Disclaimer: This article is for general informational purposes only and does not constitute legal advice.
Detailed Answer
Under Tennessee law, wrongful death proceeds follow the distribution rules in Tenn. Code Ann. § 20-5-106 et seq. Before any distribution, the court must appoint a personal representative or administrator to manage the estate and pursue the wrongful death claim.
1. Appointment of a Personal Representative
The probate court appoints a personal representative to file the wrongful death action and oversee settlement or judgment. Only after the claim resolves can the court authorize distribution of proceeds to heirs.
2. Identify Eligible Heirs
Eligible heirs include survivors listed in Tenn. Code Ann. § 20-5-106. Priority order:
- Spouse
- Children
- If no spouse or children, surviving parents and next of kin
3. Calculate Distribution Shares
Distribution depends on who survives:
- If both spouse and children survive: spouse receives one-third (1/3); children share two-thirds (2/3) equally. See Tenn. Code Ann. § 20-5-107.
- If no spouse but children survive: all proceeds split equally among children.
- If no spouse or children: proceeds pass to parents or next of kin per Tenn. Code Ann. § 20-5-107.
4. Court Approval of Distribution
The personal representative submits a proposed distribution plan to the probate court. The court reviews heirship, verifies calculations, and issues an order authorizing payment. Funds then transfer to each heir according to the approved schedule.
Helpful Hints
- Gather certified vital records (marriage and birth certificates) to prove heirship.
- Check for any minor heirs; the court may require a guardian or trust for minors’ shares.
- Maintain clear communication with all heirs to avoid disputes.
- File distribution documents promptly to prevent delays and potential creditor claims.
- Consult a Tennessee probate attorney for complex family situations or contested heirship.