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Only assets that the deceased person owned in his or her own name, alone, must go through probate. All other assets pass to new owners without oversight from the probate court. Assets that go through probate make up what's called the "probate estate."
In Tennessee, if no estate is opened, a creditor has 12 months after someone dies to file a claim against the estate of the deceased person. However, that deadline is shortened to 4 months or less if an estate is opened.
Requirements for a muniment of title are: The person who died must have owned real property at his death. The real property must be the only asset(s) that the deceased owned, excluding personal property. The deceased must have a validly executed will.
If an estate is valued at less than $25,000, there is no Will and the decedent was not married, in Tennessee, you can use the summary probate procedure. Note that the state does not have an Affidavit procedure for small estates.
Does Tennessee Law Require Probate? Yes, probate is a requirement for estates in Tennessee. This is the method used to distribute the assets to the heirs and ensure the will is followed.
Unfortunately, Tennessee does not allow transfer-on-death deeds, a popular tool used to efficiently distribute real property in other states.
How long probate takes in Tennessee varies from estate to estate. Generally, this can take anywhere from six months to a year. 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.
Real Estate: Muniment of Title is a legal action used to legally transfer clear title of one type of property (for assets such as real estate, a bank account, or a stock account) to a beneficiary. This procedure is appropriate only if the decedent executed a valid Will.