Documents You Need to Sell an Inherited House in Tennessee: A Checklist

• Certified death certificates. Order several. Title companies, banks, insurers and the court may each want one. The funeral home can usually help with the first order.

• The original will, plus any codicils. Courts generally want the original, so find it early: desks, safes, a safe deposit box, or the office of the lawyer who drafted it.
• Trust documents, if the house was deeded into a living trust: the trust agreement, amendments, and sometimes a certification of trust.
• No will? That's common. See what happens to an inherited house with no will in Tennessee.

Which of these you need depends on your family's path. Our guide do you need probate to sell an inherited house in Tennessee? explains the paths.

• Letters Testamentary or Letters of Administration, if the court appointed an executor or administrator (T.C.A. § 30-1-117). Ask the clerk for several certified copies.
• A muniment of title order, if the will was probated without letters (T.C.A. § 32-2-111).
• An affidavit of heirship, if the heirs are signing together. Tennessee allows these to be recorded with the register of deeds (T.C.A. § 30-2-712). The title company usually says what it should contain.
• Any court order authorizing the sale, if one was needed.

A common mix-up: a power of attorney generally ends when the person who signed it dies, so it usually can't be used to sell the house afterward.

• The recorded deed, from the register of deeds in the county where the house sits, such as the Davidson County Register of Deeds. It shows exactly how the house was titled.
• The latest property tax bill and proof of payment. In Tennessee, the last day to pay the prior year's taxes without interest is the end of February (Tennessee Comptroller assessment schedule).
• Mortgage or home equity statements, so the title company can order a payoff. See what happens to a mortgage or reverse mortgage after death in Tennessee.
• HOA information, if any: the management company, latest dues statement, and any assessment notices.
• Homeowner's insurance policy information.
• A survey or plat, if you have one. Helpful for acreage and rural property.
• Utility account details, so final bills can be handled.

• Every heir or beneficiary's full legal name, address, phone and email.
• Any heir who can't sign for themselves, such as a minor. This often changes which path the estate needs.
• Family facts the title company may ask about: marriages, divorces, and all children of the person who passed.

• Photo ID for every signer.
• Taxpayer information. Title companies generally report sale proceeds to the IRS on Form 1099-S (IRS: About Form 1099-S). For taxes on the sale, see taxes on inherited property in Tennessee.
• Bank wiring details. Confirm wiring instructions by phone with the title company at a number you already know.
• Keys, garage remotes and codes for the buyer.

• Deed: the county register of deeds.
• Tax records: the county trustee.
• Court records: the probate court clerk. In Davidson County, that's the Probate Court Clerk. In many other Tennessee counties, it's the chancery court's clerk and master.
• The will: the lawyer who drafted it, a safe deposit box, or the probate court if it was filed.

Can we start the sale before we have every document?

Yes. You can get an offer and often sign a contract while paperwork is finished. Closing waits until the title company has what it needs.

What if we can't find the original will?

Tell your attorney right away. There are procedures for it, but they take more time.

You don't need every document to find out what the house is worth. Get your free cash offer for a written as-is number, and see how it works. We work with the title company on the paperwork and close when it's ready.