Lebanon, TN asked in Probate for Tennessee

Q: in Tennessee, must the property value be limited to a maximum of $25,000 In order to do a Affidavit of heirship.

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Probate Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: It sounds like you are inquiring about real property owned by the estate of a decedent that died without a will. (If the decedent had a will, an affidavit of heirship is not appropriate.)

If the decedent did not have a will, an affidavit of heirship is one way to administer the real property. There are other methods that might be more appropriate, depending on all of the facts and circumstances.

The $25,000 figure you cited used to be the limit for using a small estate affidavit, which does not apply to real property. The small estate limit is now $50,000 and only applies to personal property, not real property.

Frank J. Steiner and Anthony M. Avery agree with this answer

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