Smith County Quitclaim Deed (Reserving Life Estate) Form

This Tennessee quitclaim deed hands over the land and keeps the house. The Grantor releases the remainder in a described Tennessee parcel to a named Grantee and reserves a life estate, so possession, use, and the rents stay with the Grantor for life, while the Grantee's ownership interest sits on the public record from the day it is stamped.

Two owners of one parcel, starting the day it records

A reserved life estate divides a parcel along time instead of along shares. Tennessee makes that division available through T.C.A. Section 66-5-101, under which a grant passes the whole of the grantor's estate unless the intent to pass a less estate appears by express terms. The express reservation in the operative section holds the life estate back, and Section 66-5-103(2) supplies the release around it, the one sentence quitclaim that promises nothing about the title. The reserved estate carries exclusive possession and use of the property and its rents and profits for the term of the Grantor's natural life. The remainder is no waiting list: it is a present, vested interest the Grantee may convey, mortgage, or lose to a creditor while the life tenant is still in the kitchen.

What the reservation does not reserve

Tennessee treats a life tenant as a quasi trustee for the owner of the remainder interest, Edwards v. Puckett, 268 S.W.2d 582 (Tenn. 1954), and a buyer or lender dealing with the life tenant alone gets only that life estate, which expires with the measuring life, Briggs v. Estate of Briggs, 950 S.W.2d 710 (Tenn. Ct. App. 1997). Moving the whole fee afterward takes the life tenant and the remainder owners signing together, the reservation cancels nothing, and delivery is not undone by the Grantor alone. An enhanced life estate deed, the variety reserving those broader powers, rests on no Tennessee statute and no controlling Tennessee decision, and this deed is not drawn as one.

One grantor, one signature, two notarial acts

The form recites exactly one Grantor, a natural person holding record title who signs personally, and a grantee section naming who takes the remainder and how two or more grantees hold it. One signature block and one acknowledgment certificate follow, carrying the substance of the statutory certificate at T.C.A. Section 66-22-107. The sworn statement of consideration or value takes its own signature line and jurat on the Grantee side, since an oath as to a figure and an acknowledgment of a signature are separate acts. An owner deeding the remainder in a residence to an adult child while keeping the right to live there for life, and an owner passing the remainder in family acreage to a niece while keeping the rent it earns, present the movements this deed recites. It is not drawn for two owners reserving together, for a spouse joining a married owner's conveyance, for an entity or fiduciary signing in a representative capacity, or for a conveyance of the whole fee with nothing held back.

The exemption Tennessee wrote points the other way

Tennessee's realty transfer tax is collected before a deed enters the records, thirty seven cents on every hundred dollars of the base the statute sets. Section 67-4-409(a)(4) makes that base the actual consideration given, for a deed keeping the statutory quitclaim substance. The life estate exemption in the same statute, Section 67-4-409(a)(1)(C)(iii), reaches the release of a life estate to the beneficiaries of the remainder interest, the later deed letting the reserved estate go; creating it is not on that list. The oath section carries a line for the sworn figure and a line for an exemption claimed.

Recitals the deed carries into the record

One intake line reads differently here than on an ordinary transfer. Section 66-24-114 asks for the property owner and the party responsible for the real property taxes, and on this deed those are commonly two people, the remainder owner and the life tenant still in possession. The numbered sections also gather the derivation of title recital, the parcel number, the description source, and the preparer statement. Searchers reach it as a Tennessee life estate deed or a quit claim deed reserving a life estate.

The download holds the blank deed as a fillable PDF, a completed Blount County example worked through to the jurat beneath the oath, and a plain language guide covering the fourteen sections, the reservation language, and recording with the register of deeds. It describes Tennessee law in general terms for information and is not legal advice.