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My father passed without a will and owned property in TN deed says his heirs and assigns can we sell without probating in court

Johnson City, TN |
Attorney answers 1


It depends -- did your father own other property (such as $ in the bank or valuable personal property) titled solely in his name? If so, you will need to probate his estate. If the real estate you described in your question is the only property he owned at his death that was subject to probate, then you could record an affidavit of heirship in the Register's office and then sell the property. The affidavit must be signed by a disinterested person with personal knowledge of your father's immediate family. If you sell the real property within a year of your father's death, the title company handling the sale may require you to escrow the sale proceeds until the one-year anniversary of your father's death, because your father's creditors have one year to open an estate to recover debts. In addition, the title company may also require you to obtain a TennCare release to prove that your father didn't receive TennCare (Medicaid) benefits that his estate may be required to repay. The title company will also require all of your father's heirs to sign the closing documents. If you have contact information for all of your father's heirs, and they all agree to sell, then you can begin by talking with a title company which will have a lawyer.

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