What Happens If You Die Without a Will in Tennessee?
If you die without a will in Tennessee, state law decides who gets your probate property. A surviving spouse gets everything if you have no children or other descendants, and shares with your descendants if you do. The court, not you, picks the person who runs the estate, starting with your spouse (Tenn. Code Ann. §§ 31-2-104, 30-1-106).
This is called dying "intestate." Here is how it works.
What the intestate rules cover
The intestate rules only reach your probate estate: property in your name alone with no co-owner and no named beneficiary. Joint accounts with survivorship, payable on death accounts, and life insurance or retirement accounts with a living beneficiary usually pass directly to the named person, will or no will. See Do I need probate in Tennessee? for how to tell the difference.
Who inherits under Tennessee law
Tennessee's intestate succession statute is Tenn. Code Ann. § 31-2-104. In plain terms:
If you are married
Spouse, no descendants: your spouse takes the entire intestate estate.
Spouse and descendants (children, grandchildren): your spouse takes one-third or a child's share, whichever is greater. The descendants share the rest.
Example: you leave a spouse and two children. A "child's share" would be one-third (the estate split three ways), so your spouse gets one-third and each child gets one-third. With four children, a child's share would be one-fifth, which is less than one-third, so your spouse still gets one-third and the four children split the remaining two-thirds.
If you are not married
The estate passes in this order, stopping at the first group that has a living member:
Your descendants. If they are all the same generation (for example, all children), they take equally. If some are more distant (for example, a grandchild whose parent died before you), the more distant ones take their parent's share "by representation."
Your parents, equally.
Your brothers and sisters, with the children of a deceased brother or sister taking that sibling's share by representation.
The statute continues to more distant relatives after that.
Who is not on the list
An unmarried partner is not on the list, no matter how long you were together. Neither are close friends or charities you cared about. Without a will, they receive nothing from your probate estate.
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Who runs the estate
Someone still has to collect the property, pay valid debts and hand out what is left. Without a will, there is no executor you chose. The court appoints an administrator and issues letters of administration.
Tennessee sets a priority order (Tenn. Code Ann. § 30-1-106):
Your spouse, if the spouse applies.
Your next of kin, if the spouse does not.
A creditor who proves your debt under oath, if neither the spouse nor next of kin applies.
The administrator then does largely what an executor does: files an inventory, notifies creditors, handles claims, and accounts to the court. Our guide on executor duties in Tennessee covers those steps. In Sumner County, the case is filed with the Sumner County Chancery, Clerk and Master's Office, 155 East Main Street, Room 3600, Gallatin.
If the probate estate is $50,000 or less and has no real estate, the family may be able to use Tennessee's small estate process instead of full administration (Tenn. Code Ann. §§ 30-4-102, 30-4-103).
Why a will matters
A will lets you decide instead of the statute. With one you can:
Choose who inherits, including a partner, stepchild, friend or charity, and in what shares.
Choose your executor instead of leaving it to the priority list.
Name a guardian for minor children. A person a parent designates in a will or other written document is second in line for appointment as a minor's guardian under Tenn. Code Ann. § 34-2-103, and the court still decides.
Cut paperwork for your family. A will can excuse the executor from filing an inventory (Tenn. Code Ann. § 30-2-301) and from filing detailed court accountings (Tenn. Code Ann. § 30-2-601). A beneficiary can still demand an inventory, and a short status report is still required when accountings are waived.
A will does not control assets that already have a named beneficiary or a surviving joint owner. That is why a will and a review of your beneficiary forms go together.
Common situations where intestacy causes trouble
Blended families. The spouse's one-third or child's share rule applies no matter whose children they are, which may not match what you wanted.
Unmarried couples. The surviving partner can be left with no share and no say in who runs the estate.
Real estate. A house in your name alone can end up owned by several relatives together, which can make it hard to sell or keep.
How we can help
If someone in your family has died without a will, we can help you identify the heirs, ask the court to appoint an administrator, and move the estate through the Sumner County Chancery Court or the probate court in a neighboring county. If you want to make sure the statute does not decide for you, we prepare wills and related documents. Learn more about probate in Gallatin, wills and trusts, and our full estate planning and probate practice.
Ready to Talk?
Call (615) 997-7618 to talk with Kylene Ross about your situation. Prefer to write first? Send us a message and we are notified right away.
Sources
This article is general information about Tennessee law, not legal advice for your situation.
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