Can You Sell a Home During Probate in Tennessee? Here's What You Need to Know

Navigating the probate process can be overwhelming, especially when it involves selling a loved one’s home. If you’re handling an estate in Cleveland, Tennessee, it’s essential to understand the legal steps involved in selling real estate during probate. At Ashley Ownby, Attorney at Law, we help families manage probate with clarity and confidence.

What Is Probate?

Probate is the legal process of settling a deceased person’s estate. It involves validating the will (if one exists), appointing an executor or administrator, paying debts and taxes, and distributing assets to heirs. If the estate includes real property like a house, special considerations come into play.

Can You Sell a Home During Probate in Tennessee?

Yes, but there are specific legal steps that must be followed. Selling real estate during probate in Tennessee requires court oversight and approval to ensure the sale is handled fairly and legally.

Here’s a step-by-step breakdown of the process:

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  Step 1: Open the Probate Estate

The process begins by filing a petition with the Bradley County Probate Court or the appropriate court in the county where the deceased resided. The court will appoint an executor (if named in the will) or an administrator (if there is no will).

• 
  Step 2: Get Court Approval to Sell the Property

In most cases, the executor or administrator must seek court permission to sell real estate. This involves:

• Filing a petition for sale with the court.
• Notifying interested parties (heirs, beneficiaries).
• Possibly getting an appraisal to determine fair market value.
• The court may require a hearing before approving the sale.
• 
  Step 3: Market and Sell the Property

Once approval is granted, the executor can work with a real estate agent to list and sell the property. All proceeds from the sale become part of the probate estate and must be used to:

• Pay off any remaining debts or liens.
• Cover administrative and legal costs.
• Distribute to heirs in accordance with the will or Tennessee intestacy laws.
• 
  Step 4: Finalize the Probate Process

After the sale and distribution of assets, the executor files a final accounting with the court. Once approved, the estate can be closed.

Why Legal Guidance Matters

Selling a home in probate can be legally complex. Mistakes - like failing to get court approval or properly notifying heirs - can delay the process or result in legal liability. That’s why working with an experienced probate attorney in Cleveland, TN, like Ashley Ownby, is crucial. We ensure that every step complies with Tennessee law and that your loved one’s wishes are honored.

Contact Ashley Ownby for Probate Help in Cleveland, TN

If you’re facing probate and need to sell a home in Bradley County or surrounding areas, we're here to help. With over 30 years of experience, Ashley Ownby, Attorney at Law, provides trusted legal guidance to families navigating probate and estate matters.

Located in Cleveland, TN.

Call now to schedule a consultation - (423)479-1324