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Probate is the legal process through which a deceased person's will is validated and their estate is administered. This includes paying off any debts and distributing assets according to the will or, if there's no will, according to state law.

During probate, the deceased's assets are inventoried, debts and taxes are settled, and the remaining assets are distributed to beneficiaries. If there is a valid will, the executor appointed in the will carries out these tasks. If there's no will, the court appoints an administrator.

Not all estates go through probate. For example, if the deceased's assets were held in a trust or if they are jointly owned with someone else, those assets may bypass probate. The exact requirements depend on state law.

The executor is the person named in the deceased's will to oversee the probate process. Their duties include filing the will with the court, paying debts and taxes, managing assets, and distributing the remaining property to beneficiaries.

The probate process can take several months to several years, depending on the complexity of the estate, whether there are disputes, and local laws. On average, it can take 6 months to a year. 

The cost of probate varies, but common expenses include court fees, attorney fees, executor fees, and fees for appraisers or accountants. These can total several thousand dollars, depending on the estate size and complexity.

In Tennessee it takes 6-12 months.

When may the representative sell the property? 
-The personal representative (also known as the executor or administrator) of an estate may sell a property during probate under certain conditions. Here's when they may do so:

1. Court Approval (if required)

In some cases, the personal representative needs to get court approval before selling property. The requirements for court approval depend on the specific circumstances and the state in which the probate is taking place. For example: 
If the will specifically states that the personal representative can sell the property without court approval, they may do so without seeking permission.

If the property is not specifically mentioned in the will or there is no will, the court may need to authorize the sale, especially if it is unclear how the property should be handled.

2. When the Sale is Necessary to Settle Debts

The personal representative may need to sell property to raise funds to pay for the decedent's debts, taxes, and probate expenses. This is typically the case when the estate doesn't have enough liquid assets to cover these costs. 

3. When Authorized by the Will or Trust

If the decedent's will authorizes the sale of the property or the will names the personal representative with the power to sell assets, the personal representative may sell the property without court approval. Similarly, if the estate is governed by a trust, the trustee (if different from the personal representative) may sell property in accordance with the trust's terms.

4. When the Property Is Not Needed for Distribution

If the property is not specifically designated for a particular beneficiary or cannot be easily divided (for example, real estate), the personal representative may decide to sell the property. The proceeds from the sale will then be divided among the beneficiaries according to the terms of the will or intestate laws.

5. To Maintain the Value of the Property

In some situations, if the property is deteriorating or incurring maintenance costs that exceed its value, the personal representative may sell it to preserve the estate's value.

6. Notice to Beneficiaries

If the personal representative is selling property, they are generally required to notify the beneficiaries of the sale. Beneficiaries may also have a right to object to the sale if they believe it is not in the best interests of the estate.

7. Compliance with State Law

Each state has different probate rules, so the personal representative must follow local probate laws. Some states require public notice or an auction for the sale of property, while others may allow private sales with court approval.

8. After a Certain Period

In many cases, the personal representative must wait until the probate process has progressed a certain way before selling the property. This can include:

• The period for creditors to make claims against the estate has expired.
• Finalizing an inventory of estate assets. 
• Paying debts and taxes.

In Tennessee, the sale of estate property by a personal representative is governed by specific statutes within Tennessee Code Title 30- Administrative of Estates. It's essential for personal representatives to adhere to these statutory requirements when selling estate property in Tennessee. Consulting with a legal professional experienced in Tennessee probate law is advisable to ensure compliance and proper administration of the estate.

Is there a minimum price for selling?

While there isn't a specific statute setting a minimum price for probate sales, courts typically require that real estate not be sold for less than a certain percentage of its appraised value. For instance, in formal probate proceedings, the court may mandate that the property sell for at least 90% of its appraised value. This practice ensures that the estate receives fair value from the sale.