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In summary: the Affidavit of Heirship is an efficient tool for transferring real property to the heirs when someone dies intestate (without a will) in Tennessee. It names the deceased and the current property owners, and provides necessary property details.
There are two main requirements to probate a will for muniment of title: 1) the beneficiary must be transferring only ownership of real estate rather than any other type of assets; and 2) the decedent must have left a valid will.
This term is typically used when describing a particular process of transferring property when a person has passed away. More specifically, it comes into play when the deceased individual has left a will, and the only asset that needs to be probated is real estate.
An affidavit of heirship is the simplest way of transferring real property after a person has passed away. When a person dies in Tennessee without a will, real estate immediately vests in the heirs of the decedent.
More specifically, it comes into play when the deceased individual has left a will, and the only asset that needs to be probated is real estate. In a sense, a Muniment of Title provides a simplified path for those inheriting property, bypassing the lengthier, and often costly, full probate process.