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

Q: Grandmother passed, no will, little assets. Home is still owed on. It's been 30 days

and no one has filled for probate. With little amount of stuff, will this even go to probate? Can the house be transfered to son with a balance still owed?

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: If no Will probated, home is owned by heirs as tenants in common, subject to Deed of Trust. But if Note is not paid, foreclosure will occur. After 45 days from death, a

Small Estate Affidavit could be filed if personal property under $ 50K. If Probate is not needed, then do not file. If all TICs agree, Son can get a QCD from the other heirs.

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