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Does Tennessee allow a transfer on death deed?

No. Tennessee has no transfer on death deed law for real estate. Last checked .

Tennessee at a glance

TOD deed for real estate
No

How a house passes in Tennessee without a TOD deed

  • Small-estate affidavit cap. No affidavit
  • Real estate. Limited letters give no authority over real estate. Land needs another route, such as probate of a will as a muniment of title or regular administration.
  • Limited letters of administration / limited letters testamentary of a small estate (Small Estate Probate Act). For estates with $50,000 or less of probate personal property. After 45 days, an heir (or the named executor) petitions; the clerk issues limited letters covering only the listed property, which holders must honor. Letters stay open one year, then the representative and surety are discharged automatically. If more assets turn up over the limit, the case may be converted to full probate.

All Tennessee small-estate rules, with sources →

What people in Tennessee use instead

West Tennessee Legal Services (legal aid) explains that a home owned jointly with right of survivorship passes automatically to the joint owner at death, and that TennCare estate recovery reaches only property in a probate estate.

Good to know in Tennessee

  • The official Tennessee Code is behind a LexisNexis terms gate and was not opened; status rests on the General Assembly's bill pages.

Official pages

Sources

Legal information from the official sources above, not legal advice. A TOD deed can affect Medicaid, taxes, creditors and co-owners; for a decision about your own property, ask the county recorder, a legal aid office or a lawyer. How we check: methodology.

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