Affidavit of Heirship in Tennessee
Whether Tennessee lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: No statute for real estate was confirmed. In Tennessee, heirs are identified in the verified petition for letters filed with the probate court, and a will may be probated as a 'muniment of title' to pass real estate without full administration. Tenn. Code Ann. §§ 30-1-117, 32-2-111
| Affidavit / determination of heirship | No statute for real estate was confirmed. In Tennessee, heirs are identified in the verified petition for letters filed with the probate court, and a will may be probated as a 'muniment of title' to pass real estate without full administration. For vehicles only, the Department of Revenue uses an Affidavit of Inheritance signed by all heirs. Official code not freely readable online; text from a public code mirror (code year 2024). |
|---|---|
| Who inherits without a will | Surviving spouse: the entire estate if the decedent left no descendants; if there are descendants, the greater of one-third or a child's share of the estate. The rest (or everything, if there is no spouse) passes to the decedent's descendants (by representation if of unequal degree); if none, to the parents equally; if none, to brothers and sisters and the descendants of deceased siblings; if none, half to the paternal grandparents or their descendants and half to the maternal side (all to one side if the other has no survivors). Official code not freely readable online; text verified on a public code mirror (code year 2024). Source: Tenn. Code Ann. § 31-2-104 |
More Tennessee estate law
- Medical Power of Attorney in Tennessee
- Small Estate Affidavit in Tennessee
- Power of Attorney in Tennessee
- Quitclaim Deeds and Transferring Property in Tennessee
- Who Inherits If You Die Without a Will in Tennessee
- How to Make a Valid Will in Tennessee
- How Probate Works in Tennessee
- Living Wills and Advance Directives in Tennessee
- Revocable Living Trusts in Tennessee
- Executor Duties in Tennessee
- Letters Testamentary in Tennessee
- How to Avoid Probate in Tennessee
- Transferring a Car After Someone Dies in Tennessee
- All Tennessee wills, probate and estate rules
FAQ
Does Tennessee have an affidavit of heirship?
No statute for real estate was confirmed. In Tennessee, heirs are identified in the verified petition for letters filed with the probate court, and a will may be probated as a 'muniment of title' to pass real estate without full administration. For vehicles only, the Department of Revenue uses an Affidavit of Inheritance signed by all heirs.
Who inherits if someone dies without a will in Tennessee?
Surviving spouse: the entire estate if the decedent left no descendants; if there are descendants, the greater of one-third or a child's share of the estate. The rest (or everything, if there is no spouse) passes to the decedent's descendants (by representation if of unequal degree); if none, to the parents equally; if none, to brothers and sisters and the descendants of deceased siblings; if none, half to the paternal grandparents or their descendants and half to the maternal side (all to one side if the other has no survivors).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.