
Updated March 10, 2026
If someone dies without a will in Tennessee, their assets are distributed based on Tennessee’s intestacy laws. These laws determine who inherits property, how assets are divided among family members, and who may administer the estate through probate court. This means Tennessee law determines who inherits the estate—not the deceased person.
Dying without a will is known as dying intestate. When this occurs, the probate court must follow a statutory order of inheritance that determines which family members receive the deceased person’s assets.
Tennessee intestacy laws generally prioritize close relatives such as:
If no qualifying relatives can be identified (including cousins), the property may ultimately pass to the State of Tennessee, although this situation is rare.
In many situations, the estate must go through the Tennessee probate process, where a court appoints an administrator to gather assets, pay debts, and distribute property to heirs according to state law.
However, not every estate requires a full probate administration. Depending on the type and value of the assets involved, families may sometimes use alternative procedures such as:
Regardless of the procedure used, when someone dies without a will, Tennessee law ultimately controls how the estate is distributed.
Because these statutory rules may not reflect the deceased person’s wishes, dying without a will can sometimes create confusion, delay, or disputes among family members.
In general, Tennessee law distributes property in the following order when someone dies without a will:
This hierarchy reflects the general structure of Tennessee intestate succession law.
When someone dies without a will in Tennessee, state law determines who inherits their property. These intestacy laws are primarily found in Tennessee Code Annotated § 31-2-104.
The specific heirs depend on which family members survive the deceased person. Tennessee law generally follows a hierarchy that prioritizes close family members first.
Below are the most common situations.
If the Person Was Married and Had Children
If someone dies without a will in Tennessee and leaves both a surviving spouse and children, the estate is divided between them.
Under Tennessee law, the surviving spouse receives either 33.3% of the estate or the same percentage as one child, whichever is greater. The remaining portion of the estate is then divided among the children.
Because of this rule, the exact distribution depends on how many children survive the deceased person.
For example:
This rule is designed to ensure that a surviving spouse receives a meaningful portion of the estate while still protecting the inheritance rights of the children.
The following examples illustrate how an estate may be divided when someone dies without a will in Tennessee and leaves both a surviving spouse and children:
Examples of How Tennessee Intestate Succession Works When a Spouse and Children Survive
|
Family Situation |
Spouse Receives |
Each Child Receives |
|
Spouse + 1 child |
50.0% |
50.0% |
|
Spouse + 2 children |
33.3% |
33.3% |
|
Spouse + 3 children |
33.3% |
22.2% |
|
Spouse + 4 children |
33.3% |
16.7% |
In general, Tennessee law ensures that a surviving spouse receives at least 33.3% of the estate, while the remaining portion is divided among the children.
However, when there is only one child, the surviving spouse and the child typically divide the estate equally.
If the Person Was Married but Had No Children
If a person dies without a will and leaves a surviving spouse but no children, the surviving spouse inherits the entire estate.
If the Person Had Children but No Surviving Spouse
If a person dies without a will in Tennessee and there is no surviving spouse, the deceased person’s biological children inherit the entire estate.
In most situations, the estate is divided equally among the children.
For example:
Tennessee law also addresses situations where one of the deceased person’s children has already passed away. If that child left children of their own, those grandchildren may inherit their parent’s share.
This type of inheritance is known as “per stirpes” distribution, which means the deceased child’s descendants step into the place of their parent by representation.
For example:
These rules ensure that a deceased child’s descendants are still able to inherit the portion of the estate that their parent would have received.
The following chart shows common examples of how property may be distributed when someone dies without a will in Tennessee and leaves children but no surviving spouse.
Examples of Intestate Distribution When There Is No Surviving Spouse
|
Family Situation |
Distribution |
|
One child |
Child receives 100% of the estate |
|
Two children |
Each child receives 50.0% |
|
Three children |
Each child receives 33.3% |
|
Two children, but one child predeceased leaving two grandchildren |
Surviving child receives 50.0%; each grandchild receives 25.0% |
|
Three children, but one child predeceased leaving three grandchildren |
Each surviving child receives 33.3%; each grandchild receives 11.1% |
If the Person Had No Spouse and No Children
If a person dies without a will in Tennessee and leaves no surviving spouse and no children, Tennessee intestate succession laws look to other close relatives.
In this situation, inheritance generally follows the next levels of the family tree.
