How to treat assets that passed to your mother by right of survivorship in Tennessee probate

This FAQ explains whether you must list assets that passed automatically to your mother by right of survivorship on a Tennessee probate inventory. The answer depends on whether the property became part of the decedent’s probate estate. This is an educational guide only — not legal advice. For decisions about a specific estate, consult a Tennessee attorney.

Short answer

Generally no — if an asset passed automatically to your mother by right of survivorship (for example, a joint bank account titled with rights of survivorship, or a joint tenancy or tenancy by the entirety that names your mother as the surviving owner), that asset typically does not become part of the decedent’s probate estate and therefore does not normally belong on the probate inventory as an asset of the estate.

Why: probate assets vs. non‑probate assets

Tennessee law requires the personal representative to inventory the decedent’s probate assets so the court, beneficiaries and creditors can see what the estate owns and how it may pay debts or be distributed. Assets that pass outside probate by operation of law — including many joint‑tenancy accounts and other survivorship transfers — usually skip probate and become the surviving owner’s property immediately at death. Because they are not part of the probate estate, you typically do not list them on the estate inventory as estate property. See Tennessee probate law overview: Title 30, Chapter 2 (Probate procedure) — https://www.capitol.tn.gov/titles/30/chapter-2.html

Common examples

• Joint bank account with right of survivorship: funds usually belong to the surviving joint owner on death and are not estate property.
• Joint tenancy in real property that includes right of survivorship: the property passes to the surviving co‑tenant and generally is not part of probate.
• Payable‑on‑death (POD) or transfer‑on‑death (TOD) designations and named beneficiaries on retirement accounts or life insurance: those proceeds normally pass to the named beneficiary outside probate.
• Trust assets: assets owned by a revocable or irrevocable trust are typically administered under trust law and not listed as probate estate property.

When you should still tell the court or include the item on the inventory

Even when an asset appears to pass outside probate, there are situations where you should disclose it to the court or include it in the paperwork you file:

• Unclear title or conflicting documents. If ownership is disputed or the paperwork is ambiguous, list the asset and explain the situation so the court can resolve it.
• Claims by creditors. If creditors might have a valid claim against funds in a jointly held account (for example, if the account was actually used as the decedent’s personal account), the court may require disclosure so creditors have a chance to assert claims.
• Estate administration convenience. Personal representatives often disclose nonprobate assets in a separate statement so the court record shows all known transfers and so beneficiaries and creditors know what did and did not pass through probate.
• Local court practice. Some Tennessee probate courts expect more complete disclosures; the personal representative should follow the court’s local rules or the judge’s instructions.

Practical steps to take

1. Gather documents: deeds, bank statements, account signature cards, beneficiary designations, trust instruments, and the decedent’s will (if any).
2. Check account titles and beneficiary listings to confirm whether an asset was owned jointly with survivorship or had a POD/TOD or beneficiary designation.
3. Contact the bank, title company, or account custodian. They can tell you how they treat the account after a death and what documents (e.g., death certificate, letters testamentary/letters of administration) they will require to transfer title or release funds.
4. Prepare a clear inventory of probate assets. For nonprobate items, prepare a short separate disclosure (or include a note on the inventory) that lists those assets and explains why they are not part of the probate estate.
5. When in doubt, disclose. If you are unsure whether to list an item, disclose it and explain the basis for treating it as nonprobate — that helps avoid later disputes or accusations of concealment.
6. Consult a Tennessee probate attorney when the situation is contested or complex (e.g., suspected fraud, unclear titles, or significant creditor claims).

Hypothetical examples

Example 1 — Joint bank account with survivorship: John and his mother Mary held a joint checking account expressly titled “John A. Doe AND Mary Doe, JTWROS”. John dies. The bank transfers the account balance to Mary as surviving joint owner. The funds are not probate assets and do not need to be listed on the estate inventory as estate property. Still, the personal representative may note the account and transfer in the probate filing for transparency.

Example 2 — Joint account used as decedent’s personal account: Jane added her adult daughter Sarah to a checking account to help pay bills, but statements and deposits show Jane used it as her primary account. If Jane dies, a creditor or the estate might argue the account funds are reachable by the estate. In that case, list the account and the facts on the inventory and consult an attorney.

Where to look in Tennessee law

Tennessee’s probate statutes and court rules govern what must be filed with the probate court and how an inventory should be handled. See Title 30, Chapter 2 (Probate procedure) for the statutory framework: https://www.capitol.tn.gov/titles/30/chapter-2.html

Helpful hints

• If an asset passed automatically by survivorship, it generally is nonprobate and not part of the estate inventory — but still keep a record of the transfer.
• Document why you did or didn’t include an item. A short explanatory note on the inventory prevents later confusion.
• Obtain certified copies of the death certificate and letters testamentary/administration if a bank or title company requests them.
• Watch for “convenience” accounts. If the surviving co‑owner used the account mainly as a convenience, courts may treat funds differently.
• If creditors are active, be cautious: nonprobate transfers can sometimes be reached in specific circumstances. Get legal advice if creditor claims exist.
• Check local probate court procedures; judges sometimes ask for more disclosure than the statute strictly requires.

When to talk to a lawyer

Talk with a Tennessee probate attorney if:

• Title or beneficiary documents are ambiguous or missing.
• Creditors are asserting claims against jointly held assets.
• Someone contests whether an asset was rightfully held with survivorship rights.
• You are the personal representative and you want to make sure you meet Tennessee filing requirements and protect yourself from liability.

Again, this is educational information only and not legal advice. An attorney can review the documents, local rules, and facts and tell you exactly what to disclose in your Tennessee probate filing.