34-1-117 - Resignation of fiduciary Transfer of fiduciary relationship. - Tennessee Statutes

34-1-117. Resignation of fiduciary Transfer of fiduciary relationship.

(a)  A fiduciary may resign by submitting a written request to the court. If the court approves and the fiduciary submits a final accounting that is approved, the resignation of the fiduciary shall be effective on the date set by the court.

(b)  The court shall permit the transfer of the fiduciary relationship to another county, state or country if the court finds that either:

     (1)  The minor or disabled person and the serving Tennessee fiduciary have both moved to another county, state or country and the serving Tennessee fiduciary has been appointed the fiduciary in the other county, state or country; or

     (2)  Only the minor or disabled person has moved to another county, state or country and a fiduciary other than the serving Tennessee fiduciary has been appointed the fiduciary in the other county, state or country.

(c)  The procedure to seek the transfer of the fiduciary relationship jurisdiction to a court other than the Tennessee court currently supervising the fiduciary relationship shall be the following:

     (1)  The fiduciary, who may be the serving Tennessee fiduciary or the fiduciary appointed in the other jurisdiction, shall file a sworn petition in the Tennessee court currently supervising the fiduciary relationship. The petition shall contain the following:

          (A)  A brief statement of the reason or reasons for the removal of the minor or disabled person from the county of the Tennessee court currently supervising the fiduciary relationship;

          (B)  A certified copy of the document evidencing the appointment of a fiduciary for the minor or disabled person in the new jurisdiction that is the place of actual residence of the minor or disabled person;

          (C)  An accounting of the minor's or disabled person's property up to the date of the filing of the petition. If the petitioning fiduciary is not the serving Tennessee fiduciary, the court may require the serving Tennessee fiduciary to submit the accounting;

          (D)  A prayer for the removal of the fiduciary proceedings to the new jurisdiction; and

          (E)  If appropriate, a prayer for the removal of the minor's or disabled person's property to the new jurisdiction;

     (2)  Upon the hearing of the petition, the petitioning fiduciary shall provide the court with the following:

          (A)  Satisfactory evidence that the minor or disabled person and, if applicable, the serving Tennessee fiduciary have moved from the county of the Tennessee court currently supervising the fiduciary relationship and are actually residing in the new jurisdiction;

          (B)  An accounting of the minor's or disabled person's property up to the date of the hearing. If the petitioning fiduciary is not the serving Tennessee fiduciary, the court may require the serving Tennessee fiduciary to submit the accounting;

          (C)  A certified copy of the order of the court appointing the fiduciary in the new jurisdiction; and

          (D)  A copy of the bond given by the fiduciary in the new jurisdiction with a certificate of the clerk of the court that the bond was signed;

     (3)  If upon the hearing the court is satisfied with the sufficiency of the evidence presented and the court determines it is in the best interests of the minor or disabled person, the court shall:

          (A)  Order the removal of the fiduciary proceedings and, if applicable, the minor's or disabled person's property to the jurisdiction of the actual residence of the minor or disabled person; and

          (B)  Discharge the Tennessee fiduciary and the fiduciary's surety on the bond in the Tennessee proceedings; and

     (4)  Upon the granting of the order, the court shall transfer to the appropriate court in the new jurisdiction a copy of the accounting of the serving Tennessee fiduciary and all records pertaining to the fiduciary relationship.

[Acts 1992, ch. 794, § 18; 1994, ch. 855, § 10; T.C.A. § 34-11-117.]