If One or Both Parents Are Alive
If the deceased person leaves no spouse and no children, but one or both parents survive, the parents inherit the estate.
If No Parents Are Alive
If the deceased person has no surviving parents, the estate generally passes to the deceased person’s siblings.
For example:
If a Sibling Has Already Passed Away
If one of the deceased person’s siblings has already died but left children, those nieces or nephews may inherit their parent’s share under Tennessee’s per stirpes distribution rules.
For example:
If No Close Family Members Exist
If the deceased person has no surviving spouse, children, parents, siblings, nieces, or nephews, Tennessee law continues looking for other relatives such as grandparents, aunts, uncles, or cousins.
If no qualifying heirs can be located after a diligent search, the estate may eventually escheat to the State of Tennessee. However, this outcome is very rare because most estates have at least some identifiable relatives.
Many people worry that if someone dies without a will, the government will automatically take their property. In reality, this rarely happens.
Under Tennessee intestate succession laws, the probate process first looks to the deceased person’s surviving relatives to determine who is entitled to inherit the estate. In most cases, the decedent will have some identifiable relative — even if the relationship is fairly remote, such as a distant cousin.
Only if no qualifying heirs can be identified after a diligent search will the estate pass to the State of Tennessee. This process is known as escheat.
In practice, escheat is uncommon because most estates have at least some identifiable relatives who can inherit under Tennessee law. Modern tools such as genealogical research, public records databases, and other investigative resources often make it easier to locate distant family members who may be entitled to inherit.
Under the Tennessee Simultaneous Death Act, a person must survive the deceased by at least 120 hours (five days) in order to inherit property under intestate succession.
This rule helps prevent uncertainty when two family members die very close in time, such as during the same accident or medical event.
If a person who would normally inherit from the deceased does not survive the decedent by at least 120 hours, Tennessee law treats that person as though they died before the decedent for inheritance purposes.
Example of Simultaneous Death
Suppose a husband and wife are involved in a car accident.
Because the wife did not survive the husband by at least 120 hours, Tennessee law may treat her as having predeceased him for purposes of intestate succession.
As a result, the husband’s estate may pass directly to the next eligible heirs under Tennessee law, rather than first passing to the wife and then through her estate.
The 120-hour rule helps simplify estate administration and prevents property from passing through multiple estates when deaths occur very close together.
Modern families often include stepchildren, half-siblings, and other blended family relationships. When someone dies without a will in Tennessee, however, inheritance rights are determined by legal family relationships, not simply by personal relationships.
Yes. Under Tennessee intestate succession law, half-siblings generally inherit the same as full siblings.
If a person dies without a spouse, children, or surviving parents, their estate may pass to their siblings. In that situation, both full siblings and half-siblings are typically treated the same and may share in the inheritance. The same rule generally applies to other half-relatives as well.
For example:
In most cases, stepchildren do not inherit under Tennessee intestate succession laws unless they were legally adopted by the deceased person.
Because stepchildren are not considered legal heirs under the intestacy statutes, they typically have no automatic right to inherit if a stepparent dies without a will.
This can sometimes produce results that families did not intend. For example, a person may have helped raise a stepchild for many years, but if that child was never legally adopted and the stepparent dies without a will, the stepchild may not inherit anything under Tennessee law.
For this reason, individuals in blended families often use wills or trusts to ensure that stepchildren or other loved ones receive the inheritance they intend.
Unmarried partners do not inherit under Tennessee intestate succession laws.
Tennessee’s inheritance statutes are based on legally recognized family relationships, such as spouses, children, parents, and other blood relatives. Because of this, a person who was living with the deceased as a long-term partner typically has no automatic right to inherit if the couple was not legally married.
For example, a couple may live together for many years and share finances or property. However, if one partner dies without a will, Tennessee intestacy laws generally distribute the estate to the deceased person’s legal heirs, such as children, parents, or siblings.
Tennessee also does not recognize common-law marriage created within the state. As a result, simply living together for a long period of time usually does not create inheritance rights.
If someone dies without a will in Tennessee but owned real estate located in another state, that property is governed by the laws of the state where the property is located, not Tennessee law.
This means the out-of-state property may pass according to that state’s intestate succession laws, which may be different from Tennessee’s rules.
For example, a person who lived in Tennessee may own:
If the person dies without a will, the probate court in Tennessee may handle the administration of assets located in Tennessee. However, the out-of-state real estate may require a separate legal process known as ancillary probate in the state where the property is located.
