Tennessee Probate Transfers of Real Property

Probate is the legal process of proving a decedent’s will and transferring his or her assets to devisees or heirs. The probate process is codified at Titles 30-32, 35 of the Tennessee Code.

When a decedent dies, his or her assets become part of the estate. The way the decedent’s property is titled determines which assets are subject to probate. Probate property typically includes any property the decedent held in his or her name alone. Property titled with a right of survivorship or with a beneficiary designation is generally exempt from probate, as is property held in a trust.

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