Disclaimer

I am not a lawyer and this is not legal advice. This article explains general Tennessee law to help you understand options and next steps. For help about your situation, consult a Tennessee probate or estate attorney or the probate court for the county where your spouse lived.

How Tennessee law treats an intestate (no-will) spouse

When someone dies without a valid will (intestate), Tennessee law specifies who inherits. The specific share a surviving spouse receives depends on whether the decedent left children or other descendants and whether those descendants are also the surviving spouse’s children.

Key points you should know:

• If all surviving descendants are also the surviving spouse’s descendants (all children are common), the surviving spouse usually inherits the entire intestate estate.
• If the decedent left children who are not the surviving spouse’s descendants (for example, children from a prior relationship), the surviving spouse typically receives a statutory portion of the estate while the decedent’s other children receive the remainder.
• Tennessee also provides for certain protections that do not depend on the will: a homestead allowance, exempt personal property, and a family allowance to support the surviving spouse during administration.

For the statutory rules governing intestate succession and spouse’s rights, see the Tennessee Code on estates and intestacy: https://www.capitol.tn.gov/titles/31.html and the probate/self-help materials from the Tennessee Judiciary: https://www.tncourts.gov/ (search the Self-Help Center for wills, probate and intestacy information).

Who may make decisions right after death — and what counts as legal authority?

Only a person with legal authority (usually the appointed personal representative/administrator or someone acting under an emergency power granted by a court) may collect assets, pay debts, and make binding distribution decisions. Family members who are not appointed by the court generally do not have legal authority to control estate assets or make final decisions.

If family members are taking items, closing accounts, or otherwise acting as if they control the estate, you can ask the probate court to intervene. Common court remedies include appointment of an administrator, temporary restraining orders or injunctions to stop asset dissipation, and orders compelling an inventory or accounting.

Practical rights and remedies you can pursue in Tennessee

1. File to be appointed administrator (letters of administration). As surviving spouse you generally have priority to serve. The administrator has legal authority to gather assets, manage debts, and distribute the estate under court supervision.
2. Ask the court for immediate protective relief. If assets are at risk, request a temporary order to freeze assets or stop transfers and require an inventory. Probate courts can issue emergency relief to prevent dissipation.
3. Claim statutory allowances and exempt property. Tennessee law provides for a family allowance for support during administration, a homestead allowance, and certain exempt personal property for the surviving spouse.
4. Demand an accounting and inventory. The appointed administrator must inventory estate assets and provide accountings. If someone is acting without authority, you can compel an inventory and accounting from them through the court.
5. Object to improper administration or remove an administrator. If a family member is the administrator and is acting improperly, you can petition the court to remove or replace them.
6. File a civil claim if someone converted property. If family members took estate property without authority, you may have a claim for conversion or for return of property.

Typical steps to take right now (checklist)

Do these actions promptly to protect your rights and the estate:

• Obtain multiple certified copies of the death certificate from the funeral home or the county health department.
• Contact the probate court clerk in the county where your spouse lived to learn how to open an estate and how to apply for appointment as administrator.
• Gather evidence of ownership: account statements, titles, deeds, insurance policies, bills, and information about creditors and beneficiaries.
• If relatives are preventing access to assets or documents, write down what happened, preserve communications (texts, emails), and consider asking the court for emergency relief.
• Consider hiring a Tennessee probate attorney quickly if assets are in danger or if family conflict is intense. Many attorneys offer an initial consultation to explain options.

Timing, costs, and what to expect from probate

Probate timelines vary by county and complexity. Simple intestate estates with a cooperative administrator can often be opened and partially managed in a few weeks; full administration and distribution might take many months, depending on assets, creditor claims, and disputes.

Costs can include court fees, publication costs, attorney fees, accountant fees, and executor/administrator commissions. The administrator is accountable to the court for expenses and distributions.

When to get an attorney

Consider consulting a Tennessee probate attorney if any of these apply:

• Family members are removing assets, closing accounts, or making transfers.
• You are prevented from getting necessary documents (titles, deeds, bank records).
• There are disputes about who the heirs are or whether you are the rightful administrator.
• The estate is large, involves real estate in multiple states, or the deceased had complicated assets (business interests, retirement accounts, trusts).

An attorney can file petitions, request emergency orders, and represent you in contested hearings.

How to find court forms and more information

Contact the probate clerk in the county where the decedent lived for local filing requirements and forms. The Tennessee Administrative Office of the Courts publishes self-help material and general probate information on the Tennessee Courts website (https://www.tncourts.gov/).

For the governing statutes on intestate succession and estate administration, review the Tennessee Code, Title 31 (Estates) at the Tennessee General Assembly website: https://www.capitol.tn.gov/titles/31.html

Helpful hints

• Act quickly to protect assets. Delay can make it harder to reverse transfers.
• Keep careful records of any interactions with the decedent’s family about estate property.
• Don’t try to enforce or distribute estate assets on your own; get court authority first.
• If you receive pushback from relatives, request that all parties preserve documents and communications and consider mediation if appropriate.
• Bring certified copies of the death certificate and ID when you go to the probate clerk or an attorney.
• If you can’t afford an attorney, ask the probate clerk about local legal aid resources or limited-scope representation options.