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Transferring Real Estate in Probate

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Inheriting a House Doesn’t Mean You Automatically Inherit the Title

When a loved one passes away, the family home is often the most valuable — and sentimental — asset they leave behind. However, many families are surprised to learn that ownership of the property does not automatically update on the county records. Just because you are named in the will (or are the rightful heir by law) does not mean you can legally sell the property or refinance the mortgage immediately.

The “deed” remains in the deceased person’s name until a specific legal process transfers it to you. Without this step, the property is stuck in legal limbo — unable to be sold, insured properly, or used as collateral.

At Crow Estate Planning & Probate, our attorneys for transferring real estate help families clear these title hurdles efficiently. Whether you need to sell the home to pay debts or retitle it to keep it in the family for generations, we guide you through the correct legal process in Tennessee and Kentucky.

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TennCare and Medicaid Liens

Before any property can be transferred, the State Estate Recovery Check must be performed. In both Tennessee (TennCare) and Kentucky (Medicaid), the state has a legal right to recoup medical costs paid on behalf of the deceased from the equity in their home.

Transferring a deed without formally clearing this potential lien can result in a “clouded title,” making the property unsellable in the future. Our elder law attorneys handle the release process with the state agencies to ensure your title is clear and marketable.

Three Ways to Transfer Real Estate After Death

The method we use depends on three factors: 

  1. Is there a will? 
  2. Are there unpaid debts? 
  3. Is the property located in Tennessee or Kentucky?

This is often the fastest and most cost-effective method for Tennessee residents. Muniment is a legal term meaning evidence of title:

  • How it works: If your loved one left a valid will and had no significant unpaid debts (other than a mortgage), we can ask the Probate Court to admit the will to probate for the limited purpose of establishing title.
  • The result: The Court issues an order that effectively legally transforms the will itself into the new deed. No executor is appointed, and no lengthy administration process is required.

  • When a person passes away without a will, or if the estate is too small to warrant court involvement, we may use an affidavit:

    • Affidavit of Descent (Kentucky): Under KRS 382.120, this document is recorded directly with the County Clerk. It lists the heirs at law and puts the public on notice that ownership has legally passed to them.
    • Affidavit of Heirship (Tennessee): Similar to the KY version, this is recorded with the Register of Deeds.

    While these affidavits update the tax records, some title insurance companies may refuse to insure a sale of the property for up to one year after the affidavit is filed, due to the risk of unknown creditor claims. We help you evaluate if this risk applies to your situation.

If the estate has significant debts or if the family wishes to sell the property immediately to a third-party buyer, opening a full probate estate is often the safest route:

  • Executor’s deed (TN) or Affidavit of Real Property Transfer under the Will (KY): The court appoints an executor (or administrator), giving them the legal authority to sign a deed transferring the property to the heirs or selling it directly to a buyer.
  • Benefit: This method provides the “cleanest” title, as it formally cuts off creditor claims after the statutory waiting period (4 months in TN, 6 months in KY). This is the preferred method for high-value estates or when family conflict is likely.

Why You Need a Lawyer for Transferring Real Estate

Real estate laws are rigid. A simple typing error in a legal description or a failure to obtain a spouse’s signature can create title defects that cost thousands of dollars to fix years later.

Avoiding Estate Disputes

Inherited property is the #1 cause of estate disputes. A lawyer for transferring real estate acts as a neutral guide, explaining the legal rights of each heir (such as the right to force a “partition sale”) and helping mediate a solution that preserves family relationships.

Ensuring Marketable Title

If you plan to sell the home, the buyer’s title company will scrutinize the history of the property. If the probate transfer wasn’t handled correctly, the sale will fall through. We ensure all documents and processes are completed correctly so that doesn’t happen.

Meet Wess Inscoe

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Client Testimonial

“I had an exceptional experience with attorney Wess Inscoe. He thoroughly researched, and provided me with some necessarily documents for a completion and an approval of transferring a quitclaim deed. He is very kind, easy to talk to, helpful and very patient. I am just a widow who didn’t understand much on the deed, but he explained and answered all my questions clearly and patiently. His attention to details, his empathy, and all his support in my case are exceptional. I can say that he is a great lawyer, who truly understands my situation.”

Attorney Wess Inscoe standing outside of the Crow Estate Planning & Probate office wearing a suit and tie.

