Tennessee Order Confirming Sale of Real Property

State:
Tennessee
Control #:
TN-CN-28-08
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A09 Order Confirming Sale of Real Property
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Maximum $50,000. Laws Section 30-4-102. Step 1 Write in the name of the decedent. Step 2 Write in your name. Step 3 Write in the following information about the decedent: Step 4 List the creditor, address and amounts of any unpaid debts.

Real Estate: Muniment of Title is a legal action used to legally transfer clear title of one type of property (for assets such as real estate, a bank account, or a stock account) to a beneficiary. This procedure is appropriate only if the decedent executed a valid Will.

Tennessee does not allow real estate to be transferred with transfer-on-death deeds.

This four-month period must pass before the estate can be closed. Even under the best of circumstances, a simple estate will usually take at least six months to close.

When a Will is probated as a Muniment of Title, no executor or executrix is appointed to administer the estate.Muniment of title probate is a simpler way to establish the validity of the Will and pass title to the beneficiaries named in the Will.

Probate gives someone--usually the surviving spouse or other close family member--legal authority to gather the deceased person's assets, pay debts and taxes, and eventually transfer assets to the people who inherit them. Probate in Tennessee commonly takes six months to a year.

Under Tennessee law, real property is not included in the probate estate and vests immediately in the heirs or devisees upon death of the owner, unless the will specifically directs for the real property to be administered through the estate and gives the executor the powers and authority to do so.

In most states, however, there is the option to use a small estate affidavit when the assets of the estate are under a certain dollar amount, which varies by state. An attorney is not required to file a small estate affidavit, although it may be helpful to consult with one prior to filing the small estate affidavit.

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Tennessee Order Confirming Sale of Real Property