What I understand by your query is that, if a person died leaving behind a spouse and two major children in Tennessee State, whether the children are entitled to sale out the home of the deceased for recovering the part of their share in the State? According to my understanding of the Tennessee Code, all the estate of the decedent would pass on to the spouse and his two major children, except the homestead, if left by the decedent. If you are not asking about the homestead, then the property of deceased is now property of the legal heirs and all three persons are owner of 1/3rd of the property. Now the question of sale of the property would arise. According to the law of the State the property of the deceased cannot be sold out except through executor or administrator appointed by the concerned court. The spouse of the deceased has the first right to be appointed as administrator and if he/she fail to apply for appointment then one of the kin of the deceased can apply for the appointment.

