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A Tennessee Affidavit of Heirship provides conclusive evidence of the deceased person's family history and their heirs, allowing legal measures to be taken to establish the rightful inheritance of the property. Title companies accept a Tennessee Affidavit of Heirship during the process of transferring real estate.
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.
Unfortunately, Tennessee does not allow transfer-on-death deeds, a popular tool used to efficiently distribute real property in other states.
If a person passes away without leaving a will in Tennessee, the real property they owned is immediately transferred to their heirs.
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.