Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
When a parent dies owning real estate solely in their name, you must follow Tennessee law to confirm who now owns the property. Here are the key steps:
1. Review the Deed and Title Records
Visit the county Register of Deeds or use its online portal to view the recorded deed. Confirm the decedent’s name, property description and any existing liens or mortgages.
2. Check for a Will or Trust
If your parent created a will or trust, it may specify the property’s new owner. A valid will must go through probate in the county where the property lies. See Tenn. Code Ann. § 30-2-101 et seq. (https://law.justia.com/codes/tennessee/2019/title-30/chapter-2/section-30-2-101/).
3. Understand Intestate Succession
If no will exists, state intestacy rules govern. Under Tenn. Code Ann. § 31-2-104 (https://law.justia.com/codes/tennessee/2019/title-31/chapter-2/section-31-2-104/), children typically inherit property in equal shares. If your parent was married, the surviving spouse may also share in ownership.
4. Open Probate Administration
File a petition in the local Probate Court to appoint a personal representative. That person inventories assets, pays debts and distributes property under the will or intestacy statutes. After probate closes, the representative records a new deed transferring title to the heirs.
5. Use a Small Estate Affidavit
If real property in your parent’s estate falls below the small estate threshold (generally under $100,000 in real property value and $50,000 in personal property), you can avoid full probate. Tenn. Code Ann. § 30-2-601 (https://law.justia.com/codes/tennessee/2019/title-30/chapter-2/section-30-2-601/) lets qualified heirs file an affidavit to transfer title directly.
Helpful Hints
- Order several certified death certificates immediately after the funeral home files the death certificate.
- Contact the county Register of Deeds to learn recording fees and required forms.
- Visit the Probate Court clerk’s office to get probate packet forms and fee schedules.
- Keep copies of every document you file, including petitions, notices and affidavits.
- If you face complex issues—multiple heirs, tax concerns or creditor claims—consider retaining an estate or real estate attorney.