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If a person passes away without leaving a will in Tennessee, the real property they owned is immediately transferred to their heirs.
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.
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.
A Letter of Appointment of Executor helps prove you have been put in charge of someone's estate after they have passed away. As Executor, you've been given the duty to manage the estate and carry out the directions of the will; however, a court may require official documentation.
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.
Unfortunately, Tennessee does not allow transfer-on-death deeds, a popular tool used to efficiently distribute real property in other states.
Closing the Estate To close the estate, the executor must fill out and sign a final accounting form, documenting all payments from the estate. The accounting form is sent to all the beneficiaries named in the will, and if they agree that the information it contains is correct, they must also sign the form.
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.