How to Sell a House in Probate in Tennessee
Yes. In Tennessee, real estate generally passes straight to the heirs or the people named in the will, so who can sell depends on the paperwork. If the will gives the executor a power of sale, the executor can sell without court approval. If not, the personal representative petitions the probate court for permission, with notice to the heirs, or the heirs can sell together. Creditors get four months from the first published notice, and claims are cut off a year after death. Tennessee has no transfer-on-death deed, so most houses titled to one person go through this process.
Reviewed by Dennis Fassett, founder of Dennis Buys Houses · Updated November 2026
For Tennessee families with a house in a loved one's estate, from Nashville and Memphis to Knoxville and Chattanooga. General information only; confirm the details with a Tennessee probate attorney.
Does the House Go Through Probate?
- Married coupleA tenancy by the entirety passes to the surviving spouse automatically.
- Joint tenants with survivorshipOnly if the deed says so; otherwise co-owners are tenants in common.
- TrustThe trustee sells under the trust.
- Sole nameThe estate is involved. Tennessee hasn't adopted a transfer-on-death deed for real estate.
Who Can Sign, and Does a Judge Have to Approve?
The Will Grants a Power of Sale
Unless the will limits them, Tennessee personal representatives have statutory powers they can use without court approval, and a will that directs or authorizes the sale of real estate lets the executor sell and sign an executor's deed.
No Power of Sale
In an intestate estate, or when the will is silent, the personal representative petitions the court to sell the land, with notice to the heirs or devisees. The court can order the sale after notice and, in some cases, an appraisal. (Tenn. Code Ann. § 30-2-402)
The Heirs Sell Together
Because title generally passes to the heirs at death, they can sell together once debts are handled, often using an affidavit of heirship to show who they are.
A power of sale in the will is the shortcut. Without it, plan for a court petition or a sale signed by every heir.
Want a Number to Compare Against?
Give me the address and a sense of where the estate is. I'll send an as-is figure for the family and the attorney to review, and tell you directly if listing would put more in the heirs' hands.
Four Months, and the One-Year Bar
The probate clerk publishes notice to creditors, usually twice in a local paper. Creditors have four months from the first publication; known creditors who get late notice can have 60 days from receipt. In any case, ordinary claims are barred 12 months after death. (Tenn. Code Ann. § 30-2-307) The house can be sold during that time; just hold back enough to pay valid claims.
Three Ways the House Usually Goes
One Heir Takes It
A relative pays the others their shares, or the house counts toward that person's inheritance.
The Estate Lists It
Usually the top price if the house is in good shape and the estate can wait. Tennessee sellers generally give a property condition disclosure, or in some cases a disclaimer, but sales by a personal representative are generally exempt. (Tenn. Code Ann. § 66-5-202)
An Investor Buys It As-Is
For a house with years of deferred repairs, or heirs scattered across the country, an as-is sale lets the estate skip the work. For the least hassle, sell as-is to a real estate investor. You won't have strangers walking through, a contractor to chase or a house to empty, and you get to name the closing date. There's no clean-out when Dennis Buys Houses buys your house. Take what you love, leave what you don't, and we'll handle the rest. If something personal or valuable turns up, we'll get it to you.
The price reflects the repairs and the investor's risk; the estate gets certainty and little to manage.
Slow Down Before You Toss Anything
When the house belonged to a parent, the urge is to clear it out in a weekend. That's when the most precious things get lost. In one house, I found a homemade album at the bottom of a basement box the family had left for me: a mother's lifelong record of her daughter, which the daughter had never seen. Whatever a family leaves behind, I sort through, and the personal or valuable things are returned. (The full story is on my About page.)
Bills That Don't Stop for Probate
Tennessee property taxes become delinquent in March and eventually go to a delinquent tax lawsuit in chancery court. (See Selling a House With Delinquent Property Taxes in Tennessee.) A mortgage that falls behind can be foreclosed by a trustee's sale without a lawsuit. (See Selling a House in Foreclosure in Tennessee.) Insure an empty house as vacant, too. (See Selling a Vacant House in Tennessee.)
Someone Still Living There
A lease survives the owner's death, and a relative who won't leave may need a detainer warrant in General Sessions Court. (See Selling a House With Bad Tenants in Tennessee.)
Serving From Another State
Living outside Tennessee doesn't disqualify you from serving, though the court will typically want a resident co-representative or an agent for service in the state. Your attorney can handle the filings, and Tennessee title companies can arrange remote signing. The house is still the hard part from a distance.
Where the Proceeds Go
Closing pays off the mortgage, any back taxes and liens. The estate then covers valid claims and expenses before the heirs get their shares. Tennessee's inheritance tax is gone for deaths after 2015, and inherited property usually takes a fresh tax basis at its date-of-death value.
When the Heirs Disagree
A single holdout can freeze a sale by the heirs. The personal representative may be able to ask the court for a sale order, and any co-owner can file for partition in chancery or circuit court. Often, an outside as-is offer on paper is what gets everyone to agree.
I've Handled a Parent's Estate Myself
My mother lived her final months in our home, and the estate fell to me after she passed. I'm not a lawyer and I won't give legal advice. I do know how heavy the house feels in the middle of grief, and I'll talk honestly about the real-estate side, even when the honest answer is to hire an agent instead. (More on my About page.)
Tennessee Probate Mistakes
- Assuming the executor has a power of sale without reading the will.
- Assuming two names on a deed means survivorship.
- Distributing before the four-month window closes.
- Letting property taxes go delinquent in March.
- Leaving an empty house uninsured as vacant.
- Forgetting that Tennessee has no TOD deed to fall back on.
Where I Fit, and Where I Don't
Tennessee estates usually reach me when the house needs more than cosmetic work, still holds decades of belongings, has sat vacant for months, or the heirs are spread across several states.
Dennis Buys Houses won't ask you to clear the place out first, either. Whatever you leave behind is ours to deal with.
If it's updated and the estate can wait for a retail buyer, an agent will likely get more, and I'll tell the family that.
Either way, I'll tell you upfront whether I'm a good fit or not.
A Family in Their Own Words
“Mr. Fassett – thank you for working with us to buy my Mom’s home after she passed away. When you mentioned that you would give us an offer within 24 hours and then close quickly I didn’t really believe that we would have the house sold in only 2 weeks. I’m glad I found you.”
Read more reviews from homeowners I've worked with
Frequently Asked Questions
Yes, if the will grants a power of sale. Otherwise, the personal representative petitions the court, or the heirs sell together.
Four months from the first published notice, and no ordinary claim survives past 12 months after death.
No. With an as-is sale, take what you'd like to keep; Dennis Buys Houses handles what's left.
No. Tennessee hasn't adopted a TOD deed for real estate.
No. It was repealed for deaths after 2015.
They can stall a sale by the heirs, but the personal representative may get a court order, or a co-owner can sue for partition.
Your county probate court or chancery court's probate division handles estates. Key statutes: Tenn. Code Ann. § 30-2-402 (petition to sell) and Tenn. Code Ann. § 30-2-307 (claims).
Tennessee Selling Guides
- Selling an Inherited House in Tennessee
- Selling a Vacant House in Tennessee
- Selling a House With Bad Tenants in Tennessee
- Selling a House in Foreclosure in Tennessee
- Selling a House With Delinquent Property Taxes in Tennessee
Find Out What the House Brings As-Is
Tell me where it is and where the estate stands. I won't give legal advice, but I'll tell you what it brings as-is, how a sale fits the court steps, and whether listing would net the heirs more.