Quick disclaimer

This information is educational only and is not legal advice. I am not a lawyer. Use this to understand the Tennessee process and decide whether you should speak with a probate attorney in your county.

Detailed answer — practical step-by-step under Tennessee law

If your parent died without a will (intestate) in Tennessee, the house does not automatically belong to you and your siblings unless the deed already names you as joint owners or another nonprobate transfer applies. To get the title changed into the heirs’ names, you generally must open a probate administration or use a statutory small‑estate procedure (if eligible), have an administrator appointed, determine who inherits under Tennessee intestacy rules, and then transfer title by a deed or court order.

1. Confirm ownership and whether probate is needed

• Find the deed at the county register of deeds. Check whether the property was held as joint tenancy, tenancy by the entirety, or in your parent’s sole name. If joint tenancy or tenancy by the entirety with right of survivorship, the surviving joint owner may take title automatically. If it was solely in your parent’s name, probate or a small‑estate procedure is likely required.
• Look for a Transfer‑on‑Death deed, survivorship deed, or beneficiary deed. These avoid probate if properly executed and recorded.

2. Gather key documents

• Certified copy of the death certificate (multiple copies).
• Original deed showing how title is held.
• Any known financial statements, mortgage info, tax bills, and a list of other assets and debts.
• Names, addresses, and birthdates for heirs and potential creditors.

3. Determine whether you can use Tennessee’s small‑estate process or must open probate

Tennessee provides streamlined procedures for small estates in some situations. If the total value of the decedent’s personal property and certain real property falls below the statutory threshold (and there are no complicating issues), you may use a simplified affidavit or summary process to claim the property. If the house is the major asset or there are debts, creditors, or disputes, the county probate court will usually require formal administration.

Start with the Tennessee Courts’ probate self‑help resources and forms for your county: https://www.tncourts.gov/programs/self-help/probate.

4. If formal probate is required: petition to open administration

1. File a petition for administration (sometimes called appointment of administrator or personal representative) in the county probate court where your parent lived.
2. The court will appoint an administrator (often a close family member). The administrator receives Letters of Administration (proof of authority).
3. The administrator inventories assets, notifies creditors, pays valid debts and taxes, and then distributes remaining assets according to Tennessee’s intestacy rules.

5. How intestate succession generally works in Tennessee

Under Tennessee intestacy rules, the estate passes to surviving spouse and/or descendants (children), or to other relatives if no spouse or descendants exist. The exact shares depend on who survives the decedent. The probate court follows Tennessee law to determine heirs and their shares.

For official state resources about probate and statutes, start at the Tennessee General Assembly and Tennessee Courts pages: https://www.capitol.tn.gov/ and https://www.tncourts.gov/.

6. Transferring the house into the heirs’ names

Once administration is complete (debts paid and the court approves distributions), the estate transfers the house by one of these methods:

• Administrator signs and records a deed conveying the property to the heirs (often a special administrator’s deed or deed approved by the probate court).
• If the court orders distribution, a court order directing the register of deeds to issue a new deed or directing the administrator to execute one is recorded with the county register.
• If heirs agree, they can take title as tenants in common, joint tenants, or in any form the heirs choose; consider tax and creditor exposure before choosing.

7. Timeline and costs

Simple small‑estate cases can be resolved in weeks; full probate administrations often take several months to a year (sometimes longer) depending on assets, creditors, and disputes. Costs include court filing fees, publication costs, bond premiums (sometimes), attorney fees (if you hire one), and costs to clear title (title company, surveys, liens).

8. When to get an attorney

Consider hiring a probate attorney if any of the following apply: the estate has significant debt or tax issues, the ownership of the house is unclear, multiple jurisdictions are involved, heirs disagree about selling or dividing the property, or you need help with filing and court procedures. An attorney can prepare pleadings, handle creditor notices, and ensure proper transfer and title insurance.

9. What if siblings disagree or someone won’t sign a deed?

If heirs disagree, the administrator or a co‑owner may ask the probate court to resolve disputes. The court can order sale of the property and divide proceeds if heirs cannot agree on keeping or dividing the house. Title companies will generally require clear probate documentation or a court order to issue title insurance.

Helpful hints

• Start at your county probate court clerk’s office. Clerks can explain local filing requirements and provide packet forms for opening an estate or using small‑estate procedures.
• Obtain several certified death certificates early. Many institutions require them to release accounts or transfer property.
• Check the deed and mortgage carefully. A mortgage stays with the property; heirs may need to refinance or agree how to handle the loan before title transfers.
• Use a title company or real estate attorney before recording any deed. They can perform a title search to reveal liens or encumbrances and advise how to clear them.
• Be realistic about costs and tax consequences before accepting property. A house can carry unpaid taxes, liens, or maintenance costs that exceed its value.
• If you want to sell quickly, consider asking the probate court to authorize a sale or obtain the heirs’ written consent to sell after title transfer.
• Keep an accurate inventory and receipts if you are the administrator. Courts require documentation of how estate funds were handled.
• When in doubt, consult a Tennessee probate attorney for an initial consultation. Many attorneys provide a short intake to explain options and likely costs.