Legal Question in Wills and Trusts in Tennessee

Req'd Property Value Before Probate

Grandfather passed away, leaving property (a house & car) to daughter (for as long as she was alive), then it went to grandson, granddaughter. The daughter passed, there was no will. In the state of Tennessee, is there a required minimum property value before the grandson/granddaughter (both living out of state) are required to enter probate for the sale of the home?


Asked on 5/11/07, 6:09 pm

1 Answer from Attorneys

Jack Carney The Law Office of Jack Carney, LLC

Re: Req'd Property Value Before Probate

I cannot address Tennessee law. However, the answer to your question may depend on how the property was left to the daughter. Your question implies that the grandfather left it to the daughter under some type of legal arrangement ("for as long as she was alive"). Typically this type of arrangement is made through a will or a deed. In that case, daughter has a life estate and in the property and it would pass directly to the grandchildren at her death (regardless of probate).

You may want to consult with a Tennessee lawyer, as you may have to analyze the manner in which grandfather left it to daughter before you can determine whether the grandchildren have to file any probate proceeding.

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Answered on 5/14/07, 11:03 am


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