Home Buying in 37601>Question Details

wtfielder1, Home Buyer in Elizabethton, TN

is it legal to sell a house that has not been through probate?

Asked by wtfielder1, Elizabethton, TN Tue Jul 24, 2012

Help the community by answering this question:


This something that you need to consult an attorney in your state. You can really get hung up if you do not.
1 vote Thank Flag Link Wed Jun 4, 2014
It is FRAUD to try to sell something that you DO NOT own!!!!

It will get into a gray area, when you are the beneficiary and you are GOING to own it, and the Contract is worded correctly.

I hope that answers your question.
1 vote Thank Flag Link Tue Jul 24, 2012
I would talk to a Real Estate Attorney to have them begin the process of the probate proceedings and to make sure that is the avenue that is needed for that piece of Real Estate.
0 votes Thank Flag Link Wed Jul 1, 2015
If the property has been willed to you and you never cleared/transferred the title through a probate action, you could sell it with the proper caveats but the buyer will not get "clear/clean" title which could create a problem for them down the road, AND a bank is unlikely to agree to issue a mortgage on the property. It is simpler and cleaner to just probate the will, get a court order transferring title and then sell.
0 votes Thank Flag Link Sun Aug 19, 2012
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