Affidavit of Heirship

An affidavit of heirship can be filed for estates that consist solely of real property and there is no will.

If there is no will at the time

While opening the estate for the purposes of “muniment of title” do not apply where there’s no will, Tennessee Law provides another mechanism albeit not often satisfactory under the specific circumstances which is referred to as filing of an Affidavit of Heirship.

When there is no will, real property vests in the heirs-at-law of the decedent at the time of death. An affidavit of heirship is essentially swearing under oath the relation of the decedent and his/her heirs-at-law. This document essentially notifies the Register’s Office of a change in ownership.

However, should a dispute arise regarding the ownership of the property, the affidavit of heirship can be used in court for up to six years after it is recorded. You should never sign an affidavit of heirship if you are not completely sure of the information it contains.