During ancillary probate, the court in that state determines how the property will pass under its own intestate succession laws.
Because different states have different inheritance rules, owning real estate in multiple states can make estate administration more complicated when someone dies without a will.
Proper estate planning, such as using a revocable trust, can often simplify these issues and help avoid multiple probate proceedings.
Even if a person dies without a will in Tennessee, not all property is distributed through the intestate succession laws. Certain assets pass directly to beneficiaries or co-owners outside of the court supervised process of probate.
Common examples include:
In these situations, the asset typically transfers directly to the named beneficiary or surviving owner, regardless of whether the deceased person had a will.
Because of this, it is possible for someone to die without a will while many of their assets still pass directly to specific individuals through beneficiary designations or ownership arrangements.
However, any property that does not have a beneficiary designation or survivorship feature will generally be distributed according to Tennessee’s intestate succession laws.
When someone dies with a will, the will typically names an executor to handle the estate. However, when a person dies without a will in Tennessee, there is no executor named.
Instead, the probate court appoints a person called an administrator to manage the estate.
The administrator is responsible for handling many of the same duties an executor would perform, including:
Tennessee law provides a general priority for who may serve as administrator of an intestate estate. In many cases, the court will appoint a close family member.
Common choices include:
If multiple family members wish to serve, the probate court may decide who is best suited for the role.
In some Tennessee probate cases, the administrator may be required to post a fiduciary bond before being appointed by the court. The purpose of the bond is to protect the estate and its heirs from potential mismanagement, negligence, or wrongdoing by the administrator.
A probate bond is typically obtained through an insurance or surety company. The company evaluates the applicant’s financial background and credit history before issuing the bond.
If the applicant’s credit or financial history does not meet the bonding company’s requirements, the bond application may be denied. In that situation, the person may not be able to serve as administrator, and the court may appoint another qualified individual.
However, the court may waive the bond requirement in some circumstances. In many cases, if all heirs of the estate agree in writing, the court may allow the administrator to serve without posting a bond.
Even when bond is waived, the administrator still has a fiduciary duty to properly manage the estate and act in the best interests of the heirs.
When several relatives want to serve as administrator, disputes can arise. If the family cannot agree, the probate court ultimately decides who will be appointed.
Tennessee law generally gives priority to certain family members when appointing an administrator. The court will first consider the surviving spouse, followed by adult children or other next of kin.
The court typically looks for someone who is capable of managing the estate responsibly and acting in the best interests of all heirs.
In Tennessee, a surviving spouse generally has the first priority to serve as administrator of an intestate estate. However, that preference is not indefinite. If the spouse waits too long to open the estate—typically more than six months after the decedent’s death—the spouse may lose that priority and instead stand on equal footing with the decedent’s children or other next of kin who seek appointment.
Tennessee courts have historically recognized that close family members should be given a reasonable opportunity to apply for administration of the estate before a public administrator becomes involved. As a practical matter, this has often been understood as a six-month window during which the surviving spouse has the first opportunity to request appointment.
If no qualified family member steps forward within that time, the probate court may appoint another suitable person to administer the estate, including a public administrator.
Many people assume that if someone dies without a will, all of their bank accounts automatically go through probate and are distributed under Tennessee’s intestate succession laws. In reality, the outcome depends on how the bank account is titled.
Joint Bank Accounts
If the bank account is held as a joint account with rights of survivorship, the surviving account holder typically becomes the sole owner of the account when the other person dies.
In this situation, the funds usually pass directly to the surviving account holder and do not become part of the probate estate.
Payable-on-Death Accounts
Some bank accounts include a payable-on-death (POD) designation, which names a beneficiary to receive the funds when the account holder dies.
If a POD beneficiary is listed, the money generally transfers directly to that beneficiary without going through probate, even if the deceased person did not have a will.
If all POD beneficiaries are deceased, then the funds held in the account would then become a probate asset subject to intestate distribution.
Bank Accounts Without a Beneficiary or Joint Owner
If a bank account is held only in the deceased person’s name and does not have a beneficiary designation, the account typically becomes part of the probate estate.
In that situation, the funds will generally be distributed according to Tennessee’s intestate succession laws after debts and expenses of the estate are addressed.
Because of these different ownership structures, the way a bank account is titled can significantly affect how the funds pass after death.
