Disclaimer: This article is for educational purposes only and does not constitute legal advice.
In Tennessee, when a person dies intestate (without a will), state law dictates how their real estate passes to heirs. This process involves probate, appointment of an administrator, and a court order to transfer title. Below is an overview of the steps to transfer title for an inherited home under Tennessee intestate succession laws.
Detailed Answer
1. Identify Intestate Heirs
Under Tennessee’s intestacy rules, the home passes to heirs in a specific order. The surviving spouse and children share first (T.C.A. § 31-2-101). If there is no spouse or descendants, the property goes to other relatives, such as parents or siblings.
2. Open Probate and Appoint an Administrator
A probate petition must be filed in the county where the decedent lived. The court issues letters of administration to an appointed administrator (T.C.A. § 30-2-301). The administrator handles estate duties, including settling debts and managing assets.
3. Use a Small Estate Affidavit (Limited to Personal Property)
If the decedent’s personal property totals less than $50,000 (excluding real estate), heirs may use a small estate affidavit instead of full probate (T.C.A. § 30-2-401). Note: this procedure does not transfer real estate, so formal administration usually remains necessary for a home.
4. Obtain Court Approval for Distribution
After creditor claims close and debts are paid, the administrator files a petition for distribution. The probate court issues an order determining each heir’s share of the home.
5. Execute and Record the New Deed
Using the distribution order, prepare a new deed naming the heirs as grantees. All required parties must sign. Finally, record the deed at the county register of deeds to update the title.
Helpful Hints
- Collect birth, marriage and death certificates to confirm heirship.
- Consult a probate attorney to streamline filings and avoid errors.
- Review your local probate court’s rules and fee schedules online.
- Notify all potential creditors to limit estate liability.
- If heirs can’t agree on distribution, consider a court partition action.