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In a partition action under the Uniform Partition of Heirs Property Act, the co-tenants are all the co-owners of heirs' property, regardless of the size of the fractional interest owned. See the definition of tenants in common, below. A person who has died; decedent is also often referred to as ?the deceased.?
An affidavit of heirship can be used to establish the heirs of a deceased person when there is no probated will or estate. To use an affidavit of heirship for this purpose please follow the instructions below: The person signing the affidavit of heirship cannot be a person listed as an heir.
Note: The affidavit alone does not transfer title, but it is used so that the name on the property records and tax records is changed to the names of the heirs.
Unfortunately, Tennessee does not allow transfer-on-death deeds, a popular tool used to efficiently distribute real property in other states.
What is the Tennessee Affidavit of Heirship. The affidavit of heirship, sometimes called an affidavit of inheritance, is a statutory form under T.C.A. 30-2-712. An affidavit of heirship, when recorded, gives notice of a change in title following the death of a real property owner.
The affidavit identifies each possible ?distributee? of the estate, and describes their relationship to the decedent. The affidavit must be signed by a disinterested person, meaning someone who has no financial interest in the estate's assets.
If a family member has recently passed away owning real property, there may not be a need for a full probate administration. Instead, Tennessee law allows for the filing of a muniment of title and an affidavit of heirship to transfer property.
The heirs identified on the list are the heirs of the decedent as provided under Virginia law for a person who dies without a will. The form requires the name, address, relationship to the decedent, and age of each heir.