Q: In TN do you have to file a motion to sell a home in probate?
I am a co-executor of an estate and was wondering about due process. It was my understanding that a motion to sell the home was supposed to be filed with the court and the realtor was supposed to submit comps to be approved by the judge. The house has a buyer, so is this process necessary?
A:
You need to hire a competent attorney. Real Property usually does not have anything to do with Probate, unless there is a Will Devising the disposal of such, or the Estate is Insolvent. Many title companies want Probate to ensure that no debts remain against the Estate, but it is not a legal requirement for the Heirs nor the Devisees to so convey. It is often a huge expense of time and money
with no benefit to anyone but the title company.
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