Tennessee Answer to Complaint in Equity for Real Property of Deed of Trust

Tennessee, however, has no statutory time limit for when an executor must submit the will for probate. There is no penalty for not probating a will. That means if the will is never submitted to probate, the assets remain in the decedent's name so long as the estate continues to pay the required taxes.

Code Ann. § 28-2-101). A person can also establish this type of presumptive ownership under color of title after having paid the taxes on a piece of property for 20 years or more without the original owner, or the government, objecting. (See Tenn.

Q: How Long Does an Executor Have to Distribute Assets From a Will? A: Dear Waiting: In most states, a will must be executed within three years of a person's death.

It depends, under certain circumstances a party's payment of property taxes can create a rebuttable presumption that the party has title, or ownership, to the property in question. These requirements are addressed in Tennessee Code Annotated ? 28-2-109 & 110. T.C.A.

At the very least, one can expect six to nine months of time before the Estate can close and if there is litigation outstanding, the Estate can stay open for years. At times, when sizable assets need to be sold over time, Estates can stay open for decades.

Real Estate: Muniment of Title is a legal action used to legally transfer clear title of one type of property (for assets such as real estate, a bank account, or a stock account) to a beneficiary. This procedure is appropriate only if the decedent executed a valid Will.

Under Tennessee law, there are simplified rules for handling a small estate. A small estate is one in which the total value of the personal property of the estate is $50,000 or less. Many county probate courts have forms online to help you handle a small estate.

5% on the first $20K. 4% on the next $80K. 3% on the next $150K. 2% on the next $500K.