Before discussing a sale, establish who owns the property and who has authority to act. Being a relative, an heir, or the person with the keys is not enough to answer those questions.
Free to read & printNo sign-up requiredChecked October 29, 2026
One useful thing to do first
Find the deed, the latest mortgage statement and any court or sale notice before anyone signs for the house.
Keep your documents in a secure folder. Use the steps below at your own pace; a scheduled sale, court date or safety order needs prompt attention.
Your first steps
1
Check for a deadline before deciding to sell
Put mortgage, tax, court and code notices in date order. If a sale or hearing is scheduled, contact the relevant office and legal help today. An estate proceeding or a conversation with a buyer should not be treated as a postponement.
Gather the recorded deed, death certificate, will or trust documents, any court appointment or orders, mortgage statement, insurance information and a list of people living in the property. Keep originals safe. Ask an attorney or title professional which documents establish ownership and authority in this particular estate.
Use the deceased person's full legal name in the official estate lookup or free CaseSearch. Save the case number. Ask the Probate Clerk how to obtain the relevant appointment or order. A search result locates a case; it is not a legal conclusion about who may sell.
As an organizing step, write down who will check the home, receive notices, communicate with occupants, and keep a record of necessary payments. Ask the insurer about any change in ownership or occupancy. This plan is not permission to evict someone, move estate money or bind other heirs.
Contact the mortgage servicer about successor status
Ask for the exact documents needed to verify your identity and ownership interest and where to send them. Request a written response identifying anything still missing. If payments are unaffordable, ask about hardship review while title and successor questions are being resolved.
Compare keeping, renting and selling after authority is clear
Prepare a monthly carrying-cost list and a written estimate of sale proceeds after loan payoffs, liens and closing expenses. Ask estate counsel about claims and distributions before dividing money. If heirs disagree, get advice on an agreement, a buyout or applicable partition protections before signing away an interest.
Davidson's current small-estate petition covers qualifying personal property and expressly says it is not valid to transfer real estate. A house needs its own title and probate review.
Successor confirmation is not the same as assuming a loan
Ask the servicer to explain each separately. Covered servicing rules treat a confirmed successor as a borrower for specified protections without requiring an assumption. That does not decide your personal liability under state law or guarantee a particular loan option.
The CFPB explains that when a person already has title through a qualifying family transfer, its ability-to-repay rule does not itself require a new evaluation before taking over the mortgage. Ask the servicer about the existing loan before agreeing to refinance; approval and release of another borrower remain separate questions.
TennCare long-term care may require a separate review
Ask estate counsel whether a TennCare Request for Release is needed before distributing proceeds. The form can establish whether there is a claim and request waiver or hardship review. Certain surviving-family and caregiving circumstances may affect recovery. Do not assume every estate owes a claim or that every caregiver qualifies. TennCare states that surviving family members are not personally responsible for the deceased person's recovery debt. Use the current form linked on TennCare's estate-recovery page, follow its document instructions, and keep the claim, release or deferral letter with the estate file.
Create a neutral record of the deed, all claimed ownership interests, any will or court order, occupancy, loans and documented expenses. Write down the decisions people agree on and the ones they do not. Ask a Tennessee real-estate or probate attorney about a voluntary agreement, a documented buyout and whether heirs-property partition rules apply. Do not present a forced sale as the automatic outcome or promise that a single co-owner can sell the entire home.
As a family planning exercise, list the mortgage, taxes, insurance, utilities, essential repairs and occupancy costs. Record who pays what while decisions are pending. Ask counsel how expenses and reimbursement should be handled; paying a bill does not by itself settle a person’s ownership share.
Start with the Probate Estate Lookup or the clerk’s free CaseSearch link. Free basic results do not include document images; paid CaseLink is different. If the online service fails, call the Probate Clerk at 615-862-5980 with the name, case number and specific order you need. Ask about copy fees.
Ask the Register of Deeds at 615-862-6790 for the recorded deed and relevant releases, liens or later instruments. Online subscriptions and copies may cost money. A tax record or a search result is not a complete title examination.
Keep these in your own secure folder. You do not need to upload them here.
Check marks clear when you reload. Print this page to keep a copy.
Words you can use
Ask the servicer about an inherited home
I may have an ownership interest in the home after a death or family transfer. Please connect me with the team handling successors in interest. What documents do you need to confirm my identity and ownership, and where do I send them? Please put the document list and any missing items in writing. How can I receive servicing information and ask for payment help? Please explain successor confirmation separately from assuming liability or refinancing.
Keep the representative’s name, date, reference number and next promised action.
Questions worth asking
Who has legal authority to sign for this property?
Does the deed transfer ownership outside probate, or is court action needed?
Are there other owners, minor beneficiaries, disputes or creditor issues?
What must be resolved before proceeds can be distributed?
What will your review cost, and who is your client?
Screen for civil legal help, brief advice or referrals.
Cost & limits: Eligible help is free; the office cannot accept every case or guarantee representation.
First step: Call first. State your county, issue and earliest sale or court deadline. Use the verified HELP4TN office listing for current access details.
Determine a possible estate claim and ask about release, waiver or hardship review.
Cost & limits: Do not assume the estate owes a claim or a caregiver qualifies for relief. Relatives are not personally liable merely because of the relationship.
First step: Use the current Request for Release and its checklist. Keep the written response with the estate file.
These firms appear in our past property and closing work. Ask directly about services, fees, conflicts and availability. A closing firm may not represent you as your personal attorney.
Commercial services, separate from the independent assistance above. You are free to choose your adviser; prior work is not a guarantee of a result or fit.
Write a short plan and keep a record of your calls. Nothing here is saved or sent to Offer Genies. Reloading clears it. Keep account numbers, Social Security numbers and other sensitive details in your own secure records.
My deadline________________________________
Who I will contact________________________________
My next action________________________________
Follow-up date & result needed________________________________
My call & document log
Record what was promised, what you sent, how you sent it, and when you will check back. Keep proof of receipt with your own documents.
Offer Genies is a property acquisition business, not a law firm or government housing agency. This is general educational information, not advice about your particular case. Rules, eligibility and deadlines vary. Contact a qualified Tennessee attorney or HUD-approved housing counselor when your rights or a sale deadline are at stake.
We prioritize the agencies that run the programs: CFPB, HUD, THDA, Tennessee courts and local providers. Where older pages conflict with current notices, the guide identifies the current limitation rather than promising help.
Resources checked October 29, 2026. This guide has not been reviewed by an attorney. Programs and links can change; confirm details with the provider. Published eligibility is a starting point, not an approval.
Found something that needs correcting? Let us know.
Only if you decide selling is right
Understand the numbers before the next chapter.
Compare selling options and use our private proceeds worksheet. Offer Genies buys property, but this library is here whether you keep your home, sell with an agent, sell to someone else or never contact us.