Tennessee Code Annotated
Tenn. Code Ann. § 30-2-402 (2026)
Petition in court of administration for sale of realty - Procedure
✓ current as of May 2026
- (a) If the personal property available appears to be insufficient to pay debts and expenses, the personal representative, or a creditor whose claim is duly filed, may, at any time, file a petition in the court in which the estate is being administered, for the sale of the decedent's land, or so much of the land as may be necessary, regardless of the county in which the land lies; provided, if all of the land to be sold lies outside of the county of administration, the sale shall be held in the county in which such land lies upon such notice as may be prescribed by the court and the clerk shall file for record in the office of the register of deeds in the county where the land lies a certified copy of the decree confirming the sale or deed thereto and charge the expenses of sale and cost of recording as a part of the costs of the cause.
- (b)
- (1) The surviving spouse, heirs, devisees, encumbrancers, and others interested in the realty, excepting creditors, shall be impleaded.
- (2) No preliminary formal suggestions of insolvency need be made, nor advertisement for creditors other than that already made under the requirements of § 30-2-306.
- (3) Nothing in the proceeding nor in any decree made in the proceeding, shall change the manner or affect the time for filing claims as provided in § 30-2-307.
- (4) Hearings may be upon oral testimony.
- (5) The court shall have the same powers as a court of chancery in like cases, and the mode of procedure, except as modified in this section, shall follow that prescribed for the conduct of such causes in chancery.
- (c) If, upon the hearing, the court is satisfied that the personal estate is insufficient as mentioned in subsection (a), and that the land ought to be sold, it may decree the sale of the land in whole or in part, subject to subsequent confirmation by the court. The court is also empowered, in a like proceeding, to ratify contracts of private sale and to authorize the consummation of the contracts by the personal representative. Every deed made pursuant to such orders of court, whether issued as the result of a public or a private sale, and every decree of court divesting and vesting title shall be effective to divest all the right, title and interest, legal and equitable, in the property sold, and vest the title and interest in the purchaser.
- (d) The heir or devisee whose land shall be sold has the privilege, either in this cause or by subsequent application, to compel all others holding or claiming under the decedent to contribute in proportion to their respective interests for the purpose of equalizing the burden of the loss.
- (e) Nothing in subsections (a)-(d) shall be construed as divesting the jurisdiction or powers now possessed by the chancery court in respect of the administration of insolvent estates of decedents.
Acts 1939, ch. 175, § 8; 1943, ch. 24, § 1; C. Supp. 1950, § 8196.11 (Williams, § 8196.8); Acts 1957, ch. 395, § 1; T.C.A. (orig. ed.), § 30-602.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1988–2022 · leading case: Gentry v. Gentry, 924 S.W.2d 678 (Tenn. 1996).
Gentry v. Gentry, 924 S.W.2d 678 (Tenn. 1996). “…file a petition in the court in which the estate is being administered, for the sale of the decedent’s land....” Tenn.Code Ann. § 30-2-402(a) (1984).”
Burleson v. McCrary, 753 S.W.2d 349 (Tenn. 1988). “See T.C.A. §§ 30-2-402 et seq. In addition, *354 the executor in the present case was expressly clothed with a power of sale of realty in order to make distribution in equal shares among the children.”
Clayton v. Morris, 104 S.W.3d 855 (Tenn. Ct. App. 2002). “See T.C.A. § 30-2-402. Thus, to answer the issue as phrased, the Executor cannot defeat the payment of claims and the Widow’s entitlements by failure to subject the real property for payment thereof.”
In Re: Est. of Mary A. Grass (Tenn. Ct. App. 2008). “McLendon was properly served because he filed the Petition to Compel pursuant to Tennessee Code Annotated section 30-2-402. Tennessee Code Annotated section 30-2-402 requires that “[t]he surviving spouse, heirs, devisees, encumbrancers, and others interested in the realty, 35…”
The Est. of Clint Wallace v. NewRez, LLC (Tenn. Ct. App. 2022). “Tennessee Code Annotated section 30-2-401 gives the probate court “concurrent jurisdiction with the chancery and circuit courts to sell real estate of decedents[,]” and section 30-2-402 provides, in relevant part, that the personal representative may file a petition for the sale…”
Roger Clayton Morris v. Lola Jane Morris (Tenn. Ct. App. 2002). “See T.C.A. § 30-2-402. Thus, to answer the issue as phrased, the Executor cannot defeat the payment of claims and the Widow’s entitlements by failure to subject the real property for payment thereof.”
In Re: Est. of Anne F. Threefoot, Anne W. Miller v. United States (Tenn. Ct. App. 2006). “§ 31-2-103, the Court is nonetheless authorized under T.C.A. § 30-2-402(c) to divest those beneficiaries of their title and interest to the real property and authorize [Ms.”
Whitney Stegall v. Dottie Lou Pryor, Benton M. Mason Jr., Hugh Burton Mason - Concurring (Tenn. Ct. App. 1997). “Tenn. Code Ann. § 30-2-402 , et seq. Moreover, we note that the Order of November 13, 1996 merely authorized the Administrator C.”
BAC Home Loans Servicing, LP, F/K/A Countrywide Home Loans Servicing, LP v. Kaiser C. Taylor & All Known & Unknown Heirs of Kaiser C. Taylor & Kathy K. Taylor (Tenn. Ct. App. 2013). “Tennessee Code Annotated § 30-2-402. 10. No claims have been filed against the Estate of Kaiser C.”
— Tenn. Code Ann. § 30-2-402(a) — 1 case
Gentry v. Gentry, 924 S.W.2d 678 (Tenn. 1996). “…file a petition in the court in which the estate is being administered, for the sale of the decedent’s land....” Tenn.Code Ann. § 30-2-402(a) (1984).”
— Tenn. Code Ann. § 30-2-402(b)(1) — 1 case
In Re: Est. of Mary A. Grass (Tenn. Ct. App. 2008). “McLendon was properly served because he filed the Petition to Compel pursuant to Tennessee Code Annotated section 30-2-402. Tennessee Code Annotated section 30-2-402 requires that “[t]he surviving spouse, heirs, devisees, encumbrancers, and others interested in the realty, 35…”
— Tenn. Code Ann. § 30-2-402(c) — 1 case
In Re: Est. of Anne F. Threefoot, Anne W. Miller v. United States (Tenn. Ct. App. 2006). “§ 31-2-103, the Court is nonetheless authorized under T.C.A. § 30-2-402(c) to divest those beneficiaries of their title and interest to the real property and authorize [Ms.”
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