Tennessee PETITION - for Probate of Will forMunimentof Title (Probate)
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FAQ
Tennessee law does not give a deadline for submitting a will to probate after someone dies. However, if a will is not submitted to probate, the court will treat the decedent's estate as if a will never existed. The decedent's property gets distributed ing to Tennessee's laws of intestate succession.
Tennessee probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.
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.
Affidavits of Heirship in Tennessee To make the transfer official (and to re-title the deed), the heir must file an affidavit of heirship with the Register of Deeds. You do not generally need to complete any other steps or deal with probate.
Even though Tennessee doesn't require an attorney for probate, it can be helpful to seek legal counsel from an estate attorney. The exception to this rule is in Davidson County, which is Nashville. All filings must be done by a licensed attorney for probate.
To provide an idea of what to expect, here are some costs taken from the Nashville probate court fees published as of early 2023: Petition to probate a will: $289.50. Petition for conservatorship or guardianship: $219.50. Small estate affidavit (with a will/without a will): $105.50/$100.50.
Not all assets need to go through probate. Only assets that the deceased person owned in his or her own name, alone, must go through probate. All other assets pass to new owners without oversight from the probate court. Assets that go through probate make up what's called the "probate estate."
Requirements for a muniment of title are: The person who died must have owned real property at his death. The real property must be the only asset(s) that the deceased owned, excluding personal property. The deceased must have a validly executed will.