Lady Bird Deeds in Tennessee
Short answer: no. Tennessee does not recognize lady bird deeds, and recording one may not do what you're hoping. Here is what works here instead.
Tennessee does not recognize lady bird deeds
Tennessee has no lady bird deed statute. Under Tenn. Code Ann. § 66-1-106, a life estate that carries an express unlimited power to sell is treated as full ownership for sales and for the life tenant's creditors, while the named remainder still takes whatever is left unsold. That can pass the home outside probate, but it does not protect the property from the life tenant's creditors. Talk to a Tennessee attorney before using one, especially if TennCare (Medicaid) planning is the reason.
Why Tennessee does not have them
Lady Bird deeds, enhanced life estate deeds, are recognized in 6 states: Florida, Michigan, Rhode Island, Texas, Vermont, and West Virginia. Maryland's courts also recognize a similar instrument, the life estate deed with powers. Missouri's courts also recognize a similar instrument, the life estate deed with powers. Virginia law also recognizes a similar instrument, the life estate deed with powers. Tennessee is not one of them, and its statute gives a life estate with a power to sell the different effect described above.
What Tennessee homeowners use instead
There are working alternatives in Tennessee:
- Tennessee life estate deed. Keeps a life estate for you with the remainder to the people you name. Not revocable.
Other ways to avoid probate in Tennessee
- A revocable living trust. The most flexible option and the standard answer in states without a TOD deed. It costs more up front (typically $1,000–$3,000) but it covers everything you own, not just one property.
- Survivorship titling. Tennessee recognizes tenancy by the entirety for married couples, which passes the property to the survivor automatically. A creditor of only one spouse cannot force a sale of the home while both spouses are alive, but can reach that spouse's right of survivorship.
- Small estate procedures. Tennessee's small estate procedure (Tenn. Code Ann. § 30-4-101 et seq.) covers personal property up to $50,000. It cannot transfer a house or land.
$49, one time. The probate-avoidance deed Tennessee does recognize, with the state's witness rules, margins, and recording instructions already applied. You read the finished document before you pay.
Common questions
A county office would record it. Tennessee has no lady bird deed statute. Under Tenn. Code Ann. § 66-1-106, a life estate that carries an express unlimited power to sell is treated as full ownership for sales and for the life tenant's creditors, while the named remainder still takes whatever is left unsold. That can pass the home outside probate, but it does not protect the property from the life tenant's creditors. Talk to a Tennessee attorney before using one, especially if TennCare (Medicaid) planning is the reason.
Florida, Michigan, Rhode Island, Texas, Vermont, and West Virginia. Maryland's courts also recognize a similar instrument, the life estate deed with powers. Missouri's courts also recognize a similar instrument, the life estate deed with powers. Virginia law also recognizes a similar instrument, the life estate deed with powers.
For a single property, survivorship titling is the cheapest. It costs one deed and one recording fee. For everything else, a revocable living trust is the standard route: more expensive up front, but it covers your whole estate and stays private. A probate attorney in Tennessee can tell you which fits your situation in a single consultation.
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Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.