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Detailed Answer

When a decedent’s personal representative in Tennessee sells estate real property, heirs generally must do two key things to direct distribution of the sale proceeds: consent to the sale (when required) and sign a receipt and release acknowledging their share. Below is an overview of each step under Tennessee law.

1. Consent to Sale of Real Estate

Under T.C.A. § 30-2-309, a personal representative may sell estate real property at private sale without a court confirmation if all beneficiaries consent in writing. This written consent is typically titled “Waiver of Notice and Consent to Sale of Real Property.” If any heir or creditor objects, the representative must instead seek court approval under T.C.A. § 30-2-310.

• Statute: TCA § 30-2-309
• Probate forms: Tennessee AOC Probate Forms (look for “Consent to Sale of Real Property”).

2. Receipt and Release for Distribution

After the transaction closes, the personal representative prepares a “Receipt and Release” form (AOC Form P-7) for each heir. This document:

• Identifies the amount of cash proceeds allocated to that heir.
• Confirms the heir has received their share.
• Releases the personal representative and estate from further claims regarding the sale.

Heirs must sign and return this form before funds are disbursed. It ensures the estate can be closed without lingering liability.

• Form: AOC Form P-7: Receipt and Release (Real Property)

3. Court-Confirmed Sales

If any beneficiary or creditor objects to a private sale, the personal representative sells the property via petition to the probate court under T.C.A. § 30-2-310. After the court enters an order authorizing sale:

• The sale closes under the court’s terms.
• Heirs sign the same Receipt and Release form to accept and direct their share of proceeds.

• Statute: TCA § 30-2-310

Helpful Hints

1. Keep signed forms and transaction records in your probate file.
2. Review the distribution schedule carefully to confirm your correct share.
3. Ask the personal representative for clarifications well before closing.
4. If disagreements arise, consider consulting a probate attorney promptly.
5. Verify that your financial institution has proper instructions for wire or check disbursement.