Probate in Tennessee: What Your Family Goes Through Without a Will

When someone dies without a will in Tennessee, the estate is distributed according to the state's intestate succession laws. Some assets skip probate entirely in specific situations.

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Those exceptions include the following.

• Any life insurance policies that have a designated beneficiary.

• Any retirement accounts with a designated beneficiary.

• Property held in joint tenancy with right of survivorship.

• Any bank accounts with a payable-on-death designation.

If none of these situations apply, Tennessee offers a small estate affidavit process under T.C.A. 30-4-102 and 30-4-103 for estates worth $50,000 or less, filed with the clerk of court at least 45 days after the death.

Succession Laws Without a Will in Tennessee

Tennessee is not automatically a community property state, meaning all assets are jointly owned by both spouses. Married couples can opt into a community property arrangement by written agreement, but this has to be done voluntarily. Under Tenn. Code 31-2-104, the lines of succession without a will are as follows.

• If you are married with no children, your spouse inherits everything.

• If you have descendants but your spouse is no longer living, your descendants inherit everything, divided equally.

• If you have no spouse and no descendants, your parents inherit everything.

• If you have no spouse, no descendants, and no parents, your siblings inherit everything.

If you are married and have descendants, Tennessee does not distinguish whose children they are, unlike most states.

• Your spouse and descendants share the estate equally, except your spouse is always guaranteed at least one-third of the total, regardless of how many children you have.

Want to compare your options before or after probate? Compare what is included in a will and a trust.