What Happens if You Die Without a Will in Tennessee?
If you die without a will in Tennessee, your assets pass to your closest relatives under the state's intestate succession laws found in Tenn. Code 31-2-104. Who inherits, and how much, depends on your marital status and family situation.
If You are Married with Children
Unlike many states, Tennessee does not distinguish whether your children are also your spouse's children.
Your spouse and your descendants share the estate equally as if each were one child, but your spouse's share can never be less than one-third of the total, no matter how many children you have.
If You are Married Without Children
If you are married but have no children, your spouse inherits your entire intestate estate.
If You Don't Have a Spouse, but Have Children
Your descendants inherit everything in equal shares. This includes legally adopted children, but typically does not include stepchildren who were never legally adopted.
If You Don't Have a Spouse or Children
Your assets pass to your parents. If both are deceased, your siblings inherit, with a deceased sibling's share passing to their descendants.
If No Living Relatives Can Be Found
If no qualifying relative can be located, including grandparents and their descendants, your property escheats to the State of Tennessee. This is uncommon and does not frequently happen as the state will continue looking for distant relatives until one is located.
Other Things to Know about Dying Without a Will in Tennessee
- Stepchildren generally do not inherit unless they were legally adopted.
- Half-relatives inherit the same as full relatives.
- Tennessee repealed its state inheritance tax effective January 1, 2016, and has no separate state estate tax.
- The probate court will appoint an administrator to oversee the estate.
When Does an Estate Go Through Probate Without a Will
In certain cases, an estate may be too small to need probate. If the estate is worth $50,000 or less, your family may qualify for a small estate affidavit instead of a full probate proceeding, filed with the clerk of court at least 45 days after the death.
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