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, unless the will directs that the house be handled as part of the estate. A personal representative is the person the probate court appoints to handle the estate; when there is a will, this is usually the executor it names. The court’s letters are proof of that person’s authority.
If the will puts the house under the personal representative’s control or gives that person power to sell it, 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 the house sold, with everyone who has an interest in the house included in that court case. Tennessee’s small-estate process covers personal property only, not a house. Estate debts can still affect the sale. These rules are in Tenn. Code Ann. §§ 31-2-103, 30-2-402, and 30-4-102.
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 realty transfer tax
Tennessee charges a realty transfer tax when the deed is recorded. The rate is 37 cents for each $100 of the price paid or the property’s value, whichever is greater. State law makes the buyer responsible, and the county register of deeds collects the tax for the state. Some transfers are exempt, including certain executor’s deeds carrying out a will; whether an exemption applies depends on the actual deed and transfer.
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 →