Probate and Title FAQs: What Happens to a Property When its Owner Dies?

When someone dies, their loved ones have a lot of questions. One drives more discussion—and causes more stress—than most: “What are we going to do about the house?” Your Tennessee title and probate attorney can help you sort through complex legal questions to better understand next steps.

Here are some important dates to keep in mind:

1. 60-days.  Real property cannot be transferred for at least 60 days from the date of death.  This is called the “wild deed” statute.  Someone has 60 days to record any deed that the Decedent may have signed to them.

2. 120-days.  Once a Will is probated, creditors will have 120 days from publication  to make a claim against the Estate to collect any debt.

3. 6-months.  A bona fide purchaser for value (BFP) or an arms-length transaction, can purchase the property free of claims from any creditor.

4. 12-months.  If you do not probate a Will or open an Estate, creditors have up to a year to file a claim against a decedent and open an estate to collect.  This only applies when an estate has not been opened.

First Things First: Do They Have a Will?

In Tennessee, who owns a decedent’s property after their death depends on whether a Will is in place. 

• If someone dies without a Will (intestate), their property passes to their heirs-at-law (their lineal blood relatives). 

• If they have a Will in place, property goes to the devisees of the Will (whoever they designate in their Will to receive the real property).

Navigating an estate and transfer of property ownership is never easy, but having a Will makes things a lot simpler. 

If They Have a Will…

If the decedent has a legally-binding Will, It’s time to get their Will probated. Without probate, a Will isn’t worth the paper it’s printed on, and the heirs can’t legally do anything with the decedent’s property. 

In Tennessee, a Will has power once it is filed and accepted by the Probate Court of the County of the residence of the decedent. Usually, the real property passes outside the probate estate and is not under the control of the Executor unless the Will specifically gives that authority to the Executor and the real property is treated as personal property.

To get a will probated, you’ll need:

• Death Certificate.

• TennCare Clearance

• Published Notice to Creditors: Usually done by the Court, to run for 120 days.

The probate process usually takes approximately six months to a year to complete from beginning to end.

Once you know if they have the power of the Court behind the Will, you can move forward accordingly.

If They Don’t Have a Will…

If the decedent dies intestate (without a will), their heirs will need to take the following steps:

• Get a Death Certificate:

• Get TennCare Clearance:

• Get an Affidavit of Ownership executed by an uninterested party: This is someone with no interest in the property, like a neighbor, a pastor, or a family friend 

Simplify Probate and Title Matters: Work with One Attorney

When dealing with property in an estate, working with a Tennessee probate and title attorney simplifies communication and makes the path forward clearer. There’s already enough on your plate when a loved one dies. Let us handle the legal headaches so you can focus on remembering them and honoring their final wishes. To schedule a free consultation with Blue Note Title, contact us today.