1. Does the Tennessee small‑estate process let you sell real property?

No. The simplified small‑estate collection methods are designed primarily for collecting personal property (bank accounts, personal effects) without full probate. Those streamlined procedures usually do not provide authority to transfer or sell real estate. To sell real property owned by a decedent you typically must have formal appointment by the probate court with specific authority to sell.

For Tennessee statutes and general probate information, see the Tennessee Courts site: https://www.tncourts.gov/ and the Tennessee Code pages at the Tennessee General Assembly: https://www.capitol.tn.gov/. Contact the probate clerk in the county where the decedent lived for local forms and procedures.

2. When do you need a limited personal representative (limited PR)?

• If you must publish a notice to creditors under Tennessee law and handle estate claims.
• If real property needs to be sold to pay debts or to distribute proceeds to beneficiaries.
• If the decedent left a will that grants the personal representative specific powers (the court may confirm those powers).
• If the property is titled only in the decedent’s name and a third party (buyer, title company, lender) requires probated authority to transfer title.

3. Step‑by‑step: How to get appointed as a limited personal representative in Tennessee

1. Locate the correct court and clerk.

   File your petition in the probate court (or the court that handles estates) in the county where the decedent was domiciled. Contact the county probate clerk for local filing requirements and forms; Tennessee AOC has resources at https://www.tncourts.gov/.

2. Prepare your petition (petition for appointment / letters of administration limited).

   Typical petition items: the decedent’s name, date of death, place of domicile, a statement whether there is a will, names and addresses of known heirs and beneficiaries, a brief inventory of assets (including the real property you intend to sell), and a specific request that the court appoint you as a limited personal representative with authority to publish notice to creditors and to sell the described real property (if sale authority is needed).

3. Attach required documents.

   Common attachments: certified death certificate, a copy of the will (if one exists), an affidavit of the petitioner’s facts, and any closing or title documents you already have. The clerk will tell you which documents and how many copies to provide.

4. File the petition and pay filing fees.

   Pay the county filing fee and any required bond amount if the court requires a bond. Some limited appointments require a reduced bond or no bond if waived by heirs or allowed by statute—check with the clerk and your judge.

5. Notify interested persons and set the hearing.

   The court will set a hearing date. Tennessee law requires notice to heirs and beneficiaries; follow the court’s instructions for providing mailed notice and for publication if needed. The court will determine whether to grant limited letters and what powers to include.

6. Obtain Letters of Administration (limited) from the court.

   If the judge grants your petition, the court issues written authority (letters) that describe the scope of your powers (e.g., publish notice to creditors; list and sell specified real property subject to court approval or per the will’s authority).

7. Publish statutory notice to creditors.

   Once you are appointed, you must run whatever creditor notice Tennessee law requires. The probate clerk will provide the required content, publication schedule, and time frame. Follow the clerk’s instructions precisely so the estate receives the protections the law affords.

8. If selling real property: get court approval or follow the letters’ sale authority.

   The letters may permit you to sell the property subject to confirmation by the court or subject to certain conditions (appraisal, minimum bid, notice to heirs). If the letters do not provide explicit sale authority, you must return to the court and ask for an order authorizing sale. The court may require an appraisal, notice to interested parties, and accounting for sale proceeds.

9. Close the transaction and account to the court.

   After sale you must distribute proceeds according to Tennessee priority (pay funeral expenses, administration costs, taxes, creditors, then distribute to beneficiaries or heirs). File the necessary receipts and accountings with the probate court and obtain orders permitting distribution and recording of deed transfers.

4. Practical documents and evidence you will likely need

• Certified death certificate
• Original will (if any) or statement that there is no will
• Property deed and title information (county property records)
• Recent mortgage statement or payoff information
• List of known creditors and estimated asset values
• Names and addresses of heirs and beneficiaries
• Appraisal or broker price opinion if the court requests a formal valuation before sale

5. Timeline and common delays

• Initial filing to appointment: could be a few weeks depending on court backlog and whether the petition is contested.
• Publication to creditors: the court will set the required publication period; check with the clerk to meet statutory deadlines.
• Sale of real property: allow time for appraisal, notice periods, and court confirmation—this can take months.
• Distribution and closing: final accounting and approvals can add additional weeks or months depending on the estate’s complexity.

6. When a small‑estate affidavit may still help

If the estate’s assets are limited to personal property and fall under the threshold for Tennessee’s simplified collection procedure (check the clerk or statutes for the current threshold), a small‑estate affidavit might let an heir/legatee collect personal items or small bank accounts without a formal appointment. However, that affidavit usually won’t provide the authority to publish creditor notices for the full probate process or to sell real estate.

7. Helpful hints

• Start at the county probate clerk’s office. Clerks provide local forms and can confirm whether your situation needs full or limited appointment.
• Get a title search early. A title company can flag liens, mortgages, or other clouds that affect saleability.
• Consider written consent from heirs/beneficiaries. If beneficiaries agree, the court may grant limited authority more quickly or reduce bond requirements.
• Get an appraisal or broker opinion before petitioning for sale authority—courts often want an independent valuation.
• Keep careful records of notices, advertisements, receipts, and distributions—probate accounting requirements are strict.
• If creditors are likely, ask the court about the required creditor notice language and the publication schedule to avoid missing deadlines.
• Talk to a local probate attorney if the estate is contested, has significant debts, or includes complex assets (business interests, trusts, out‑of‑state real property).