Tennessee's recorded instrument, Affidavit of heirship, rests on a statute written for a sworn statement of heirs. What a recorded affidavit does, in the statute's words: Received as evidence in any court in the state in the county in which the affidavit is recorded as prima facie evidence of the facts stated in the affidavit, but only in a suit or proceeding involving the right to succeed to or receive the decedent's property, and in a criminal prosecution of the maker for falsityTenn. Code Ann. § 30-2-712(c)Verified Sep 24, 2026View source. It is evidence of the facts it states, not a deed; it does not itself transfer title, and a purchaser, lender or title company decides whether to rely on it.
Who may sign, in the statute's words: Sworn upon the personal knowledge of the affiantTenn. Code Ann. § 30-2-712(a)Verified Sep 24, 2026View source. The statute names no witness requirementTenn. Code Ann. § 30-2-712Verified Sep 24, 2026View source. Title companies commonly ask that the affiant be someone other than an heir, or that two people who know the family sign; the office relying on the affidavit sets what it will accept. It states: any fact or facts concerning the relationship of any parties to persons deceased; or a statement of any facts pertinent to be ascertained in determining the persons legally entitled to any part of the estate of the decedent at the time of the decedent's deathTenn. Code Ann. § 30-2-712(a)Verified Sep 24, 2026View source.
The state's intestacy statute sets the order: the surviving spouse and children first, then parents, siblings, and more distant relatives, with shares that differ by state. The Who Inherits Calculator applies your state's order and shows each person's share.
Directly from the institution, on its claim form, with the death certificate and the beneficiary's identification. The policy or account passes outside the estate and does not wait for probate. The letter of instruction is addressed to the specific insurer or bank and follows its published document list.
In most states, yes, when the estate is under the state's small estate limit and the waiting period after the death has passed. The heir presents the small estate affidavit to the bank or other holder of the property. The builder checks the estate against your state's limit before it produces the document.