Austin, TX asked in Probate for Tennessee

Q: My father passed in October and I need to know how to proceed with dividing his assets among his 4 children

He owns a house in Tennessee and my brother is currently living in the house.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Probate Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Decedent's real property goes to his Heirs and the personal property to his Next of Kin, which will be the same persons. But what family issue survived him needs to be determined and placed of record with an Affidavit of Heirship if not a Probate Administration. Probate or not usually depends on what the assets are. You probably should hire a competent TN attorney to decide whether Probate is needed. On the house, if the other Heirs do not want to deed their interests to the occupant, then you probably need an agreed Sale or an Action for a Sale For Partition in Chancery. A Small Estate Affidavit Probate might handle bank account/ car title transfers if necessary. If you are out of state, hire a TN attorney for advice.

Nina Whitehurst agrees with this answer

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