Estate rules and taxes
Who can sign depends on the will and the estate record
In Tennessee, a house usually passes at death directly to the heirs or people named in the will. A will can instead direct that the house be handled as part of the estate, under the personal representative’s control, or give that representative power to sell it. A personal representative is the person appointed by the probate court to handle the estate; when there is a will, this is usually the executor named in it. The court’s letters are proof of the appointment and authority.
When the will puts the house under the personal representative’s control or gives that person authority to sell, the personal representative can usually sign. Otherwise, the heirs or beneficiaries who own the house generally all need to sign the deed. If the estate’s other assets cannot pay its debts, the personal representative or a creditor can ask the court to order a sale of the land, with people who have an interest in the house included in that court case. Tennessee’s small-estate process covers personal property only, not a house.
We help coordinate the sale, but we do not provide legal advice. The title company or a qualified attorney can confirm who has authority to sign for the estate.
Tennessee charges a realty transfer tax when the deed is recorded: 37 cents for each $100 of the price paid or the property’s value, whichever is greater. The buyer is legally responsible for the tax, and the deed states the price or value under oath. The county register of deeds collects the tax for the State. Some transfers are exempt, including an executor’s deed carrying out a will; the deed and transaction determine whether an exemption applies.
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 authorities: Tenn. Code Ann. §§ 31-2-103, 30-2-402, 30-4-102, and 67-4-409(a).