Transferring Real Estate | Crow Estate Planning & Probate

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.

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.

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.

Contact Our Real Estate Attorney

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.

Meet Our Real Estate Attorney

Transferring Real Estate in Probate

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

TennCare and Medicaid Liens

Three Ways to Transfer Real Estate After Death

Why You Need a Lawyer for Transferring Real Estate

Avoiding Estate Disputes

Ensuring Marketable Title

Contact Our Real Estate Attorney

Client Testimonial

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