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Schedule a Consultation

Whether you need a Muniment of Title or an Affidavit of Descent, our team is ready to help you navigate the process. Schedule a consultation with Crow Estate Planning & Probate today to secure your property rights.

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    Hear From Our Clients

    Donald Hutcherson

    The Crow law firm was absolutely wonderful from start to finish.the entire team was professional, knowledgeable and courteous. Above all they were absolutely caring in helping me through a difficult time. I highly recommend this law firm.all my needs were taken care of and were handled in a timely manner…I am forever grateful.

    Bill Boyd

    Where do I begin? I truly can’t say enough nice things about Crow Estate Planning & Probate and Alexandra Hulme, without her and everyone around her, I can truly say I don’t know where I would be today. Like many after losing my mother, I was lost, in a dark place and things weren’t happening how my mother had planned in her trust and will. Before waiting too long, I retained Alexandra’s services and she took me through the process step-by-step. Something that I never thought I could afford or I’d have to do. She knew I wasn’t asking her to do anything more than complete my mother’s last wishes. She did just that. They did it because they’re passionate about what they do. Communication was A+. She never left me hanging. I know family means a lot to her/them. I am indebted to her and these people forever. If you need help, call her today. I promise you won’t be disappointed. Thank you Alexandra from the bottom of my heart.
     
     

    Travis Henry

    I was referred to John by a fellow real estate investor when I needed guidance on structuring a couple of LLCs. From the start, he made the process incredibly smooth and straightforward. John was consistently responsive, thorough in his explanations, and showed a genuine commitment to getting everything completed on time—even working late to accommodate my schedule while I was operating from Hawaii, several time zones away. His mix of professionalism, attention to detail, and approachable demeanor made the entire experience seamless. I’m grateful to have him as a resource and wouldn’t hesitate to recommend him to anyone looking for a reliable and knowledgeable attorney.
     
     
     

    Andre Christophe

    Bridget and Thomas were very professional and knowledgeable in responding to my needs. Also, they were very organized and easy to work with. 
     
     
     

    Allen Moser

    This firm has done several things for me and real estate clients. Most recently setting up a TIST (Tennessee Investment Services Trust). And redoing my Will, Medical Power of Attorney, and Healthcare Directive. Appreciated their understanding of all of the intricacies of each document. Their timely communication and prompt service.
     
     
     

    Sarah Pichardo

    I cannot recommend Thomas Steelman highly enough! From the very start, he made the entire process of setting up our estate trust absolutely painless. His expertise and clear explanations turned what I expected to be a daunting task into a smooth and stress-free experience.

    Not only did he handle every aspect of our estate trust with great attention to detail, but he (and law firm colleagues) also took care of transferring over our home deeds so we didn’t have to deal with the hassle of going to the county office ourselves. That alone saved us so much time and stress!

    I honestly thought the process was going to cost a small fortune, but I was pleasantly surprised by how reasonable the pricing was. Most importantly, though, Thomas gave us peace of mind knowing that our hard-earned assets are protected and will go exactly where we want them—without placing unnecessary burdens on our loved ones.

    If you’re looking for a knowledgeable and professional estate trust attorney, Thomas and team are the ones to trust. ⭐⭐⭐⭐⭐

    Scott Donnellan

    John and his team are professional and do quality work.
     
     
     

    Ariel Ottinger

    John and his team did an amazing job helping my family get our affairs in order. Could not recommend them more!

    Larissa Ottinger

    hey are so prompt to respond and attentive!

    Emily Vick

    Alexandra Hulme was extremely helpful, professional, and punctual! I highly recommend using this firm.

    Our Locations

    Clarksville

    512 Madison St Suite A, Clarksville, TN 37040

    931-218-7800
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    Nashville

    1503 16th Ave S,
    Nashville, TN 37212

    615-558-8002
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    Franklin

    321 Billingsly Court Suite 20, Franklin, TN 37067

    (615) 996-1400
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    Hopkinsville

    203 E 9th St,
    Hopkinsville, KY, 42240

    270-569-0006
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    Springfield

    719 S Main St Suite 110, Springfield, TN, 37172

    615-914-2184
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    Chattanooga

    736 Georgia Ave Suite 504, Chattanooga, TN 37402

    (423) 709-5401
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