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Detailed Answer

Including real property in a decedent’s estate in Tennessee requires clear title, proper transfer documents, and compliance with probate procedures. Follow these steps to ensure the property passes successfully to your heirs:

1. Confirm Ownership and Title Status. Review the current deed and title report. Ensure the decedent held clear legal title at death. If liens or encumbrances exist, resolve them before or during probate.
2. Select the Transfer Method. You can transfer real property by will, trust or deed.
   • If using a will, include a specific devise of the real property. The will must meet execution requirements under Tenn. Code Ann. § 32-1-104.
   • If using a revocable trust, retitle the property into the trust before death by executing a new trustee deed.
   • If using a deed (e.g., joint tenancy or Lady Bird deed), prepare and sign it per Tenn. Code Ann. § 66-5-101 (Deeds; formal requisites).
3. Execute and Record Transfer Documents. A deed conveying real property must be signed by the grantor, notarized, and filed with the county register of deeds. Recording provides public notice and protects the new title holders.
4. File for Probate (if passing by will). Submit a petition for probate of the decedent’s will or for letters of administration with the local county probate court. Under Tenn. Code Ann. § 30-2-102, the court appoints a personal representative (executor or administrator).
5. Inventory and Appraise All Assets. Within 90 days of appointment, the personal representative must file an inventory listing all real property and personal assets under Tenn. Code Ann. § 30-2-306. This step establishes the estate’s value and notifies creditors.
6. Settle Claims and Pay Debts. Notice to creditors must meet timing requirements under Tenn. Code Ann. § 30-2-307. The personal representative pays valid debts and taxes before distributing any real property.
7. Distribute the Property. After debts and expenses, the personal representative transfers title to the beneficiaries as directed by the will or by intestate succession under Tenn. Code Ann. § 31-2-101 et seq.. The executor executes a new deed conveying the property to each heir.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.

Helpful Hints

• Obtain a preliminary title report to identify issues early.
• Use certified copies of death certificates when recording probate documents.
• File probate paperwork promptly to avoid delay and extra costs.
• Keep detailed records of all estate expenses and distributions.
• Consult a probate attorney if the estate includes liens, multiple properties or out-of-state real estate.