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Remember: Tennessee currently does not recognize Transfer-on-Death (TOD) deeds, which allow passing real estate on to a designated beneficiary upon the current owner's death. Such a deed would give the owner more control over their property during their lifetime.
Affidavit of Heirship When a person dies in Tennessee without a will, real estate immediately vests in the heirs of the decedent. The affidavit of heirship is essentially a notice that is filed with the Register of Deeds stating who the new owners of the property are.
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.
If a person passes away without leaving a will in Tennessee, the real property they owned is immediately transferred to their heirs.
Selling a House with Multiple Inheritors in Tennessee: If the inherited property has multiple heirs, the majority can decide to sell the house by filing a lawsuit of partition action in the state probate court of Tennessee.
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.