Disclaimer: This article provides general legal information and does not constitute legal advice. Consult a qualified attorney to address your specific circumstances.
Detailed Answer
When someone dies without a valid will in Tennessee (intestate), state law determines how their estate distributes. Under Tennessee’s intestate succession statutes, if the decedent left no surviving spouse but had surviving descendants, the entire estate passes to those descendants.
Applicable Statute
Tennessee Code Annotated § 31-2-101 governs distribution when there is no surviving spouse: the decedent’s “estate shall pass to the descendants” per capita at each generation. See Tenn. Code Ann. § 31-2-101.
Step-by-Step Distribution
- Identify heirs: In this scenario, the decedent has three children and no spouse.
- Calculate shares: Because there is no spouse, the three children equally share the estate. Each child receives one-third of the net estate (after debts, expenses, taxes).
- Per capita at each generation: If a child had predeceased the decedent but left their own children (grandchildren of the decedent), those grandchildren would equally divide that deceased child’s share.
Probate Process
1. File a Petition: An interested party (often one of the children) files a petition for administration in the county probate court where the decedent lived.
2. Appointment of Administrator: The court appoints an administrator to collect assets, pay debts, and oversee distribution.
3. Notice to Creditors: The administrator publishes notice to creditors and handles valid claims.
4. Asset Distribution: After debts and expenses, the administrator distributes the remaining assets equally among the three children.
Helpful Hints
- Gather key documents early (death certificate, asset statements, child birth certificates).
- Confirm there truly is no valid will. Even a handwritten note can sometimes qualify.
- Consult the local probate clerk for filing requirements and deadlines.
- Keep detailed records of all estate transactions: notices, creditor claims, distributions.
- Consider mediation if heirs disagree on valuations or distributions.
- Ask about expedited or simplified probate procedures for small estates (Tenn. Code Ann. § 30-1-101 et seq.).