Knoxville, TN asked in Estate Planning, Family Law and Probate for Tennessee

Q: What do I do about my husband's death without a will in TN?

What is probate and is it required in TN?

1 Lawyer Answer
Nina Whitehurst
PREMIUM
Nina Whitehurst
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: If everything your husband owned was owned jointly with you, then most likely it was owned as tenants by the entirety and you are now the sole owner by operation of law. Most of the time all you have to do to remove your husband's name from those titles is provide a death certificate to the bank (for bank accounts) or county clerk (for cars). For real estate you will want to record an affidavit of death with a death certificate and a Tenncare release with the Register of Deeds. If you do not know how to do this, a probate attorney can help you for a relatively small fee.

If your husband died owning anything in his name alone, or with you but NOT as tenants by the entirety, then you will want to hire a probate attorney to help you probate those assets.

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