Legal Question in Wills and Trusts in Tennessee

Which home is for sale - the one in Tennessee or North Carolina? I wasn't sure, from your question.

If in Tennessee: You should review the deed and confirm how the house was titled - most married people in Tennessee hold title as tenants by the entirety. So, if your mother-in-law owned the house with her husband as tenants by the entirety, then her share of the house passed to her husband automatically upon her death. Thus, he would now own 100% of the house and could proceed with the sale as the sole owner. In this instance, probate is irrelevant because your mother-in-law's share of the house passed automatically, and does not pass through her probate estate.

However, if title was held in a different form - such as tenants in common - then her share does pass through her probate estate. How long probate will take depends upon whether she had a will, and whether or not the will granted her executor the power to sell real property. If no will, or that power wasn't granted, then the court will have to approve the sale which may take longer. (This is one good reason to have a well-drafted will in place.)

If the house you're referring to is in North Carolina, you should post your question for an attorney in that state for response, as I'm licensed only in Tennessee and am not certain how this would be handled under NC law.