Selling Inherited Land in Tennessee: What You Need to Know

A lot of the calls we get are from people who inherited land they never asked for. The deed is in a drawer. The tax bill shows up every year. Some of them couldn’t tell you which county the land is in without looking it up. They’d just like it off their plate.

If that sounds like you, there’s no rush and no wrong question. Inherited land often comes with problems, like unclear titles, back taxes, or family members in different states. Sorting those out is a big part of what we do.

Why Does Inherited Land Feel So Complicated?

Because it usually comes with something in the way. The deed is still in a parent’s or grandparent’s name. Probate was never opened or was opened years ago and never finished. Several brothers and sisters now share it, and one doesn’t return calls. Taxes may be behind. An old loan may never have been released. Any one of these can stop a normal sale, and many agents and buyers won’t touch it. So, families often just keep paying the taxes for another ten years.

The Deed Is Still in My Loved One’s Name. Can I Still Sell?

Usually, yes, and you don’t need to have it figured out before you call us. In Tennessee, land generally passes directly to the heirs or the people named in the will at death. The title company just needs proof of who those people are. Common paths include:

• There was a will: The will can often be probated just to pass the land; a shorter process called a muniment of title.
• There was no will: Heirs can often use an affidavit of heirship showing who inherited. Note that Tennessee’s small estate affidavit does not work for real estate.
• The land was in a trust: The successor trustee usually signs. See Land in a Trust: Who Signs and What to Expect When You Sell in Tennessee.
• The land was owned jointly with a spouse: It often passed automatically to the surviving spouse.

Sometimes the title company will still want full probate. They’ll tell us exactly what they need. See Tennessee Probate and Your Land: The Short Version.

What If There Are Several Heirs?

In most cases, everyone who owns a share must sign. That’s easier than it sounds. Each heir can sign from wherever they live with a mobile notary, even in different states. If the family doesn’t agree on selling, see When Family Members Can’t Agree on Selling Inherited Land.

What About Back Taxes?

When nobody lives on the land, taxes sometimes stop getting paid. Call the County Trustee in the county where the land is to find out what’s owed. Don’t wait too long, because unpaid taxes can eventually lead to a county tax sale. The good news is that back taxes can usually be paid right out of the sale at closing. See Behind on Property Taxes? You Can Still Sell Your Tennessee Land.

Will I Owe Taxes When I Sell?

Tennessee’s inheritance tax was repealed for deaths on or after January 1, 2016. For federal taxes, inherited land is usually valued at what it was worth when your loved one passed away, so if you sell soon, you may owe little or no tax on the sale. Every situation is different, so check with a tax professional.

Inherited Land Is a Target for Scammers

Land that nobody lives on, owned by family members in other states, is exactly what scammers look for. Before you talk to any buyer, take five minutes to read our guide from a retired law enforcement officer: How to Protect Your Land From Scams: A Retired Law Enforcement Officer’s Guide for Tennessee Landowners

How We Help

Our team pulls the title, finds out what needs clearing and works with the title company and, when needed, a Tennessee attorney on probate or heirship paperwork. We help coordinate signatures from every heir, and back taxes are paid at closing. For other title problems, see Messy Title? The Most Common Problems and How We Fix Them. If you live out of state, see Live Out of State? How to Sell Your Tennessee Land Without Making the Trip.

Your part is short: a phone call, verifying your ID with the title company, signing with a mobile notary at home, and choosing how you want to be paid.

Watch Out for These Red Flags

• A price cut right before closing with no real reason, after your land has been tied up for weeks.
• No proof of funds. Ask any “cash” buyer to show it.
• A high number that shrinks. Some offers look good until fees, attorney costs, and back taxes come out. Always ask for the amount you’ll walk away with, in writing.

This article is general information, not legal or tax advice. For your situation, talk with a Tennessee estate attorney or tax professional.

About Copco Properties

Copco Properties is Owned and Operated by a Retired Law Enforcement Officer and a Military Veteran. In law enforcement, when someone called with a problem, the job was to show up, listen, get the facts, and help solve it. We bring that same approach to land. Back taxes, inherited property, title problems, no road access: these are the situations we work through every day. Brent, our military veteran, served at Fort Campbell and brings the same commitment to doing the job right and seeing it through.

• No commissions and no hidden fees.
• Every sale closes at a reputable title company.
• We’re up front about everything, and we’ll explain every number and every step in plain English.
• No pressure. Take all the time you need.

If you’ve inherited land in Tennessee and aren’t sure what to do with it, call us at 615-610-3303 or fill out the short form on our website. Even if the deed is still in your loved one’s name, we’re happy to investigate it and walk you through your options.