Detailed answer — how Tennessee law treats an estranged spouse when divorce is not final

Under Tennessee law, legal marital status governs estate and probate rights. Separation without a final divorce does not change marital status. A spouse who is separated but not divorced at the moment of death is still the surviving spouse for purposes of:

• Intestate succession (inheritance when there is no valid will).
• Rights under a will (a will’s provisions in favor of a spouse usually remain effective unless Tennessee law or the will itself provides otherwise).
• The right to elect against the will (take an elective share instead of what the will gives), the family allowance, and other statutory protections available to surviving spouses.
• The ability to be appointed personal representative in many cases, or to be entitled to notice and to participate in probate proceedings.

Practical implications:

1. Intestate succession when there is no valid will

If the deceased left no valid will, Tennessee’s intestacy rules govern distribution of the estate. The surviving spouse typically receives a large share or all of the estate depending on whether the deceased had children and whether those children are also children of the surviving spouse. Courts will apply Tennessee’s intestacy rules in probate. For basic guidance on Tennessee probate and intestacy procedures, see the Tennessee courts’ probate self-help resources: https://www.tncourts.gov/programs/self-help/topics/estate-probate.

2. If there is a will

If the deceased had a will that leaves property to the spouse, the will generally controls unless a contrary statute applies or the spouse chooses to exercise a statutory right (for example, an elective share). In some states a final divorce can revoke gifts to a former spouse in a will; in Tennessee, the surviving spouse remains spouse until divorce is final, so gifts usually are not automatically revoked just because the couple was separated. Executors should review the will and applicable Tennessee statutes and get legal advice if there is any question.

3. Elective share and other statutory protections

Tennessee law provides statutory protections for surviving spouses, including the ability to elect a statutory share of the estate instead of accepting the deceased’s will provisions, and allowances intended to support the surviving spouse during probate. These rights are available to the spouse who is married at the time of death. Courts will not treat someone as other than a surviving spouse simply because the couple was living separately when one died.

4. When divorce proceedings were pending

Pending divorce proceedings do not terminate the marriage unless and until a final divorce decree is entered. If divorce wasn’t final when the decedent died, the surviving spouse remains a surviving spouse for probate purposes. That can affect who inherits and who has standing to act in probate. If the decedent started estate planning moves (a new will, trusts, deeds) during a pending divorce, those documents and their effective dates will be reviewed under probate law and may be challenged in court.

5. Exceptions and special situations

• Domestic violence restraining orders, court-ordered separations, or other family-court orders sometimes change certain rights during life, but they do not automatically sever inheritance or probate rights at death unless a final divorce or a specific probate statute applies.
• If the spouses executed a valid separation agreement that includes a complete property settlement and the agreement became a final judgment, that agreement may affect what the surviving spouse can later claim in probate.
• If the deceased and spouse lived in a community-property jurisdiction, different rules would apply — but Tennessee is not a community-property state.

For general Tennessee statutory text and to locate specific probate and intestacy statutes, consult the Tennessee Code hosted by the Tennessee General Assembly: https://www.capitol.tn.gov/. Use the Code search to find chapters on wills, estates, and probate.

Practical steps if you are an executor, heir, or the estranged spouse

1. Confirm the marital status at death. Obtain a certified copy of the death certificate and (if available) the court file for any pending divorce proceeding.
2. If you are an executor or administrator, open probate promptly in the county court where the decedent lived. File the will (if any) and list heirs, including the surviving spouse.
3. Identify statutory spouse rights (elective share, family allowance, exempt property) and consider whether the surviving spouse may elect against the will.
4. If you are an estranged spouse who believes you have rights, appear in probate and assert your interest early. If you are unsure, ask the probate clerk how to file a claim or request appointment as personal representative.
5. If you are an heir who objects to the spouse’s claim, consult an attorney promptly. There are time limits to challenge probate filings and to contest wills.

How a dispute might be resolved

Disagreements over whether the estranged spouse should inherit will often be handled in probate court. Typical resolutions include:

• Agreement among heirs and the spouse (distribution under the will or a negotiated settlement).
• Probate judge ruling on intestacy or will validity, elective share claims, or the effect of separation agreements or court orders.
• Appeal or separate litigation if parties disagree with the probate outcome.

Helpful hints

• Do not assume separation equals divorce. Only a final divorce decree changes marital status for probate purposes.
• Locate and preserve documents: marriage certificate, any separation agreement, divorce pleadings, the deceased’s will and trusts, and deeds or beneficiary designations (life insurance, retirement accounts).
• If you’re the estranged spouse, act quickly to protect statutory rights — family allowance and homestead/exempt property may provide short-term support.
• If you’re an executor, notify the spouse and all potential heirs to avoid later disputes and follow probate notice rules closely.
• If there was misconduct (e.g., undue influence, fraud, or a will signed while the deceased lacked capacity), those claims must be raised in probate court with evidence and legal argument.
• Probate timelines are strict. Missing filing deadlines can forfeit rights. Consult a probate attorney in Tennessee promptly if the estate is contested or complex.