Can You Sell a Home While It’s in Probate? Here’s What Tennessee Law Says
- Posted on July 28, 2025
- In
Losing a loved one is hard, and when real estate is involved, the legal maze makes it even harder. If you’re wondering if you can sell a home while it’s in probate, keep reading to learn more about Tennessee law and how a Nashville probate attorney can help with Rochford Law & Real Estate Title.
What Is Probate in Tennessee?
Probate is the court-supervised process to settle a deceased person’s estate. In Tennessee, jurisdiction rests with either the local Chancery or Probate Court, depending on the county. Probate can take months, especially for complex estates.
Can a Probate Home Be Listed or Sold?
Yes, but only under court supervision. A probate sale (legal sale of real estate during probate) requires a personal representative (executor or administrator) to petition the court to sell the property. This may involve:
- Court approval of listing price
- Notifying heirs and potential buyers
- Sometimes appointing a probate referee to value the property
- Court-confirmed sale
Thinking about selling? Talk with a Nashville probate attorney to walk you through preparing the petition.
Why Sell During Probate?
Selling during probate may be needed to:
- Pay expenses or taxes from the sale proceeds
- Divide assets equitably among heirs, especially if the property can’t be split
- Preserve property value, avoiding maintenance or market fluctuations
Steps to Sell a Probate Home in Tennessee
- Executor Appointment & Petition: The personal representative files with the court to gain authority to sell.
- Valuation & Appraisal: The court may assign a probate referee or require appraisal, essential to justify the sale price.
- Listing & Marketing: With court blessing, the home can be listed, often with legal oversight on price.
- Receive Offers & Submit to Court: Offers are reviewed, but final sale needs court hearing and approval.
- Court Confirmation & Closing: After hearing and potential overbid period, sale closes; funds distributed per estate plan.
Ready for help with paperwork and hearings? Contact a Nashville probate attorney for guidance.
Who Checks the Probate Sale?
- The executor or administrator acts as the personal representative.
- Heirs and interested parties have notice and can object.
- The court may require referee valuation to ensure fairness.
Alternatives to Selling During Probate
Not ready to sell? Other options exist:
- Simplified procedures if estate is small enough; may avoid full probate
- Joint tenancy or survivorship helps transfer property without probate
- Trusts, POD, TOD accounts transfer assets seamlessly outside probate
Curious which path fits your estate? Let a Nashville probate attorney map out your options.
What Happens If You Sell Without Court Approval?
Selling a probate property without approval is risky. Deeds may be invalid, heirs could sue, or sale proceeds could be frozen. Always:
- Get court permission
- Notify heirs and creditors
- Follow hearing and confirmation steps
- Don’t risk legal missteps. Reach out to an experienced Nashville probate attorney.
Rochford Law: Your Nashville Probate Attorney
At Rochford Law & Real Estate Title, our team brings decades of experience to probate and real estate law in Nashville. We guide families through probate home sales, while keeping your peace of mind front and center.
Selling a home in probate doesn’t have to feel overwhelming. With the right legal support, you can make informed decisions, preserve value, and secure your loved one’s legacy without self-inflicted stress.
Schedule your consultation with us now at Rochford Law & Real Estate Title, and let a trusted Nashville probate attorney help you every step of the way!
