How do I file and record a new deed after my wife’s death so my child becomes the owner?

Short answer: The exact steps depend on how your wife held title before she died. Common paths are: (A) title passed automatically because the deed named a surviving owner (no probate required), (B) title passes by probate or administration and the personal representative signs a new deed to the child, or (C) a transfer-on-death document or heirship procedure controls. In most cases you will need to obtain a certified death certificate, confirm how title was held, and then either record an affidavit of survivorship or have the estate’s representative execute and record a deed with the county Register of Deeds.

Disclaimer

This is general information only and not legal advice. I am not a lawyer. For help tailored to your situation, consult a Tennessee attorney or the probate court in the county where the property is located.

Detailed answer — step by step under Tennessee practice

1) Get the certified death certificate and locate the deed

– Order several certified copies of your wife’s death certificate from the Tennessee Department of Health or the county health department. County recording offices usually require a certified copy to show the death.

– Find the recorded deed (the deed currently on file at the county Register of Deeds) and any related documents (e.g., a will, trust documents, prior deeds showing joint tenancy, or a transfer-on-death deed).

2) Determine how title was held

Which option applies drives the next steps:

• Joint tenancy or survivorship ownership: If the deed lists you or someone else as a joint tenant with right of survivorship (or tenants by the entirety where applicable), the surviving owner usually becomes sole owner automatically at death.
• Sole ownership: If the property was titled only in your wife’s name, the property will typically pass according to her will or by intestate succession (Tennessee intestacy rules) and the estate will require probate or administration unless another transfer method applies.
• Transfer-on-death (TOD) deed or trust: If your wife executed a valid transfer-on-death deed or placed the property in a trust, follow the terms of that instrument. (Check the recorded deed or trust documents.)

3A) If title passed automatically (surviving joint owner)

Action: Record proof of death and an affidavit of survivorship.

1. Prepare an affidavit or certificate of survivorship that states the deceased owner’s name, the date of death, and that you (or the surviving owner) are now the sole owner. Counties may provide sample forms or accept a simple notarial affidavit.
2. Attach a certified copy of the death certificate and a copy of the recorded deed that shows the joint ownership language.
3. Sign the affidavit before a notary and record the affidavit and death certificate at the county Register of Deeds where the property is recorded.
4. Pay recording fees. After recording you will have updated public records showing the surviving owner as the sole owner.

3B) If the property is subject to probate (was only in the decedent’s name)

Action: Open probate (if not already opened), secure appointment as personal representative or have the appointed representative sign a deed, then record the deed.

1. File the will (if one exists) with the probate court in the county where the decedent lived or where the property is located. If there is no will, file for administration under Tennessee probate procedures.
2. The probate court will appoint a personal representative (executor or administrator). The court issues letters testamentary or letters of administration (often called “letters”), which are certified documents proving the representative’s authority to act for the estate.
3. The personal representative signs a deed conveying the property from the estate to the child. The deed must contain the legal description, be properly signed, acknowledged before a notary, and usually reference the court appointment (attach certified letters or a court order). If the will specifically devises property to the child, the executor conveys pursuant to that direction; if intestate, the court’s distribution order or local practice governs.
4. Record the signed deed and required attachments (certified letters, death certificate, and any required court orders) at the county Register of Deeds. Pay recording fees and any applicable transfer fees.

3C) If a Transfer-on-Death deed, trust, or other non-probate device controls

Action: Follow the instrument’s instructions and record required documents.

• If there is a valid transfer-on-death deed, record a copy of the deed and the certified death certificate so the county record shows the named beneficiary (your child) as the beneficiary-owner.
• If the property was in a revocable trust, the successor trustee will transfer title to the child by signing and recording a trustee’s deed along with any required certifications or the trust instrument as required by the county.

4) Recording the new deed — general recording steps

1. Prepare a deed that meets Tennessee formalities (names, legal description, consideration clause, signatures, and proper notarial acknowledgment).
2. Attach any documents the Register of Deeds requires (e.g., certified Letters of Administration, court order, certified death certificate, or affidavit). The county may want a certified copy of the probate court order if the PR is distributing property under court supervision.
3. Visit the county Register of Deeds office where the property is located and pay recording fees. Some counties allow or require electronic recording (e-recording).
4. Save the recorded deed and provide the child with a recorded copy for their records and to show title for mortgage, insurance, or tax purposes.

5) Taxes, liens, and title issues

– Check for outstanding property taxes, mortgages, or liens. A mortgage must be paid or assumed; otherwise the lender may enforce its mortgage regardless of ownership transfer. A personal representative should disclose and address valid claims.

– There may be tax consequences (estate tax rarely applies in Tennessee now, but federal law may apply in larger estates). Also, reassessment or rollback taxes can affect property taxes when ownership changes—check with the county assessor.

6) When you can avoid probate

Situations that commonly avoid probate include joint tenancy with survivorship, a properly executed transfer-on-death deed, and property owned in a living trust. If none of those exist, probate generally is required to transfer real property titled solely in the decedent’s name.

Helpful links and resources (Tennessee official sources)

• Tennessee Code and statutes: https://www.capitol.tn.gov/
• Tennessee Court information (probate and local rules): https://www.tncourts.gov/
• Find your county Register of Deeds (county offices handle deed recording) — search your county government website or the county section of https://www.tn.gov/

Helpful hints

• Start by finding the recorded deed and obtaining multiple certified death certificates.
• Confirm the form of title as recorded — the recorded deed controls. The wording (joint tenants with right of survivorship, tenants in common, etc.) matters.
• If the deed is ambiguous, get a title search or speak with a real estate attorney or title company before recording anything.
• If probate is required, opening an estate promptly helps clear title: the personal representative will obtain authority to sign and transfer property legally.
• When preparing a deed, use the exact legal description from the recorded deed; mistakes can cloud title and require corrective actions later.
• Bring certified court letters, the death certificate, and the recorded deed to the Register of Deeds when recording to reduce delays.
• Consider using a title company to issue a new owner’s title insurance policy after recording to protect the child’s ownership against prior defects.
• If you expect disputes among heirs or complicated debts, consult a probate attorney before transferring the property.

Typical timeline and costs

– Timeline: If title passes by survivorship and you only need to record a death affidavit, you can usually complete the recording in days after you have certified documents. If probate is required, it can take several months to a year depending on estate complexity and creditor claims.

– Costs: Expect county recording fees (usually modest), notary fees, possible filing fees for probate, attorney fees if you hire counsel, and title insurance or title company fees if you use that service.

When to get legal help

• The estate is contested or heirs disagree about distribution.
• There are substantial debts, tax issues, or a mortgage to resolve.
• The deed language is unclear or you suspect fraud or forgery.
• You want to avoid mistakes that could cloud title or expose you to personal liability as a personal representative.

If you want, tell me (1) how the property was titled according to the recorded deed, (2) whether there is a will or trust, and (3) what county the property is in, and I can outline more specific next steps and documents you’ll likely need.