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Tennessee FAQs

Are Transfer on Death Deeds (aka Beneficiary Deeds) Legal in Tennessee?


My parent passed away in another state but owns property in Tennessee?  How do I get it transferred to me?

You can open an ancillary probate in Tennessee or, in some cases, we can record an exemplified copy of the will (after being accepted by the probate court) as a Muniment of Title.  If your parent did not have a will, recording an Affidavit of Heirship might work, but that is not the best choice if you plan to sell within six years.

Who inherits if I die without a will?

This is called dying "intestate", and there are laws that specify who inherits.  The persons that inherit are called "heirs at law".  For a chart showing how intestate heirs are determined in Tennessee, click here

Is there such a thing as a "land trust" in Tennessee?

No, but the same results can be achieved using other estate planning devices.  For more information, click here.

What is the deadline for filing a creditor's claim against a decedent's estate in Tennessee?

Unexpired claims against a decedent's estate must be filed in probate court the earlier of (1) four (4) months from the date of the first publication (or posting, as the case may be) of the Notice to Creditors if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting) [or sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting)], or (2) twelve (12) months from the decedent's date of death.  However, these limitations periods do not apply to Tenncare claims for reimbursement and claims for state taxes.

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