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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Tennessee for advice specific to your situation.

Detailed Answer

1. Identifying Real Property

Under Tennessee law, real property includes land, buildings, and fixtures attached to land. To identify real property owned by a decedent, the personal representative must:

• Review the decedent’s deed records at the county Register of Deeds.
• Confirm legal descriptions in title insurance policies or surveys.
• Examine tax assessments and mortgage statements.

Recorded deeds and land records ensure accurate identification and valuation.

2. Identifying Personal Assets

Personal assets cover bank accounts, investments, vehicles, household items, and digital property. The personal representative should:

• Request account statements from financial institutions.
• Search for vehicles or boats titled in the decedent’s name at the Tennessee Department of Revenue.
• Compile lists of jewelry, collectibles, and digital accounts (email, cloud storage).
• Locate safe-deposit box contents with court permission.

Documenting each asset with approximate value on the date of death is critical for an accurate inventory.

3. Preparing and Filing the Inventory

Under T.C.A. §30-2-307 (Inventory by Personal Representative), the personal representative must:

• Prepare a written inventory of all identified real and personal property.
• File the inventory with the probate court within 90 days after appointment.
• Include fair market values as of the decedent’s date of death.

4. Distribution under Intestate Succession

If the decedent died without a valid will, Tennessee’s intestacy statutes (T.C.A. §31-2-101 et seq.) govern distribution. Key rules under T.C.A. §31-2-104 (Distribution to Spouse and Issue) include:

• If there is a surviving spouse and no children, the spouse inherits all.
• If there is a spouse and issue all from that spouse, the spouse inherits the entire estate.
• If there is a spouse and issue not all from that spouse, the spouse receives one-half in real property and one-half of the personal estate; the remainder goes to the children equally.
• If there is no spouse but children, assets pass equally to children.
• If no spouse or descendants, assets go to parents, siblings, and more remote kin in order of priority.

For complete heir determination, see T.C.A. §31-2-102 (Determination of Heirs).