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In Tennessee, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants -- children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property.

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.

If you have both a surviving spouse and descendants, your spouse receives either one-third of your probate estate or a child's equal share of a probate estate. The spouse receives whichever percentage is greater between the two. The children then equally inherit the remaining balance of the probate estate.

Under the Affidavits of Heirship, the heirship must be signed in front of a notary. And again, all heirs at law must sign the deed. The affidavit will then be recorded with the Register of Deeds and ALL of the listed heirs must join in on the sale of the real property.

Under state law, assets that do not have listed beneficiaries will pass to their closest relative. If the decedent is married and has children, their assets will be divided among the spouse and children equally, with the spouse getting no less than one-third.

The deed should be notarized before a Notary Public after all heirs have signed the document....Supporting Documents: BIR CAR/tax clearance certificate. Owner's Duplicate Copy of Title. Realty Tax Clearance. Tax Declaration (Certified Copy) Transfer Tax Receipt/Clearance. Affidavit of Publication of Settlement.

How to Write Identify all heirs of the estate. Your legal name and address. List your relationship with the decedent. Timeline of relationship. Name of any/all spouses including date(s) or marriage, divorce, and death (if any) Name of any/all children including date(s) or marriage, divorce, and death (if any)

As noted above, under Tennessee intestacy law, your heirs will be your spouse and/or your relatives. This may present an issue if you are legally divorced from, or otherwise not married to, your significant other/partner.

Under the Affidavits of Heirship, the heirship must be signed in front of a notary. And again, all heirs at law must sign the deed. The affidavit will then be recorded with the Register of Deeds and ALL of the listed heirs must join in on the sale of the real property.