Tennessee Probate Real Estate Sale Calculator

Independent administration authority can let a Tennessee executor sell the house without going back to court each time — and whatever gain the sale produces, Tennessee itself never taxes it at all.

Based on T.C.A. Title 30 FigureMyTax Editorial Team Free · no sign-up

Selling a Tennessee probate house

Enter the sale price and how the executor's authority is set up to see the likely cost breakdown.

$
$
Estimated cost of this Tennessee probate sale
$0
Do I need court approval? →
Facing probate in Tennessee?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Tennessee attorney

Independent authority is the fast lane

When a will grants independent administration authority — or the court grants it on request even when the will is silent — the executor can sell estate property, including real estate, without seeking court approval for each individual transaction. Without that authority, or where the estate is insolvent and real property has to be brought in to cover debts, the sale is subject to the probate court's approval.

Objections can pull a sale back under the court's eye

Even an executor with real discretion over selling assets isn't unlimited: if a beneficiary objects to a proposed sale, the executor may need to go back and seek court approval anyway, since the court retains oversight to make sure the executor acts in the estate's interest.

No statutory percentage — reasonable compensation, case by case

Tennessee doesn't set executor pay by a fee schedule. Courts award "reasonable compensation" weighed against the estate's size and complexity, the time involved, and local custom, approved at the accounting or in the order appointing the executor — selling a house adds real, billable time to that calculation.

What this estimate does not include

This calculator estimates realtor commission and an illustrative hourly executor fee; it does not compute attorney fees, court costs, or bond premiums. See Capital Gains Tax on the Sale for the (very short) tax picture.

Tennessee's probate courts operate county by county

Depending on the county, probate is handled by Chancery Court, Circuit Court, or the county clerk's office directly — Shelby County (Memphis), Davidson County (Nashville), Knox County (Knoxville), and Hamilton County (Chattanooga) among them. See how Tennessee title practice treats estate real property sales for more background. The underlying statutes in T.C.A. Title 30 apply identically statewide; only which local office handles the filing differs.

Tennessee probate real estate sale — frequently asked questions

Does a Tennessee executor need court approval to sell estate real estate?

Not if the will grants independent administration authority, or the court grants it on request — the executor can then sell property without approval for each individual transaction. Without that authority, or if a beneficiary objects, court approval is typically required.

How much does a Tennessee executor get paid for selling the house?

There's no fixed percentage. Tennessee courts award "reasonable compensation" based on the estate's size and complexity, the time involved, and local custom — approved by the probate court at the accounting or in the order appointing the executor.

Do I owe Tennessee state tax on the gain from selling an inherited house?

No. Tennessee has no state income tax on wages, salaries, or investment gains — the Hall Tax on investment income was fully repealed in 2021 — so any taxable gain is federal-only at the state level.

When does an insolvent Tennessee estate need to sell the house?

If the estate's other assets can't cover its debts, real property can be brought into the probate estate specifically to satisfy those debts, and that sale is subject to the probate court's approval.

Can a Tennessee probate sale involve competing bidders at the courthouse?

In a court-supervised sale, yes — the executor petitions the court to review all offers, and interested buyers can outbid each other in an auction-style format before the winning bid is confirmed.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on Tennessee statute (T.C.A. Title 30) and typical realtor commission rates. Actual costs depend on the will's specific language, the probate court's own practice, and the estate's overall picture. Confirm current figures with the county Probate Court or a licensed Tennessee attorney before acting.