Yes. Intestate succession only applies when a person dies without a valid estate plan directing how their property should be distributed.
There are several ways individuals can avoid having their property distributed under Tennessee’s intestate succession laws.
Creating a Will
The most common way to avoid intestacy is by creating a valid will. A properly drafted will allows a person to:
Using Trusts
Some individuals use revocable living trusts or other estate planning tools to manage and distribute property outside of probate.
Assets placed in a trust can typically pass according to the terms of the trust, rather than Tennessee intestacy laws.
Beneficiary Designations
Certain assets pass directly to beneficiaries if a designation has been made. Examples include life insurance policies, payable-on-death bank accounts, and retirement accounts.
Proper Asset Titling
Joint ownership with rights of survivorship allow property to pass to a surviving owner without the necessity of probate.
While these tools can help control how assets pass after death, they must be structured carefully to ensure they work as intended.
Parents frequently worry about what will happen to their children if they die unexpectedly. When someone dies without a will in Tennessee and leaves minor children, several additional legal issues may arise.
First, the probate court may need to determine who will manage the child’s inheritance. Because a minor cannot legally manage inherited property outright, the court may require a guardianship to manage the child’s share of the estate until the child reaches adulthood. In many cases, that means the child may receive control of the assets at age 18, unless planning was done in advance through a trust or similar arrangement.
A guardian of the property or estate is responsible for managing the child’s inheritance, protecting the assets, paying appropriate expenses for the child’s benefit, and reporting to the court regarding the handling of those funds. This often involves ongoing court supervision, inventories, and accountings.
Second, if both parents have died and no guardian was nominated in a will, the court may need to determine who will serve as the child’s guardian. Family members may petition the court, and the judge will decide what arrangement is in the child’s best interests.
These additional proceedings can make an intestate estate more complicated. Many parents create a will specifically to:
Without these instructions, the court may have to make decisions the parents would have preferred to make themselves.
Not every estate requires a full probate administration. Depending on the circumstances, Tennessee law provides several simplified procedures that may allow property to be transferred with less court involvement.
One option is a small estate affidavit. If the total value of the estate is less than $50,000, heirs may be able to collect certain assets through a simplified affidavit process rather than opening a full probate estate.
Families may also use affidavits of heirship in certain circumstances to help establish the identity of heirs, particularly when dealing with real estate. These affidavits can assist with title issues when someone dies without a will.
However, these procedures are not available in every situation. The appropriate approach depends on factors such as the type of assets involved, the value of the estate, and whether a valid will exists.
Because probate procedures can vary depending on the circumstances, many families benefit from speaking with a probate attorney to determine the most appropriate path forward.
Many people assume that probate is dramatically more expensive if someone dies without a will. In reality, the court costs and basic probate procedures are often similar whether a person dies with a will or without one.
The primary difference is not usually the cost of the probate process itself, but the lack of direction left by the deceased person. Without a will, the court must rely entirely on Tennessee’s intestate succession laws to determine who inherits property and who should serve as administrator.
This can sometimes create additional uncertainty for family members, particularly if there are disagreements about who should manage the estate or how assets should be distributed.
By contrast, a properly drafted will allows a person to clearly state their wishes and nominate someone they trust to administer the estate, which can make the probate process smoother for surviving family members.
Absent any probate complications, generally there is no significant difference in legal fees for an estate that has a will versus one that does not.
Although Tennessee law provides a system for distributing property when someone dies without a will, relying on intestate succession can create challenges for surviving family members.
Intestate succession follows a strict legal formula based on family relationships. These rules may not match what the deceased person would have intended.
For example:
Without a will or trust, Tennessee law—not personal preference—determines who inherits.
When there is no will naming an executor, family members may disagree about who should serve as administrator or how the estate should be handled. In some cases, the probate court must resolve these disputes.
If the family structure is complicated or relatives are difficult to locate, the probate process may take longer while the administrator works to identify all heirs entitled to inherit under Tennessee law.
If a parent dies without a will and leaves minor children, the court may need to appoint someone to manage the child’s inheritance until they reach adulthood. A will can help address these issues in advance and provide clearer guidance for the court.
What is it called when someone dies without a will?
When a person dies without a valid will, they are said to have died “intestate.” In Tennessee, the person’s property is then distributed according to the state’s intestate succession laws, which determine which relatives inherit the estate.
Does the spouse automatically inherit everything in Tennessee?
