Detailed Answer
If the decedent’s estate first probates in another jurisdiction, you must open a Tennessee ancillary probate to transfer real property located in Tennessee. A personal representative or administrator appointed by the foreign probate court obtains ancillary letters of authority under Tenn. Code Ann. §§ 30-2-501 et seq.. Once ancillary letters are issued, the representative executes an Ancillary Personal Representative’s Deed (sometimes called an Ancillary Administrator’s Deed) to convey the property.
If the estate has fully distributed assets and the heirs hold title to their fractional interests, each heir can convey their share using a deed form accepted by Tennessee counties. Most deeds are either Quitclaim Deeds—which transfer whatever interest each heir holds without warranties—or General Warranty Deeds, which include seller guarantees against title defects.
Key elements of both an Ancillary Personal Representative’s Deed and an heir’s deed include: the decedent’s full name, the foreign probate court and case number, a precise legal description of the property, the ancillary court’s order or letters of authority, and the signature of the personal representative (for ancillary deeds) or all heirs (for heir’s deeds).
To record the deed, submit the original ancillary letters or certified copy along with the signed deed to the Register of Deeds in the Tennessee county where the land lies. Pay the required recording fees and state excise taxes. The office will assign a book and page number, creating public notice of the transfer.
Helpful Hints
- Confirm that the foreign probate court issued valid letters before filing ancillary documents in Tennessee.
- Obtain certified copies of ancillary letters and any court orders of distribution for inclusion with the deed.
- Use the same legal description as on the last recorded Tennessee deed to avoid boundary issues.
- Check the county register of deeds website for current recording fees and excise tax rates.
- Consider purchasing title insurance to protect the grantee against hidden claims or liens.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.