FastCounsel

Overview: When someone in Tennessee dies without a will (intestate), Tennessee law determines who inherits the decedent’s property. If the decedent is survived by children, the children are primary beneficiaries. The rules below explain how estate shares are calculated among children and how the lines of descent work when a child has already died.

How shares among children are determined

When there is no surviving spouse, Tennessee law distributes the entire intestate estate to the decedent’s descendants (children, grandchildren, etc.). In plain terms:

• If all of the decedent’s children are alive at the time of death, they split the estate equally.
• If a child of the decedent predeceased the decedent but left children (the decedent’s grandchildren), those grandchildren will inherit in place of their parent. The branch of the deceased child receives the share that the deceased child would have received.

Lawyers often describe this principle as “representation” (commonly called per stirpes in everyday speech): each surviving branch of the family receives an equal share at the generation where the decedent’s descendants are alive.

Practical examples

Example 1 — All children survive: Decedent leaves three children (A, B, C) and no spouse. Each child receives 1/3 of the estate.

Example 2 — One child predeceased but left children: Decedent’s children are A (deceased), B, and C. A left two children (A1 and A2). The estate is divided into three equal shares (one for each child’s branch). B receives 1/3, C receives 1/3, and the branch of A (A1 and A2) splits the remaining 1/3 between them (so each grandchild gets 1/6).

Adopted children, biological children, and stepchildren

• Legally adopted children generally inherit the same as biological children under Tennessee law.
• Foster children and stepchildren who were never legally adopted do not inherit by intestacy unless a legal parent-child relationship has been established.
• Children born after the decedent’s death (posthumous children) can inherit if they are legally entitled as descendants under Tennessee law.

Children of different parents (half-bloods)

Half-siblings (children who share only one parent with the decedent) generally inherit similarly to full siblings when the issue concerns distribution among descendants; Tennessee law recognizes inheritance rights of half-blood descendants, subject to the same representation rules.

When a surviving spouse is present

If a surviving spouse exists, the allocation between the spouse and the decedent’s children depends on factors such as whether the children are also the spouse’s children and whether the property is separate or marital property. Those rules can alter how much children receive and when they share with a spouse. For the precise allocation rules and how they apply to your facts, consult the Tennessee statutes and an attorney.

Where to find the statutes

Tennessee’s statutes on descent and distribution and probate procedures are published by the Tennessee General Assembly. For the controlling statutory provisions and exact language, see the Tennessee Code on the state legislature website: https://www.capitol.tn.gov/. General probate and self-help materials are also available from the Tennessee judicial branch at: https://www.tncourts.gov/self-help/topics/probate-estates.

Important note: The illustrations above describe the usual rules for intestacy among descendants, but individual cases often turn on specific facts (adoption records, paternity, simultaneous death, community property issues, disclaimers, debts, creditors, and administration costs). That factual detail changes the legal outcome.

This is general information, not legal advice.

Helpful Hints

• Get a family tree: Map the decedent’s descendants (children, grandchildren) to identify who stands in each branch before calculating shares.
• Confirm legal parentage: Make sure adoption records or paternity findings exist for nonobvious parental relationships—those records determine inheritance rights.
• Check for a surviving spouse: If a spouse survives, ask an attorney how Tennessee’s intestacy rules split property between spouse and descendants.
• Watch out for creditors and costs: Debts and probate expenses are paid before heirs receive distributions. Estate administration can reduce the shares available to children.
• Consider a disclaimer: An heir who does not want a share (for tax or other reasons) may be able to disclaim the inheritance, which changes how shares are allocated.
• File the correct probate case: Estate administration or small estate procedures may apply depending on estate size—county probate courts handle these matters.
• When in doubt, consult a Tennessee probate attorney: A lawyer can apply the statutes to your exact facts and help with filings, creditor notices, and distribution plans.

Disclaimer: This article explains general principles of Tennessee intestate succession and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about a specific estate or family situation, consult a licensed Tennessee attorney.