust and to carry out the duties as personal representative in this estate and to faithfully discharge your responsibilities as provided by law and the orders of this Court? Will you accumulate, protect, and properly distribute the assets of this estate according to law and the will? Will you keep complete and accurate records and receipts regarding the assets and distribution? Will you, within the time allowed, file all documents required by the law or by this Court? Will you assist with or fill out the necessary forms for inheritance taxes and file with the CLERK & MASTER the certificate showing the tax has been paid or that there is no tax due? If you are going to seek a fee for your services, will you keep complete and accurate records and receipts regarding your time and expenses? Those who otherwise would be entitled to Decedent's property under the statutes of intestate succession. T.C.A. § 30-1-117(6). Incorporated papers with distribution of property do not have to be signed or attached to the will. However, any such testamentary paper must be admitted to probate as part of the will. There must be no ambiguity as to the specific paper to be incorporated and three requirements are necessary: 1) the will must refer to the paper; 2) there must be proof that the paper was written before or contemporaneous with the will; and 3) there must be proof of the identity of such paper referred to in the will. Any agreements among beneficiaries or others to the contrary are entered into at the peril of the participants. 2 1 Form 133, Rev. 2005.01.31 American LegalNet, Inc. www.USCourtForms.com