In our last legal tip we discussed heirs at law, thus leading up to this week’s discussion of an Affidavits of Heirship.

By Tennessee law real property title is transferred at the moment of death to a decedent’s heirs at law (or devises as under the will). An Affidavits of Heirship is a document which lists all the heirs that have an interest in the real property of the decedent. The affidavit is designed to prevent fraud.

The person who signs the affidavit must be a third party heir at law and is disinterested in the real property. This means they cannot be a relative of any kind. You will have to find a family friend or acquaintance, someone who knows the descendant well and can accurately affirm family history.

Under the Affidavits of Heirship, the heirship must be signed in front of a notary. And again, all heirs at law must sign the deed. The affidavit will then be recorded with the Register of Deeds and ALL of the listed heirs must join in on the sale of the real property.

As always, if you have any questions about this issue or any of our other legal tips, please don’t hesitate to reach out to Brian, Todd, Trudy or Preston.