Tennessee Order of Transfer

State:
Tennessee
Control #:
TN-SKU-0895
Format:
PDF
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Description

Order of Transfer

The Tennessee Order of Transfer is a legal document that allows for the transfer of a decedent's assets to the named beneficiaries. It is issued by the Probate Court in the county where the decedent was domiciled at the time of death. The Order of Transfer is used to transfer assets from the decedent's estate to the beneficiaries. There are three types of Tennessee Order of Transfers: General Order of Transfer, Special Order of Transfer, and Small Estate Order of Transfer. The General Order of Transfer is used to transfer a decedent's assets to specific individuals who are named as beneficiaries in the will. The Special Order of Transfer is used to transfer a decedent's assets to individual beneficiaries or to a trust. The Small Estate Order of Transfer is used to transfer a decedent's assets to a specific person or entity when the estate is valued at less than $50,000.00. All three types of Tennessee Order of Transfer must be signed by the Probate Court Judge and filed with the appropriate county Probate Court.

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FAQ

Any person, ordered to provide support and maintenance for a minor child or children, who fails to comply with the order or decree, may, in the discretion of the court, be punished by imprisonment in the county workhouse or county jail for a period not to exceed six (6) months.

Terms Used In Tennessee Code 36-5-3003 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

Although a child can never decide issues relating to custody or visitation, Tennessee law requires a court to consider the wishes of a child over the age of 12 when making visitation related decisions.

§ 37-1-134. The decision on whether or not the state will seek transfer must be made within 90 days of the child being charged with an offense and no less than 14 days prior to the transfer hearing or the adjudicatory hearing, whichever occurs first. This time period may be extended by the court for good cause.

Custody With Mother Absent an Order of Custody. Absent an order of custody to the contrary, custody of a child born out of wedlock is with the mother.

Following a hearing, a child meeting age/offense criteria may be transferred to adult criminal court if the juvenile court finds that there are reasonable grounds to believe that (1) the child committed the offense alleged, (2) the child is not committable to a mental institution, and (3) the interests of the community

Rule 1240-02-04 of the Tennessee Child Support guidelines reads that an alternative residential parent may still have to pay child support to the primary residential parent if he or she has a higher income, even if an alternative residential parent shares joint custody and equal parenting time.

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Tennessee Order of Transfer