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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 heirshipNo 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 willSurviving 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).

More Tennessee estate law

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.