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The affidavit of heirship, sometimes called an affidavit of inheritance, is a statutory form under T.C.A. 30-2-712. An affidavit of heirship, when recorded, gives notice of a change in title following the death of a real property owner.
If a family member has recently passed away owning real property, there may not be a need for a full probate administration. Instead, Tennessee law allows for the filing of a muniment of title and an affidavit of heirship to transfer property.
Ing to the provisions of the Probate Code, a Tennessee Affidavit of Heirship must be signed by two witnesses who were acquainted with the deceased person and their family history but do not have any financial interest in the estate.
The affidavit of heirship, sometimes called an affidavit of inheritance, is a statutory form under T.C.A. 30-2-712. An affidavit of heirship, when recorded, gives notice of a change in title following the death of a real property owner.
Once the rightful heirs are determined following intestate law, the personal representative can begin the property transfer/transfer of title process. If a person passes away without leaving a will in Tennessee, the real property they owned is immediately transferred to their heirs.