What steps do I need to take to re-record or update a joint survivorship deed after co-owners died (TN)

Detailed Answer — How to re-record or update a joint survivorship deed after co-owners died (Tennessee)

When joint owners die, Tennessee law may allow title to pass immediately to the surviving joint tenant(s) by right of survivorship. But the public record (the deed on file at the county register of deeds) will still show the old deed listing the deceased owner(s). To clear the chain of title and show the current legal owner(s), you typically must record documents that prove the deaths and the surviving owner(s)’ interest.

Step-by-step process

Find and read the recorded deed(s).

Locate the recorded deed in the county where the property is located. Look for language such as “joint tenants with right of survivorship,” “joint tenancy,” or “tenants by the entirety.” That language controls whether title automatically passed. If the deed instead created a tenancy in common, survivorship does not apply and a deceased owner’s share goes through probate or to their heirs.
Obtain certified death certificates.

Get a certified copy of each deceased co-owner’s death certificate from the vital records office or the funeral home. The register of deeds typically requires a certified death certificate (or an acceptable certified court record) to process changes based on death.
Confirm whether the right of survivorship applies.

If the deed plainly creates a survivorship estate, then the surviving joint owner(s) already own the property by operation of law. If the deed lacks survivorship language, the deceased owner’s interest may be part of their probate estate.
Create and sign an affidavit or survivorship certificate (if available).

Many Tennessee counties accept a signed, notarized affidavit by the surviving joint tenant called an “Affidavit of Survivorship,” “Affidavit of Death of Joint Tenant,” or similar. The affidavit states the deceased person’s death and declares that the surviving person now owns the property. Attach a certified death certificate and a copy of the recorded deed.
Record the affidavit and supporting documents at the county Register of Deeds.

Bring the affidavit, certified death certificate(s), and a copy of the recorded deed to the Register of Deeds in the county where the property lies. The Register will record those documents and thus update the public record to show the surviving owner(s). Recording procedures, fees, and acceptable affidavit language vary by county—call the local office first.
Update property tax and insurance records.

After recording, notify the county property assessor and the homeowner’s insurance company to update ownership and billing records.
Address mortgages, liens, or title company issues.

If the property has a mortgage or other liens, those remain encumbrances. The mortgage lender may require additional documentation. If a title company issued a policy, contact them—your policy or title company may have claims procedures or recommended steps.
If no surviving joint owner exists or ownership is disputed, consider probate or a quiet-title action.

If all co-owners died or the deed did not create survivorship, you will likely need to handle ownership through probate (to transfer title under a will or intestacy) or file a court action (quiet title) to resolve competing claims. Small-estate procedures may apply in limited-value estates.

Where Tennessee law and local practice matter

Tennessee recognizes conveyances and real property recording rules in the Tennessee Code. Practical recording requirements and accepted affidavit forms vary by county register of deeds. For statutory background and to search code sections, see the Tennessee Code and the Tennessee court self-help pages:

Common forms and documents you may need

Certified death certificate(s).
Copy of the recorded deed showing the joint owners.
Affidavit of Survivorship / Affidavit of Death of Joint Tenant (notarized).
Recorded copy of a small estate affidavit or probate letters (if probate was opened).
Court order transferring title (if a court proceeding was necessary, e.g., probate or quiet-title).

When to involve an attorney

Contact an attorney if any of the following apply:

Title language is unclear (you can’t tell whether survivorship applies).
Multiple heirs or claimants dispute ownership.
Liens, mortgages, or creditor claims complicate transfer.
You need to open probate or pursue a quiet-title action.

Helpful Hints

Call the county Register of Deeds before you go — ask which affidavit form they accept and what fees apply.
Keep certified death certificates in a safe place and get extra copies; many agencies require originals or certified copies.
If the deed names spouses as “tenants by the entirety,” survivorship rules for married couples may differ—check county practice and consider legal advice.
Recordings are public. After you record, get a certified copy of the recording and keep it with the property records.
If you find errors in the original deed (misspelled names, incorrect legal description), you may need a corrective or reformation deed—your county register’s staff or a real estate attorney can advise.
If clouded title or competing claims exist, a quiet-title action usually resolves ownership but requires a court process and legal representation.
For small estates, Tennessee has simplified probate processes. Check Tennessee Courts self-help resources for small-estate options.

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