Escrow & Title
An 'affidavit of heirship' in Tennessee is used when:
AA seller claims they have no heirs
BProperty passes to heirs without probate through this informal process in specific circumstances✓ Correct
CThe buyer is an heir of the current owner
DTREC requires confirmation of seller's legal capacity
Explanation
In some Tennessee circumstances, small estates or certain types of property may be transferred to heirs through an affidavit of heirship without formal probate court proceedings. This is used for smaller estates when all heirs agree and there are no creditor disputes.
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Key Terms to Know
Deed
A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
EasementA non-possessory right to use another person's land for a specific purpose.
EncumbranceAny claim, lien, charge, or liability attached to real property that affects its value or limits its use.
LienA financial claim against a property that serves as security for a debt or obligation, giving the creditor the right to foreclose if unpaid.
State-Specific Concepts
TREC Regulation
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