A house can sometimes sell before a Tennessee estate is fully settled. However, an open probate case does not give every executor or administrator the same power to sell. The will, ownership of the property and the estate’s financial needs can affect how the sale proceeds.
Who has authority to sell the house?
Tennessee treats real estate differently from many other estate assets. In Tennessee, real property generally passes to the heirs or devisees at death, subject to the terms of the will, applicable law and the rights of creditors. The terms of the will therefore matter. A will may give the executor authority to sell real estate. Without that authority, additional court involvement may be required depending on the estate’s circumstances. Estate debts are one reason court involvement may become necessary.
What if the estate needs the house to pay debts?
An estate may have valid debts and expenses but not enough personal property to cover them. Tennessee law provides a process for using real estate in that situation.
The personal representative may petition the court for the sale of the deceased’s real property. The process may involve:
- Filing a petition explaining why a sale is necessary
- Identifying the property the estate seeks to sell
- Including heirs, beneficiaries and other interested parties in the proceeding
- Obtaining any required court approval before completing the sale
These steps can affect when the estate can proceed with the sale.
Can the house sell while probate continues?
A family does not necessarily have to wait until every part of probate is complete before selling an inherited house. The important issue is whether the person handling the sale has the required authority. Selling the house also does not necessarily end probate. Other estate matters may remain, including paying valid debts and distributing remaining assets. For families dealing with an inherited home, confirming the authority to sell can clarify whether the sale can proceed while the rest of the estate administration continues.