Can you use the small‑estate process to sell a deceased relative’s house without publishing a three‑month creditor notice?

Short answer: Usually no. The routine three‑month notice to creditors is part of formal probate administration. The small‑estate affidavit procedure in Tennessee is generally intended to transfer limited personal property without formal administration and, in most cases, does not give the authority to sell real estate. If the house does not pass automatically by operation of law (for example, by trust, joint tenancy with right of survivorship, or beneficiary deed), you will likely need to open probate or get a court order before you can sell. Formal probate typically requires public notice to creditors.

Detailed answer — how Tennessee law treats small estates, creditor notice, and sale of real property

Start by understanding two separate concepts:

• Small‑estate procedures (affidavits): These procedures are designed to let an eligible person collect certain assets of a decedent without formal appointment of a personal representative. They are most commonly used to retrieve bank accounts, personal belongings, or modest assets where the law permits an affidavit instead of probate.
• Formal probate / administration: When the decedent owned real property in their name alone, or when assets exceed the statutory small‑estate limits or creditors must be administered, you generally must open an estate in probate court. The court appoints a personal representative who handles creditor claims, pays debts, and can sell estate real property if the will or court authorizes it.

Key practical rules under Tennessee law:

• If the house automatically passes outside probate—because the title used joint tenancy with right of survivorship, it was held in a living trust, or there is a valid beneficiary deed—then you can transfer or sell the property according to those rights without using the small‑estate affidavit or opening probate.
• If the decedent owned the house solely in their name and it does not pass automatically, you usually must open probate or obtain a court order to transfer or sell the real estate. The small‑estate affidavit is generally not the right tool to convey or market real property.
• When formal probate is opened, Tennessee probate rules include procedures to notify creditors so they can file claims. That process typically involves publication of a notice to creditors and a statutory period (commonly measured in months) during which claims may be timely presented before distribution of assets.
• If you try to sell the house before securing clear title (for example, without probate when probate is required), the title company will often refuse to insure the buyer’s title or the buyer’s lender will refuse to fund the purchase.

For the statutory framework and text of Tennessee’s probate and estate administration laws, see the Tennessee Code, Title 30 (Probate): Tenn. Code Ann. Title 30, Chapter 2 (Probate). For practical forms and guidance, the Tennessee courts provide probate resources at tncourts.gov.

Common scenarios and what to do next

• House is in a trust or has a beneficiary deed: Provide the trustee or beneficiary deed to the title company. No probate or creditor publication is usually required.
• House titled jointly with right of survivorship: The surviving joint tenant may need to record an affidavit of survivorship and certified death certificate to change title. No small‑estate creditor publication for the estate of the deceased joint owner is normally necessary for transfer of the jointly held house.
• House solely in decedent’s name and you wish to sell: Expect to open probate or obtain a court order. The probate process typically includes notice to creditors and a waiting period for claims before the estate can be closed and real property sold free of estate claims.
• Small estate with no real property: If the decedent’s assets are only small personal‑property items and the statutory small‑estate threshold and conditions are met, an affidavit can let you collect those assets without publication. That affidavit is not a substitute for authority to sell a house.

Typical steps to sell a house that needs probate authority

1. Confirm how title is held (deed, trust, joint tenancy, beneficiary deed).
2. Get certified copies of the death certificate and find any will.
3. Contact the county probate court clerk to ask whether the estate must be opened and to learn local procedures.
4. If probate is required, file for appointment of a personal representative (executor/administrator).
5. Publish the required notice to creditors and follow the court’s timetable for claims (the creditor notice period is part of statutory administration procedures).
6. After clearing claims and receiving authority from the court, work with a title company and closing attorney to list and sell the house.

When you may not need to publish a notice to creditors

• When the property passes outside probate (trust, joint tenancy, beneficiary deed).
• When the only procedure used is a small‑estate affidavit that qualifies under Tennessee law and the asset is specifically allowed to be collected by affidavit (usually personal property, not real estate).

Helpful Hints

• Check the property deed and any trust documents first—title language often decides whether probate is needed.
• Speak with the probate court clerk in the county where the house is located. Clerks can explain local rules and required forms.
• Get certified copies of the death certificate early. Title companies and courts require them.
• If a mortgage or lien exists, the lender must be paid or the lien resolved before a sale can close.
• Consider hiring a probate or real‑estate attorney if the title situation or creditor issues are unclear. Selling a house without clear authority risks delayed closings or post‑sale claims.
• Ask potential buyers whether they require title insurance or lender approval—both will usually require clear probate or transfer documents.
• Keep careful records of notices, filings, and communications with creditors and the court.

Disclaimer: This article explains general Tennessee probate principles and common practice. It is not legal advice and does not create an attorney‑client relationship. For advice about your specific situation, contact a licensed Tennessee attorney or speak with the probate court clerk where the property is located.