Detailed Answer — Who inherits and who owns the property after a grandparent dies (Tennessee)

Short answer: Ownership depends on whether your grandparent left a valid will or whether the property passes by title (joint ownership, deeded beneficiary, trust) or by Tennessee intestacy law if there is no valid will. The first practical step is to locate a will and check county property records, then contact the local probate court to determine whether an estate administration has been opened.

Step-by-step process

1. Confirm death and obtain certified death certificate copies. You will need certified copies to deal with banks, the probate court, the register of deeds and other agencies. The funeral home or county health department can issue these.
2. Look for a will or trust documents. Ask family members, check personal papers, a safe deposit box, or the deceased’s attorney. If a trust exists, property held in the trust typically avoids probate and follows the trust terms.
3. Check how the title to the property is held. Visit the county Register of Deeds office (where the property is located) or the county website and look up the deed. Common possibilities:
• Property held solely in the grandparent’s name typically must pass through probate or small‑estate procedures.
• Property held as joint tenants with right of survivorship or with a deeded co‑owner usually passes automatically to the surviving joint owner(s).
• Property with a transfer-on-death beneficiary (if used in that county/state) or a life estate will pass according to those recorded documents.
4. Contact the probate court where the grandparent lived or where the property is located. If there is a will, the executor should file it with the probate court and open probate. If there is no will, someone (often a close family member) can open an intestacy administration. Probate courts can tell you whether a case is open and who the personal representative (executor/administrator) is. Tennessee probate court resources: Tennessee Administrative Office of the Courts — Probate Courts.
5. If there is no will: intestate succession rules apply. Tennessee law specifies the order of priority for heirs when someone dies intestate (without a valid will): surviving spouse, descendants (children, grandchildren), parents, siblings, and further relatives. The specific shares and order are governed by Tennessee’s intestacy statutes. See the Tennessee Code for intestate succession provisions. For the official code, search the Tennessee Code Annotated on the Tennessee General Assembly website: https://www.capitol.tn.gov/. (Search for “intestate succession” or “succession”)
6. Use probate records to identify heirs. When an estate is opened, the appointed administrator or executor typically must identify and notify potential heirs and creditors. Probate filings (petitions, inventories, lists of heirs) become public records and can help you confirm who the court recognizes as heirs.
7. Title search and chain of title. A professional title search or a title company can confirm current ownership and reveal liens, mortgages, recorded wills or trusts, and other encumbrances. This is especially important before anyone attempts to sell or transfer property.
8. Small‑estate or summary procedures. Tennessee provides simplified procedures for transferring certain personal property and sometimes real property when the estate falls under statutory limits or when no probate administration is necessary. Contact the probate court to ask whether simplified procedures apply.

Common factual scenarios and what they mean

No will and property only in grandparent’s name

Probate administration is usually required. The probate court will appoint an administrator and distribute assets according to Tennessee intestacy law. Public records from the court will identify the appointed administrator and the heirs.

There is a will

If a valid will names beneficiaries, the executor files the will with probate court and follows the will’s instructions subject to Tennessee law and valid claims by creditors. The probate file will show the executor and the beneficiaries named.

Property held jointly or with right of survivorship

That property usually passes automatically to the surviving joint owner(s) — it may not be part of probate. A certified death certificate and an affidavit or an updated deed recorded with the register of deeds will usually be needed to clear title.

Property in a trust

If property is titled in a revocable living trust, the trustee follows the trust document to transfer title. Trust property generally avoids probate. Ask family members for trust documents or search recorded notices of trust or trustee powers.

How heirs are determined under Tennessee law (overview)

If someone dies without a will, Tennessee law groups potential heirs into priority classes and distributes the estate to the highest-priority surviving class. Typical priorities (in simplified form) are:

• Surviving spouse and descendants (children/grandchildren)
• Parents
• Siblings and their descendants
• More remote relatives (grandparents, aunts/uncles, cousins) if no closer heirs exist

The law controls how shares are allocated (for example, whether the spouse shares with descendants and how descendants divide the share). For the official statutory language and to see how shares are computed, consult the Tennessee Code Annotated via the Tennessee General Assembly website: https://www.capitol.tn.gov/ (search for “intestate succession” or relevant sections of the Code).

When to call an attorney

Consider consulting a Tennessee probate or real estate attorney if any of the following apply:

• Multiple people claim ownership or heirship and cannot agree.
• The estate has significant assets, real property, business interests, or debts.
• Title defects, liens, or disputes over the validity of a will or a trust exist.
• You need to initiate probate or defend against a claim.

An attorney can run a title search, prepare filings for probate court, draft heirship affidavits, and negotiate disputes.

Key Tennessee resources

• Tennessee Administrative Office of the Courts — Probate Courts: https://www.tncourts.gov/programs/probate-courts
• Tennessee Code Annotated (official website for state statutes): https://www.capitol.tn.gov/ (search for “intestate succession” and other probate statutes)
• County Register of Deeds (for deeds and recorded ownership) — search your county’s official website or visit the county office where the property sits.

Practical next steps you can take today

1. Get several certified death certificates.
2. Search the grandparent’s papers, safe deposit boxes and ask family if they know of a will, trust, or attorney for the grandparent.
3. Visit the county Register of Deeds to pull the property deed.
4. Call the local probate court to ask whether a probate case exists and how to open one if needed.
5. Consider hiring a probate or real estate attorney or a title company to confirm ownership and handle transfers.

Helpful Hints

• Start at the probate court — it’s the central hub for estate administration records.
• Bring a certified death certificate when you contact banks, the register of deeds, and the probate office.
• Keep copies of all records you collect: deeds, wills, probate filings, and correspondence.
• Title searches and title insurance are valuable when property transfers are on the table. They reveal recorded issues that could block sale or transfer.
• If family members cannot agree on who is an heir, do not sign deed transfers or quitclaim deeds until the matter is resolved or until an administrator authorized by the court acts.
• Be cautious of scammers who target estates. Verify any service provider, and when in doubt, consult the probate court or an attorney.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Tennessee attorney.