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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.
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.
If a person passes away without leaving a will in Tennessee, the real property they owned is immediately transferred to their heirs.
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.
Spouses in Tennessee Inheritance Laws For childless marriages, every piece of property that a decedent owned will be left to his or her spouse. But if the decedent had children with his or her spouse, with another person or both, the intestate estate is divided evenly among all parties.
If all inheritors do not agree then the property cannot be sold. Chill! If majority of the inheritors are willing to sell the property they need to go through a probate court. The inheritors can file a 'partition action' lawsuit in the probate court.
Unfortunately, Tennessee does not allow transfer-on-death deeds, a popular tool used to efficiently distribute real property in other states.
If you have a surviving spouse, he or she will receive your entire Estate if you had no descendants at the time of your death. If you are survived by descendants, your spouse is entitled to either (a) one-third (1/3) of your estate, or (b) a child's share, whichever is greater.