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Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult an attorney for advice on your specific situation.

Detailed Answer

When a person dies without a valid will (intestate), Tennessee law determines who inherits. The rules for intestate succession appear in Tennessee Code Annotated (T.C.A.) Title 31, Chapter 2. For full text, see T.C.A. § 31-2-101 et seq.

To identify the heirs of your father’s estate, follow these steps:

1. Confirm there is no will. Check with the county probate court or county clerk’s office for filed wills. If no valid will exists, proceed under intestate rules.
2. List potential heirs. Gather the names of your father’s surviving relatives: his spouse (if any), children (including adopted), parents, siblings, grandparents, and their descendants.
3. Apply Tennessee’s priority rules. T.C.A. § 31-2-103 sets the order of inheritance:
   • If a surviving spouse and descendants exist, the estate divides between them under T.C.A. § 31-2-106.
   • If there is a spouse but no descendants or parents, the spouse inherits the entire estate.
   • If there are descendants but no spouse, descendants inherit in equal shares per stirpes.
   • If no spouse or descendants, parents inherit. If no parents, siblings and their descendants inherit. If none, grandparents and so on.
4. Determine each heir’s share. For example, if your father leaves a surviving spouse and two children, the spouse receives one-third and the children share two-thirds equally (T.C.A. § 31-2-106).
5. File a probate petition. In the county where your father lived at death, file for administration. Include:
   • Death certificate.
   • List of all heirs with relationships and contact information.
   • Any marriage or adoption records supporting relationships.
6. Obtain letters of administration. The court issues these letters officially naming the heirs and authorizing distribution.

Helpful Hints

• Obtain certified copies of birth, marriage, and death certificates to prove relationships.
• Search adoption records; adopted children inherit like biological children.
• Check probate court filings to confirm no prior wills.
• Use a genealogist or title search firm if the family tree is complex.
• Keep records of notices sent to potential heirs; the court may require proof of notice.
• Review T.C.A. § 31-2-101 to § 31-2-106 at capitol.tn.gov for detailed rules.
• Consult an attorney if heirs dispute the share or if the estate includes out-of-state property.