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Unfortunately, Tennessee does not allow transfer-on-death deeds, a popular tool used to efficiently distribute real property in other states.
Tennessee Executor's Deed. An executor's deed is a legal document used to transfer real estate from an estate to an heir or beneficiary after the death of the former owner. The executor prepares the deed and submits it to the probate court for approval.
The probate process typically involves: Proving in court that a deceased person's will is valid (usually a routine matter), Identifying and inventorying the deceased person's property, Having the property appraised, Paying debts and taxes; and.
As part of the probate process, letters testamentary are issued by your state's probate court. To obtain the document, you need a copy of the will and the death certificate, which are then filed with the probate court along with whatever letters testamentary forms the court requires as part of your application.
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.
If a person passes away without leaving a will in Tennessee, the real property they owned is immediately transferred to their heirs.
Pursuant to Tenn. Code Ann. § 30?2?314(a), an exception to a claim must be filed by a personal representative, creditor, heir, or any other interested party in the estate within 30 days after the four months from the date of the notice to creditors (i.e., five months).
Once the executor receives authority to manage the estate, they have 60 days to file an inventory of the estate with the probate court. Creditors then have up to 12 months to enter their claims on the record.