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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.
Following the deceased's passing, the executor has 60 days to turn in an inventory of the deceased's assets that need to go through probate.
Filing a small estate affidavit is an efficient way to distribute assets of less than $50,000.00. If the deceased person had a will, then the assets would be distributed in ance to its terms. If the deceased did not have a will, then the assets would be distributed in based upon Tennessee intestacy laws.
Where to file a Tennessee Affidavit of Heirship: The Tennessee Heirship Affidavit must be signed under oath by an individual familiar with the relevant facts. The document is then filed in the real property records of the county where the property is located.
A ballpark fee for preparation of the affidavit is between $750 for a very simple estate with few heirs to several thousand dollars for a more complicated estate with many heirs. The filing fees to record the affidavit in each county where the real property is located usually run about $50 to $75 in Texas.
To file a small estate affidavit, you must first wait for 45 days after the decedent's death. You're welcome to fill out the paperwork and try to get it started before that but you'll find that no probate court clerk will accept a small estate affidavit until after 45 days have passed so it's better to just wait.
Under Tennessee statute, where as estate is valued at less than $50,000, an interested party may, forty-five (45) days after the death of the decedent, file with the clerk of court a small estate affidavit, and proceed to use said affidavit to collect any debts owed to the decedent.
THERE IS A 45-DAY WAITING PERIOD AFTER THE DATE OF DEATH. YOU MUST PROVIDE A CERTIFIED COPY OF THE DEATH CERTIFICATE. YOU MUST INCLUDE AFFIDAVIT(S) FROM ALL THE HEIRS THAT ARE NOT JOINING IN THE SMALL ESTATE AFFIDAVIT. YOU MUST LIST ALL OUTSTANDING DEBTS OWED BY THE DECEASED.