This Heirship Affidavit form is for a person to complete stating the heirs of a deceased person. The Heirship Affidavit is commonly used to establish ownership of personal and real property. It may be recorded in official land records, if necessary. Example of use: Person A dies without a will, leaves a son and no estate is opened. When the son sells the land, the son obtains an heirship affidavit to record with the deed. The person executing the affidavit should normally not be an heir of the deceased, or other person interested in the estate.
Nashville Tennessee Heirship Affidavit - Descent
Category:
State:
Tennessee
City:
Nashville
Control #:
TN-02501
Format:
Word;
Rich Text
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FAQ
If you die intestate and you do not have either a spouse or descendants, the State of Tennessee dictates that the subsequent relative to inherit your estate is any surviving parents. If your parents survive you, your estate is distributed to them in equal parts.
Under Tennessee law of descent and distribution the term ?next of kin? means the persons most nearly related to the decedent by blood. A decedent's spouse and next of kin make up the group of people entitled to inherit from a decedent's estate when a decedent dies without a will.
As noted above, under Tennessee intestacy law, your heirs will be your spouse and/or your relatives. This may present an issue if you are legally divorced from, or otherwise not married to, your significant other/partner.
If you are named as an heir, you may have to prove to the estate trustee that you are the person named. This can be done by showing the estate trustee identification or providing an affidavit.
How to Write Identify all heirs of the estate. Your legal name and address. List your relationship with the decedent. Timeline of relationship. Name of any/all spouses including date(s) or marriage, divorce, and death (if any) Name of any/all children including date(s) or marriage, divorce, and death (if any)
Under the Affidavits of Heirship, the heirship must be signed in front of a notary. And again, all heirs at law must sign the deed. The affidavit will then be recorded with the Register of Deeds and ALL of the listed heirs must join in on the sale of the real property.
If your loved one did not have a will, their estate will be divided according to Tennessee law. It provides that a surviving spouse and the children of the deceased person are the initial heirs. If the children have also passed away, then their children inherit their share.
Affidavit of Heirship When a person dies in Tennessee without a will, real estate immediately vests in the heirs of the decedent. The affidavit of heirship is essentially a notice that is filed with the Register of Deeds stating who the new owners of the property are.
Generally, the heirs of the decedent are their surviving spouse and children, including all of decedent's biological children and adopted children.
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.