James, a Tennessee resident, dies testate leaving his Murfreesboro home to his daughter Lisa. The home was titled solely in James's name. What is the correct process for transferring title to Lisa under Tennessee law?
Correct Answer
C) The estate must go through probate, and title transfers to Lisa upon the court's order or through a properly executed deed from the estate's personal representative
In Tennessee, when a person dies testate (with a will) and real property is titled solely in their name, the estate must typically go through the probate process. The will is admitted to probate in the county where the decedent resided. Title to real property passes to the devisee (Lisa) either through the probate court's order or through a deed executed by the estate's personal representative (executor). Simply having a will does not automatically transfer marketable title without probate proceedings.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
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