How to Transfer Property After Death Without Will in Tennessee

As the personal representative of an estate in Tennessee, one of your primary responsibilities will be to transfer estate property either to its rightful heir(s) or to sell it and use the proceeds to settle estate debts.

However, if the deceased individual did not leave behind a valid will, you might find yourself unsure about who should inherit the property. In this comprehensive guide, we will take you through each step involved in transferring property after death without a will in Tennessee.

We will cover everything from understanding probate's role to exploring the methods for distributing real estate and automobiles. By following this guide, you will have all the information you need to successfully navigate this process.|

In the state of Tennessee, when a person passes away without leaving behind a will, the laws of intestate succession as outlined by the Tennessee Code §31-2-104, come into play to determine how their property is distributed/or inherited.

Let me provide you with a simplified breakdown:

Surviving Spouse: If the deceased individual has a surviving spouse but no children (known as "issue" in legal terms), the entirety of their estate is inherited by the surviving spouse. In situations where there are surviving children, the spouse is entitled to either one-third of the estate or an amount equal to what any child would receive, whichever is greater.

Children: If there is no surviving spouse or after the allocated share for the spouse, any remaining portion of the estate goes to the children of the deceased. If all these children belong to be same generation (direct descendants of the departed individual), they will equally divide and inherit from that estate. However, if there happen to be grandchildren (i.e., more distant relatives), they inherit through representation, dividing amongst themselves what their parent -the child of those who passed- would have received.|

Parents: If the deceased had no issue (spouse or children) the parents of the deceased are next in line to inherit.

Siblings: If there is no surviving spouse, children, or parents, the siblings of the deceased would be next in line to inherit.

Other Relatives: If there are no immediate family members (spouse, children, parents, or siblings), the assets are distributed to other relatives in a specific order defined by the law.

Escheat to the state: Tennessee's intestate law is created so that whoever is even remotely related to the deceased will inherit. However, in the odd case where the deceased had no surviving spouses, children, parents, siblings or relatives - the estate will "escheat" to the state.

Common Scenarios for Property Distribution:

To simplify the understanding of property distribution in Tennessee in case of intestate death, we've compiled a table of common scenarios:

These are just some of the common property distribution scenarios you may encounter. For more detailed information about succession rights in Tennessee, continue reading this article.

Once the rightful heirs are determined following intestate law, the personal representative can begin the property transfer/transfer of title process.

If a person passes away without leaving a will in Tennessee, the real property they owned is immediately transferred to their heirs. This process is facilitated using an “Affidavit of Heirship”.

Using the Affidavit of Heirship To Transfer Real Property

Here’s a simplified guide on how to use this affidavit for transferring real property:

1. Understanding the Affidavit of Heirship: This is a legal document recognized by Tennessee law under T.C.A. 30-2-712. It officially records the transfer of property ownership from the deceased to their heirs.

2. Contents of the Affidavit: The affidavit should include:
   a.The legal description and map parcel number of the property.
   b. The names, addresses, and relationships to the deceased of all the heirs.
   c. The tax bill address for tax statements on the property (if not followed by a recorded deed from one or all heirs).
   d. A reference to the title document that initially granted the property to the deceased, including the type of document, book, page, and recording date.

3. Who Can Complete the Affidavit?: Any person who has knowledge of the facts mentioned in the affidavit can act as the affiant - the person making the sworn statements contained in the affidavit.

4. Recording the Affidavit: Once completed, the Affidavit of Heirship accompanies with a death certificate needs to be recorded with the appropriate authority. This gives public notice of the change in title following the property owner’s death

Required Documents and Steps for Transferring Real Property:

Certain documents must be filed with the probate court to transfer real property after an intestate death in Tennessee. These include:

1. Petition for Probate: Initiating the probate process requires filing the petition for probate with the probate court. Taking this action is an important first step in fulfilling your legal obligations. The petition content can be found in Tenn. Code Ann. § 30-1-117.

2. Letters of Administration: Once the petition is approved, the court will issue letters of administration to the person appointed as the personal representative or administrator of the estate.

3. Inventory and Accounting Statements: The personal representative or administrator has the task of creating a comprehensive inventory of all possessions belonging to the deceased, such as furniture, jewelry, artwork, and collectibles. Each item should be listed with accurate descriptions, location, and an approximate value.

4. Deed Preparation and Recording: The personal representative must draft a deed to formally transfer ownership of the real estate property in question to the rightful heirs. Once this is done, they need to record it at their local county register of deeds office for legal completion and recognition.

Supplied by the Department of Revenue, Tennessee uses the "Affidavit of Inheritance" (not to be confused with Affidavit of Heirship) to transfer vehicle titles in an intestate estate simpler.

In this section we'll walk you through the steps of filing the affidavit of inheritance to successfully transfer a vehicle to it's rightful heir.

Documents Needed to Transfer Vehicle Title:

To file for the affidavit of inheritance, you need the following documents:

1. The Affidavit of Inheritance form
2. The existing vehicle title
3. A copy of the death certificate

Who Files

In most cases, the personal representative of the estate files the Affidavit of Inheritance. This includes anyone who has a vested interest in the vehicle if the deceased left no will and there is no surviving spouse.

To ensure it's validity, all heirs must sign the Affidavit of Inheritance. If an heir is not present at the time of the execution of the affidavit, separate affidavit must be attached - relinquishing their claim to the vehicle, or a power of attorney granting authority for another to sign for them. Rule 1340-5-13-.02(2)(b), Tenn. Code Ann. § 55-4-101

Step-by-Step Walkthrough of How to File the Affidavit of Inheritance

1. Obtain Affidavit of Inheritance form from the Tennessee Department of Revenue, or the local county clerk's office.
2. Accurately fill out the form. Provide information about the vehicle, which also includes debts or liens, and then get the required signatures from the rightful heirs.
3. File the affidavit: Along with the vehicle's existing title and a copy of the deceased's death certificate, file the Affidavit at your local county clerk office.

Need help with estate property transfer?

Navigating property transfer without a will in Tennessee is not only daunting but also laden with complexities due to the state's intestate succession laws and probate procedures.

While the statutory framework provides a basic roadmap, it is not enough. This is where ClearEstate come's in.

Our expertise in estate settlement in Tennessee, we can ensure peace of mind, saving you invaluable time and potentially large sums of estate money by avoiding costly errors.

Why leave anything to chance? Take control of your future today. Book a free consultation with us today, and let our experienced team guide you every step of the way to successfully administer the estate in accordance with Tennessee law. Don’t navigate these murky waters alone.