Inheriting a Home or Land in Eads, TN: First Steps

Inheriting a home or a piece of land in Eads, TN often comes with a mix of emotions and a long list of questions. On top of that, Eads has a few quirks that make the process a little different from inheriting a house inside a city. Much of Eads is unincorporated, the 38028 zip code reaches across the line into Fayette County, and many properties sit on larger tracts with septic systems and sometimes private wells. Knowing where to start can take a lot of the stress out of the first few months.

This is a general overview to help you get your bearings. It is not legal or tax advice, and an estate attorney and a tax professional should be part of your team.

Step One: Figure Out Which County and Which Jurisdiction

Eads is an unincorporated community in eastern Shelby County, with major routes such as US Highway 64, Collierville-Arlington Road, and the Winfield Dunn Parkway (I-269) running through the area. The Eads zip code also extends east into Fayette County, taking in parts of the Hickory Withe and Fisherville areas.

That matters because so much of what happens next depends on where the property sits:

• Which court handles probate
• Which assessor and trustee handle the property taxes
• Who issues permits for septic, wells, and construction
• Which utilities serve the property
• Which school district serves the address

Parts of the Eads area have also been the subject of annexation and de-annexation over the years, so do not assume. The quickest way to confirm is to look up the parcel on the county assessor's website, which will show the county, any city jurisdiction, and the current owner of record.

Step Two: Understand the Probate Path

In Shelby County, wills and estates go through the Shelby County Probate Court, which also handles guardianships and conservatorships. The court also offers a small estate process for qualifying estates. On the Fayette County side, probate matters are handled through the Chancery Court in Somerville.

Whether the home passes through a will, a trust, a transfer on death arrangement, or no will at all makes a big difference in how quickly you can sell, rent, or move into it. Before you list or sign anything, make sure the person handling the estate has the legal authority to do so. Title companies will ask for this, and getting it sorted out early prevents delays at closing.

One piece of good news: Tennessee repealed its state inheritance tax for deaths occurring in 2016 and later. Federal estate tax rules and capital gains questions are separate matters, which is another reason to talk with a tax professional before making decisions about the property.

Step Three: Keep the Taxes and Insurance Current

Property taxes do not pause while an estate is being settled. In Shelby County, the Assessor of Property appraises property and keeps ownership records, and the Shelby County Trustee mails tax bills to the mailing address the Assessor has on file. If that address still belongs to the person who passed away, the bill may not reach anyone. Shelby County property taxes become due in the fall and are considered delinquent after the last day of February. On the Fayette County side, the Fayette County Trustee in Somerville handles tax collection.

Insurance is just as important. A home that sits empty can create coverage issues under a standard homeowner's policy. Call the insurance carrier as soon as you can to let them know about the change in occupancy and ask what they require.

Step Four: Look Closely at Septic, Wells, and Land

Many Eads properties are on septic systems rather than city sewer, and some have private wells. In Shelby County, septic and well permits are handled by the Shelby County Health Department's Water Quality Branch and Septic Tank Program. Repairs to a septic system require a permit after a site inspection, and installing, repairing, or abandoning a well also requires an application. Elsewhere in Tennessee, the state environmental department oversees septic permitting, so Fayette County owners should check with the state office that serves their area.

If you plan to sell, a septic pump-out and inspection, along with any records you can find on the system's location and permits, can answer a buyer's questions before they come up. If the property includes acreage, outbuildings, fencing, or a pond, it helps to gather any surveys, easements, or past permits too. A current survey can be especially valuable if fence lines and property lines do not quite match.

Step Five: Decide What You Want to Do With It

Once the legal side is moving, you will have choices to make. Some heirs keep the home, some rent it, and many decide to sell. There is no right answer, and it is completely normal to need time.

If more than one heir is involved, getting on the same page early is one of the most helpful things you can do. A professional opinion of value, an inspection, and a simple list of repairs give everyone the same set of facts. From there, you can decide whether to sell as-is, make light repairs, or invest in updates.

A few practical steps that help in almost every situation:

• Secure the home, change the locks, and keep the lawn and acreage maintained
• Keep the utilities on so the home can be inspected and shown
• Remove valuables and important papers before any showings
• Check with each school district directly if you or a buyer need to know which schools serve the address

If you have inherited a home or land in Eads and are not sure where to begin, I would be glad to listen and help you think through your options. Sometimes just having someone to walk through it with makes it a little easier. Feel free to reach out anytime.

Kelly Day, SRES, SRS, AHWD, PSA, RENE
Multi Million Dollar Club
Broker Lic # 365811
simpliHOM
901-289-9227
855-856-9466
[email protected]
https://memphishouselistings.com