Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.
When a person dies without a valid will in Tennessee, the state’s intestate succession statutes determine who inherits the decedent’s assets. These rules appear in Tennessee Code Annotated (TCA) Title 31, Chapter 2. Below is an overview of the distribution hierarchy:
1. Surviving Spouse and Descendants
• If the decedent is survived only by a spouse (no descendants), the spouse inherits the entire estate. (TCA § 31-2-101)
• If the decedent is survived by a spouse and one or more descendants, all of whom are also descendants of the spouse, the spouse inherits the entire estate. (TCA § 31-2-102(a))
• If the decedent is survived by a spouse and descendants, but at least one descendant is not the spouse’s child (for example, a child from a prior relationship), the spouse receives one-half of the estate and the descendants share the remaining one-half per stirpes (by branch). (TCA § 31-2-102(b))
2. Descendants Only
If there is no surviving spouse but there are surviving descendants (children, grandchildren, etc.), they inherit the entire estate per stirpes. (TCA § 31-2-103)
3. Parents and Siblings
• If there is no spouse or descendants, but both parents survive, they share the estate equally. (TCA § 31-2-104)
• If only one parent survives, that parent inherits the entire estate. If no parents survive but siblings do, siblings inherit per stirpes. (TCA § 31-2-105)
4. More Remote Relatives
If there is no spouse, descendants, parents or siblings, the estate passes to more remote kin in the following order (per stirpes): grandparents, aunts and uncles, cousins, and so on. (TCA § 31-2-106)
5. Escheat to the State
If no eligible heirs are located, the entire estate escheats to the State of Tennessee. (TCA § 31-2-113)
Helpful Hints
- Gather certified death certificate and family records to identify potential heirs.
- Check for adoptive or half-blood relationships; Tennessee treats full and half-blood heirs equally. (TCA § 31-2-111)
- In small estates, use an Affidavit of Small Estate (under TCA § 30-2-601) to transfer assets without formal probate.
- Consult the Tennessee Probate Court in the county where assets are located.
- Consider hiring a probate attorney if heirs dispute distribution or estate assets are complex.