Disclaimer
This is informational only and not legal advice. I am not a lawyer. For advice about your specific situation, consult a Tennessee probate attorney or the county probate court.
Detailed answer — How to claim an intestate share in Tennessee
When a Tennessee resident dies without a will (called dying “intestate”), state law determines who inherits and how. The basic steps below explain how heirs identify their share and collect it through probate or small‑estate procedures. Follow each step and check the Tennessee statutes and your local probate court rules for details.
1) Who inherits under Tennessee law?
Tennessee’s intestacy laws set the order of heirs: the surviving spouse, the decedent’s children (and descendants of any deceased child), parents, siblings, and more distant relatives. Which people inherit and the shares they receive depend on who survives the decedent.
For the statutory rules on descent and distribution, see Tennessee’s intestate succession provisions (Tenn. Code Ann., descent and distribution statutes). For the legislature’s website, start here: Tennessee Code (Capitol TN). For practical probate resources, see the Tennessee courts: Tennessee Courts.
2) Confirm facts and gather documents
- Obtain multiple certified copies of the death certificate from the funeral home or the county health department.
- Search for a will or other estate planning documents (safe deposit box, papers at home, attorney files).
- Collect documents that show assets and creditors: bank statements, deeds, titles, life insurance policies, retirement accounts, bills, and recent mail.
3) Determine whether probate is necessary
Not every asset must pass through probate. Some assets transfer by beneficiary designation (life insurance, retirement accounts, payable‑on‑death bank accounts) or joint ownership. If most assets pass outside probate, you may not need a full probate administration. Many Tennessee counties offer a small‑estate or summary procedure for low‑value estates — check the probate court in the county where your mother lived.
4) Open probate or file a small‑estate affidavit
If probate is required, an interested person (often the surviving spouse or an adult child) files a petition in the county probate or general sessions court to open an estate and ask the court to appoint a personal representative (called an “administrator” when there is no will).
If the estate qualifies for a small‑estate procedure, a simplified affidavit may allow transfer of certain assets without a full administration. Contact the local probate clerk or court website to learn the county’s small‑estate rules and forms.
5) Appointment of an administrator and notice
The court appoints an administrator following statutory priority rules (often the spouse, then other heirs). The administrator must give notice to heirs and creditors and often must post a bond unless waived. If you want to be appointed as administrator, you can petition the court; if someone else is appointed and you object, you can file a written objection and ask the court to consider your request.
6) Inventory, pay debts, and distribute the estate
Once appointed, the administrator collects assets, files a court inventory, notifies creditors, pays valid debts and expenses (including taxes and funeral costs), and then distributes the remaining property to heirs according to Tennessee’s intestacy rules. The administrator files a final accounting and asks the court to close the estate once distribution is complete.
7) How heirs actually claim their share
- If you are an heir, contact the administrator to ask about the estate’s assets and timeline for distribution. The administrator must provide information and follow the probate process.
- If no administrator is appointed and you qualify to collect an asset directly (for example, a small bank account), the bank may require a small‑estate affidavit or a certified court order showing your right to the funds.
- If the administrator refuses or delays distribution improperly, you may file a petition with the probate court to compel an accounting, remove the administrator, or seek other relief.
8) Common complications and how to handle them
- Disagreements about who are the rightful heirs (paternity, adoption, out‑of‑state heirs): you may need evidence and possibly a court hearing.
- Claims by creditors: the administrator must follow notice requirements; pay only valid claims before distribution.
- Missing or real property: real estate typically goes through probate and may require a court order to transfer title.
9) When to get an attorney
Hire a Tennessee probate attorney if the estate is large, when heirs dispute the distribution or the administrator, when title problems exist, or when tax or creditor claims are complex. An attorney can prepare filings, represent you at hearings, and protect your rights under Tennessee law.
Helpful Hints
- Start early: locate documents and order several certified death certificates right away.
- Talk with the probate clerk in the county where your mother lived to learn local forms, small‑estate rules, and filing fees.
- Keep careful records: track all communications, receipts, and a timeline of actions the administrator takes.
- Do not spend or transfer estate property before the administrator is appointed or the court authorizes it.
- If you suspect fraud or an invalid transfer, get legal advice quickly to preserve evidence and deadlines.
- Remember some assets pass by beneficiary designation or joint tenancy — those do not pass through intestate distribution.
- Ask about homestead, family allowances, and exempt property for surviving family; Tennessee law provides protections and procedures — check the statutes or court resources for specifics.
- If you and other heirs agree on distribution and the estate is small, a cooperative approach with a short affidavit or agreement can save time and expense.
Key resources
- Tennessee Code and statutes: https://www.capitol.tn.gov/ (see the statutes on wills, administration, and descent & distribution)
- Tennessee Courts (probate/self‑help information and links to local court contacts): https://www.tncourts.gov/
- Contact your county probate court or clerk for local forms and filing instructions.
If you want, tell me the county where your mother lived and whether there is substantial real estate, bank accounts, or life insurance. I can then outline the likely next paperwork and local contacts (still not legal advice).