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In Tennessee, there is no state gift tax. Gifts of real property in Tennessee are, however, subject to the federal gift tax, which the grantor is responsible for paying; however, if the grantor does not pay the gift tax, the grantee will be held liable [1].
If a minor child inherits property in Tennessee, outside of a trust, there needs to be a guardian of the estate named and appointed by the court to manage the property for the minor. The court will want to supervise the management of that property. They will require an accounting of any assets in the child's name.
Deed Transfer Taxes and Documentary Stamps in Tennessee - The current deed transfer tax is $0.37 per every hundred dollars of consideration (sales price). The purchaser customarily pays the deed transfer tax.
Tennessee law does not recognize transfer-on-death (TOD) deeds. In states that authorize them, TOD deeds allow real estate to automatically transfer to a named beneficiary upon the current owner's death. The advantage of TOD deeds is that they do not limit the owner's property rights during life.
Tennessee law recognizes three (3) forms of concurrent ownership: tenancy by the entirety; joint tenancy with right of survivorship; and tenancy in common.
Sole Ownership in Tennessee This means that spouses can buy, sell, or own property without the involvement of the non-owner spouse. The only exception to this is when using a deed of trust. A non-owner spouse would need to sign any deed of trust other than a purchase money deed of trust.
How to Transfer a Real Estate Title Write and Review the Deed. The next step is drafting the deed. ... Signing the Deed. Once all parties agree to the contents of the deed, you can move on to signing. ... Register the Deed. The final step is filing the deed with the county records office.
A warranty deed is the most common way to transfer title to real property in Tennessee. A recorded warranty deed conveys a complete interest in the real property with full warranties of title to the new grantee.