Detailed answer — what happens in Tennessee when there is no will

When someone dies intestate (without a valid will), Tennessee’s probate system and intestacy rules decide who legally owns the decedent’s assets and who has authority to act for the estate. Probate is the court process that (1) appoints a person to manage the estate (an administrator when there is no will), (2) identifies and secures assets, (3) pays creditors and taxes, and (4) distributes remaining property to heirs under Tennessee’s intestacy rules.

Do you always have to open probate?

No. Whether you must open probate depends on how the decedent’s assets were titled and the value and type of assets left behind:

• If assets are owned solely in the decedent’s name (bank accounts, real estate titled only to the decedent, stock certificates in the decedent’s name), a probate administration or a small-estate procedure is generally required to transfer title to heirs.
• If assets pass outside probate — for example, accounts with a named beneficiary (payable-on-death or beneficiary-designation), property held in joint tenancy with right of survivorship, life insurance or retirement plans with designated beneficiaries, or property held in a revocable trust — those assets usually pass to the surviving owner or named beneficiary without probate.
• Some low-value estates qualify for summary or small-estate procedures designed to avoid full probate. Tennessee has statutory and court procedures for collecting small estates without a full administration; eligibility and thresholds vary by statute and local practice. For specific rules and forms, contact the local probate court or review state resources.

Who acts for the estate when there’s no will?

When there is no will, a court typically appoints an administrator (sometimes called an administrator with will annexed if a will existed but is invalid). That person has duties like gathering assets, paying valid claims, filing an inventory, and distributing remaining property to heirs according to Tennessee’s intestacy statutes.

How do heirs get property under Tennessee intestacy rules?

Tennessee’s intestacy statutes determine the heirs and the share each inherits (for example, spouse, children, parents, siblings). The administrator distributes estate property according to those rules once creditors and taxes are handled. For the authoritative statutes, see the Tennessee Code (Title covering probate and intestate succession) at the Tennessee General Assembly site: https://www.capitol.tn.gov/ and consult the probate court’s guidance for forms and local rules.

Practical examples

Example 1 — No probate needed: Sam dies owning a bank account with a named payable-on-death beneficiary and a 401(k) with a named beneficiary. Those assets transfer to the named beneficiaries without formal probate.

Example 2 — Probate likely required: Maria dies owning a house titled solely in her name and a personal checking account in her sole name. To transfer the house and clear title, someone will generally open a probate administration or use an available small-estate procedure.

Where to find Tennessee-specific rules and forms

Probate procedures and intestacy rules are administered by the county probate court. Tennessee’s legislative site hosts the state code (see https://www.capitol.tn.gov/) and the Tennessee judiciary offers self-help and probate information at the Tennessee Courts website (https://www.tncourts.gov/). Contact the probate court clerk in the county where the decedent lived for local forms, filing fees, and procedural steps.

Timing, creditors, and deadlines

Probate sets timelines for creditor claims and tax filings. If the estate is not handled, creditors may pursue claims; failing to respond can hurt heirs. Quick steps after a death include securing assets and obtaining multiple certified death certificates (courts and financial institutions require them).

When you should strongly consider a lawyer

Consult an attorney if the estate includes real estate, business interests, significant debts, disputes among potential heirs, unclear or conflicting beneficiary designations, or potential creditor or tax issues. An attorney can advise whether a full administration, a simplified procedure, or an alternative transfer method applies and can prepare required court filings.

Relevant statutes and resources:

• Tennessee Code (probate and intestacy) — Tennessee legislative site: https://www.capitol.tn.gov/
• Tennessee Judiciary — general probate/self-help information: https://www.tncourts.gov/
• Local county probate court — contact the probate clerk in the decedent’s county for forms and local procedures (county court websites linked from the Tennessee courts site).

Disclaimer: This information is educational only and is not legal advice. For advice about a specific situation, consult a licensed Tennessee attorney or the local probate court.

Helpful Hints — what to do right now

• Locate key documents: look for a will, trust documents, deeds, bank and retirement account statements, insurance policies, and beneficiary designation forms.
• Check how assets are titled: joint ownership, pay-on-death, or beneficiary designations often avoid probate.
• Obtain certified copies of the death certificate early — institutions usually require them.
• Contact the county probate court clerk in the decedent’s county to ask about small-estate procedures, forms, fees, and whether a full administration is needed.
• Gather a list of known creditors and recent bills. Prompt notice and response may be required by law.
• Estimate the estate’s value. If it’s small, ask the probate clerk about simplified procedures for small estates to avoid a full administration.
• If family members disagree or the estate is complex, consult a Tennessee-licensed probate attorney early to preserve rights and explain options.
• Keep records of all communications, filings, and expenses related to the estate — the administrator must often account for these to the court.