Who can sign for an inherited house?
In Tennessee, real estate usually passes at death to the heirs or people named in the will. The exception is a will that directs the house to be handled as part of the estate. A personal representative—the person appointed by the probate court to handle the estate—can usually sign if the will puts the house under that person’s control or gives them authority to sell. The court’s letters show the representative’s authority. Otherwise, the heirs or beneficiaries who own the house generally all sign the deed.
If the estate’s other assets cannot pay its debts, a personal representative or creditor can ask the court to order a sale, with everyone who has an interest in the house included in that case. Tennessee’s small-estate process covers personal property, not a house. The title company checks the actual will, court letters, debts, and title; a family relationship alone does not establish who can sign. For an individual estate, ask a Tennessee attorney about the documents and authority.
Tennessee Code Annotated §§31-2-103, 30-2-402, and 30-4-102. For local routing, see the Hamilton County Court System and Chancery Court dockets and contact.
Tenant-occupied property
If tenants live in the house, include every lease, deposit record, access limit, and possession expectation in the comparison. A sale does not by itself answer what the lease requires. Read the actual agreement and ask a Tennessee attorney about any legal question on the lease, notices, or possession.
Chattanooga tenant-occupied property guidance →
Foreclosure notices and sale dates
Often, yes, you can sell a Tennessee house in foreclosure if the sale closes before the foreclosure sale. Many Tennessee home loans use a deed of trust. When it includes a power of sale, the trustee can sell the house at a public auction without a court case.
Under the usual notice rules in effect since July 1, 2025, the sale notice must run at least two times in a newspaper published in the county. The first newspaper notice must be at least 20 days before the sale. The notice must also be posted online by a third-party internet posting company for at least 20 days in a row. The trustee must mail you a copy of the notice by registered or certified mail by the date of the first newspaper notice.
Unless the loan papers forbid it, the sale can be postponed one or more times without a new newspaper notice. The sale must still happen within one year of the original date. Each new date must be announced at the scheduled sale. It must also be posted online, unless the delay is less than five days. If the sale is pushed back more than 30 days, the new date, time, and place must be mailed to you at least 10 days before the sale.
For a sale under a deed of trust or mortgage without a court judgment, Tennessee law gives a two-year right to redeem unless the deed of trust or mortgage expressly waives it. A court-ordered sale has different rules. If a trustee's sale is scheduled, tell us the date right away so we can try to close before it. Notice periods do not establish how much time remains on a particular property; check the current notice and sale date.
Tennessee Code §35-5-101 notice-rule change, 2025 Public Chapter 515 · Tennessee Secretary of State list of third-party internet posting companies · Tenn. Code Ann. §66-8-101 (redemption).
Read the Chattanooga foreclosure guidance and use the exact trustee notice for the property.
Tennessee realty transfer tax and closing costs
Tennessee charges 37 cents for each $100 of the price paid or the property’s value, whichever is greater, when the deed is recorded. A $100,000 sale has $370 in state realty transfer tax. By law, the buyer pays it, and the county register of deeds collects it for the state. Some transfers are exempt, so ask the title company to check the deed and transfer type.
When you sell to us, we pay the closing costs, including Tennessee's realty transfer tax. Your mortgage, liens, back taxes and share of current property taxes are separate.
Tennessee Department of Revenue: recordation taxes · Tennessee Department of Revenue: recordation tax overview · Who pays and collects the transfer tax.