Tennessee Warranty Deed

PublicLegal-authored self-help deed form. Provided for customers to complete with their own transaction information and submit to the proper local recording office. Recorder offices and state agencies may require separate supplemental forms, taxes, fees, or cover sheets, and requirements vary by jurisdiction and transaction. Review the product notes and confirm local recording requirements before relying on any completed deed.

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What Is a Tennessee Warranty Deed?

A Tennessee warranty deed transfers Tennessee real estate with general warranty language. Tennessee's statutory warranty wording is commonly used when the grantor intends to warrant title broadly rather than transfer only a no-warranty quitclaim interest.

When to Use a Warranty Deed in Tennessee

  • Buying or selling Tennessee real estate when warranty-deed protection is intended.
  • Working with a buyer, lender, title company, or attorney who expects a general warranty deed.
  • Using a deed with warranty covenants instead of a no-warranty quitclaim deed.

Tennessee Requirements for Warranty Deeds

  • Signing: The grantor's signature is usually acknowledged before a notary or proved by two subscribing witnesses if it is not acknowledged. A notarized Tennessee deed normally does not need separate witnesses.
  • Recording: Record the deed with the County Register in the Tennessee county where the property is located. Property in more than one county may require recording in each county.
  • Taxes: Tennessee generally imposes a realty transfer tax of $0.37 per $100, and a separate indebtedness tax may apply to mortgages or deeds of trust. The statutory payer is the grantee or transferee, although contracts may allocate costs differently.
  • Oath of value: A deed transferring a freehold estate generally needs an oath of value on the face of the instrument, signed by the grantee, the grantee's agent, or trustee for the grantee.
  • Recording details: Tennessee recording commonly requires a derivation or source-of-title clause, preparer name and address, grantee name and address, tax-bill mailing address, parcel identification number or affidavit, and full legal description.
  • Homestead: If a married owner is conveying a principal residence or homestead, obtain title-company or attorney review on whether spousal consent or joinder is needed.

Warranty Deed vs Quitclaim Deed in Tennessee

A Tennessee warranty deed provides warranty covenants. A Tennessee quitclaim deed transfers only the grantor's current interest, if any, without deed warranties. Tennessee does not authorize a real-property transfer-on-death deed and does not recognize a Lady Bird deed as a probate-avoidance substitute.

Frequently Asked Questions

Who provides this deed form?

This is a PublicLegal-authored self-help deed form template for customers to complete with their own transaction information. It is not an official Tennessee state form.

Does Tennessee require witnesses for a warranty deed?

A Tennessee deed is usually acknowledged before a notary or other authorized officer. If it is not acknowledged, it may be proved by two subscribing witnesses. A notarized deed normally does not need separate witnesses.

Who pays Tennessee transfer tax?

By statute, the grantee or transferee pays the realty transfer tax collected by the County Register. Parties may allocate closing costs by contract, but the statutory payer is the grantee or transferee.

Does a Tennessee deed need an oath of value?

Usually yes for freehold-estate transfers. Confirm the required oath-of-value wording, exemptions, and tax treatment with the County Register, title company, attorney, or tax professional.

Can I use a Tennessee TOD or Lady Bird deed?

Tennessee does not authorize real-property transfer-on-death deeds and does not recognize Lady Bird deeds. Use attorney-guided estate-planning tools such as a revocable trust or express survivorship planning when appropriate.