Not always. If the deceased person leaves both a surviving spouse and children, the estate is divided between them. Tennessee law provides that the spouse receives either 33.3% of the estate or the same share as a child, whichever is greater.
If there are no surviving children, the spouse inherits the entire estate.
Do stepchildren inherit if there is no will in Tennessee?
Stepchildren do not automatically inherit under Tennessee intestate succession laws unless they were legally adopted by the deceased person.
Because of this rule, individuals in blended families often use wills or trusts to ensure that stepchildren receive the inheritance they intend.
Do grandchildren inherit if there is no will?
Grandchildren may inherit if their parent (the decedent’s child) has already passed away. In that situation, Tennessee law generally allows the grandchildren to inherit their parent’s share through a process known as per stirpes distribution.
What happens if there are no surviving relatives?
If a person dies without a will and no qualifying heirs can be located, the estate may eventually pass to the State of Tennessee through a legal process called escheat. However, this outcome is rare because most people have at least some identifiable relatives.
Who becomes the administrator if there is no will?
If someone dies intestate, the probate court appoints an administrator to manage the estate. Tennessee law generally gives priority to a surviving spouse, followed by adult children or other close relatives.
Do all assets go through probate if there is no will?
No. Some assets pass outside of probate, even if there is no will. Examples include:
These assets typically transfer directly to the named beneficiary.
How long do you have to open probate after someone dies in Tennessee?
Tennessee law does not impose a strict deadline for opening probate after a person dies. However, it is generally advisable to begin the probate process as soon as reasonably possible in order to secure assets, notify creditors, and begin administering the estate.
In many situations, a surviving spouse or next of kin will open the estate within several months after the death. Delays can make it more difficult to locate assets or resolve creditor claims.
Can someone inherit if they were intentionally left out of a will?
If a person dies without a will, inheritance is determined entirely by Tennessee’s intestate succession laws. Only relatives recognized under those laws are entitled to inherit.
If a valid will exists, however, a person generally has the right to leave their property to whomever they choose, subject to certain exceptions such as a surviving spouse’s elective share.
Do debts still have to be paid if someone dies without a will?
Yes. A person’s debts do not disappear simply because they died without a will.
During probate, the administrator must identify valid debts of the estate and pay them from estate assets before distributing property to heirs. This may include obligations such as credit cards, medical bills, mortgages, and other liabilities.
If the estate does not have enough assets to pay all debts, Tennessee law establishes a priority order for creditor claims.
Can a family member refuse to serve as administrator?
Yes. A person who has priority to serve as administrator is not required to accept the role. If that person declines, another qualified family member may apply to the probate court to be appointed.
Dying without a will in Tennessee means that state law—not your personal wishes—determines who inherits your property and who will manage your estate. While Tennessee’s intestate succession laws provide a framework for distributing assets, those rules may not reflect what you would have wanted for your family.
Without a will, the probate court may need to determine who should serve as administrator, how property should be divided among relatives, and who will manage an inheritance for minor children. In some situations, assets may pass to relatives you did not intend to benefit, while people you care about, such as stepchildren, unmarried partners, or close friends, may receive nothing under the law.
A properly drafted estate plan allows you to maintain control over these decisions. By creating a will or trust, you can choose who inherits your property, nominate someone you trust to manage your estate, and plan for the care and financial protection of your children.
At Crow Estate Planning & Probate, PLC, we help individuals and families throughout Tennessee create estate plans that provide clarity and peace of mind. Thoughtful planning today can help prevent confusion, delays, and disputes for your loved ones in the future.
If you would like to discuss creating or updating your estate plan, contact our office to schedule a consultation and learn how proper planning can help protect your family and your legacy.
With nearly two decades of legal experience, John advises individuals and families on wills, trusts, probate matters, and complex inheritance disputes. His practice includes both practical estate planning for families seeking clarity and peace of mind and sophisticated planning for high-net-worth individuals involving advanced trust structures and asset protection strategies.
Over the course of his career, he has helped hundreds of families plan their estates, administer probate estates, and resolve contested inheritance matters.
John earned his Bachelor of Arts in History with honors from Vanderbilt University and his Juris Doctor from Cumberland School of Law at Samford University. He is based in Clarksville, Tennessee and works with clients throughout Middle Tennessee and Western Kentucky. Learn More.
Licensed in Tennessee and Kentucky