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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.
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.
Unfortunately, Tennessee does not allow transfer-on-death deeds, a popular tool used to efficiently distribute real property in other states.
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.
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 will, or a last will and testament, is a legal document that describes how you would like your property and other assets to be distributed after your death.
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.