Tennessee Affidavit of Heirship

The affidavit of heirship, sometimes called an affidavit of inheritance, is a statutory form under T.C.A. 30-2-712.

An affidavit of heirship, when recorded, gives notice of a change in title following the death of a real property owner. It is typically recorded when the decedent has died intestate, or without a last will and testament. The affidavit names the decedent and the heirs who, by operation of law, are the current owners of the property.

The affiant, or person making the sworn statements contained in the affidavit, is anyone having knowledge of the facts contained within. A standard affidavit of heirship contains the legal description and map parcel number of the realty and lists the heirs by name, address, and relation to the decedent.

In addition, if not followed by a recorded deed from one or all heirs, the affidavit requires the tax bill address for tax statements on the property and a prior title reference stating the type of document and book, page, and recording date of the instrument granting title to the decedent.

This is a general affidavit of heirship. Your situation may require more specific information. Consult a lawyer when preparing the affidavit to ensure all necessary information is included and to understand the legal implications of the document.

Deeds.com Tennessee Affidavit of Heirship Forms Have Been Updated as Recently as Wednesday June 17, 2020

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MARCO G. said: Very easy to use. Got the emailed documents within minutes.

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Shane T. said: The Transfer on Death Deed form package was very good. But like anything, could use some improvements. There is not enough space to fill more than one beneficiary with any level of additional detail like "as his sole and separate property" The area for the legal description could be a bit bigger and potentially fit many legal descriptions. Or it could be made to simply say "See Exhibit A" as is likely necessary for most anyway. The guide should indicate what "homestead property" means so the user doesn't have to research the legal definition. (which turns out to be obvious, at least in my state, if you live there, it's your homestead.) It would be helpful if an "Affidavit of Death" form were included in the package for instances where the current deed hasn't been updated to reflect a widowed owner as the sole owner before recording with only the one signature.

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Stephen D. said: Very good hope to use in the future.

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