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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