Detailed Answer
When someone dies in Tennessee, their property divides into non-probate and probate assets. Real estate held in joint tenancy or tenancy by the entirety passes automatically to the surviving owner. Tennessee law recognizes these transfers Tenn. Code Ann. § 66-1-109. Likewise, a valid transfer-on-death deed (TOD deed) lets you name a beneficiary who inherits outside probate under Tenn. Code Ann. § 66-1-110.
However, any property owned solely in your name—real or personal—must usually go through probate. Probate gives the court a chance to approve your will, appoint a personal representative, settle debts, handle taxes, and distribute assets per your wishes. The court appoints an executor or administrator under Tenn. Code Ann. § 30-2-301, then issues orders of distribution under Tenn. Code Ann. § 30-2-401. Without probate, heirs may face title issues, creditor claims, or disputes over personal property.
For example, suppose Alice and Bob hold their family cabin as joint tenants with rights of survivorship. On Alice’s death, Bob automatically owns the entire cabin without probate. But if Alice owned a rental home in her sole name, that property must go through probate to transfer clear title to her heirs or beneficiaries under her will.
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Helpful Hints
- Confirm how each property is titled: joint tenancy, tenancy by the entirety, or sole ownership.
- Consider a transfer-on-death deed to avoid probate for specific real estate.
- File probate within one year to avoid late-filing claims (Tenn. Code Ann. § 30-2-305).
- Prepare a full inventory of assets and debts for the probate court.
- Notify known creditors promptly to limit post-probate claims.
- If the estate is small (under $50,000), explore simplified procedures under Tenn. Code Ann. § 30-2-101.
- Obtain certified copies of probate orders to record real estate transfers.