Detailed Answer

When a person dies without a will (intestate) in Tennessee, whether jointly held bank accounts and property pass to a surviving co‑owner automatically or become part of the decedent’s probate estate depends on how each asset is titled and on any beneficiary designations. The most important question is: what form of ownership or designation controls the asset?

Key ownership types and what they mean

• Joint tenancy with right of survivorship (JTWROS) — If real property or an account is owned as joint tenants with a right of survivorship, the surviving joint owner typically becomes sole owner automatically at the moment of death. The asset usually bypasses probate.
• Tenancy by the entirety — For married couples, Tennessee recognizes tenancy by the entirety for real property (ownership by both spouses together with right of survivorship). On the death of one spouse, the other spouse generally owns the property outright, outside probate.
• Tenants in common — If property is titled as tenants in common, each owner holds a separate share. A decedent’s share does not pass automatically to the other owner; it becomes part of the decedent’s probate estate and will pass according to Tennessee’s intestate succession rules (Title 31, Chapter 2 of the Tennessee Code) unless there is a valid will or nonprobate beneficiary designation.
• Bank accounts with beneficiary (POD/TOD) — Payable-on-death (POD) or transfer-on-death (TOD) designations name a beneficiary to receive the account funds at the owner’s death. Properly completed POD/TOD designations generally result in an out‑of‑probate transfer to the named beneficiary.
• Joint accounts without clear survivorship language — Banks sometimes use variations of account titles that can create confusion (e.g., “Jane Smith or John Smith” vs. “Jane Smith and John Smith” or simply listing two names). Many banks treat commonly used joint account forms as giving the surviving co‑owner access, but actual legal rights depend on the account agreement and, if contested, on court interpretation.

What happens if the asset does not pass automatically

Assets that do not pass directly to a survivor or named beneficiary enter probate and are distributed under Tennessee’s intestate succession law. Tennessee’s intestate statutes (Title 31, Chapter 2 of the Tennessee Code) determine who inherits, which typically includes the surviving spouse, children, parents, siblings, and other relatives in a statutory order. For the exact statutory rules, see the Tennessee Code on intestate succession: Tenn. Code Ann. Title 31, Chapter 2 (Intestate Succession).

Practical steps banks and courts typically take

• Banks will usually require a certified copy of the death certificate before releasing funds to a surviving joint owner or POD beneficiary.
• If a bank account is ambiguous or a dispute arises, the bank might freeze the account and require a court order (probate or declaratory judgment) to determine who is entitled to the funds.
• Real property titled as joint tenants with right of survivorship or tenancy by the entirety may require a death certificate and an updated deed to show sole ownership in the surviving owner’s name.

Examples (hypothetical)

Example A — Joint bank account titled “Alex Johnson OR Maria Johnson (JTWROS)”. Alex dies. Maria presents a certified death certificate to the bank and the bank turns the funds over to Maria because the surviving joint owner owns the account by survivorship.

Example B — House titled “Alex Johnson and Sam Lee (tenants in common)”. Alex dies. Sam owns his share, but Alex’s half interest goes through probate and will pass under Tennessee intestacy rules (to Alex’s heirs) because there is no right of survivorship.

Example C — Account with a POD beneficiary naming “Cousin Pat”. Alex dies. The POD beneficiary, Cousin Pat, claims the funds by presenting a death certificate. The funds transfer to Pat outside probate.

Helpful Hints

• Identify title language: Look at the exact wording on deeds and account agreements. Words like “with right of survivorship,” “JTWROS,” or “as tenants by the entirety” indicate survivorship rights; “tenants in common” does not.
• Check beneficiary designations: POD or TOD designations on bank and investment accounts override intestacy for those specific accounts.
• Collect documents early: Certified death certificate(s), account statements, deeds, trust documents, and any beneficiary paperwork will save time.
• Ask the bank for its policy in writing: Banks have different procedures. Get a clear list of required documents and whether the bank treats the account as survivorship.
• Don’t assume joint ownership equals inheritance: Joint ownership may have tax, creditor, or gift implications. Passing property by joint title can produce unintended results.
• Consider small‑estate procedures: Tennessee has simplified procedures for smaller estates that may avoid full probate in some cases. A Tennessee probate attorney or the probate court clerk can explain options for small estates.
• When titles are unclear or heirs disagree, get legal help: Disputes sometimes require court resolution. If you anticipate a disagreement, consult a Tennessee probate attorney promptly.
• Read the intestacy statutes: For the statutory order of inheritance and more details about what intestacy means in Tennessee, consult the Tennessee Code: Tenn. Code Ann. Title 31, Chapter 2.

If you need a specific outcome interpreted for your family’s situation, contact a licensed Tennessee attorney or your local probate court. They can read account agreements, deeds, and statutory law against your facts and help you take the correct next steps.