Tennessee Probate Without a Will (Intestacy)

When someone dies without a will in Tennessee, the estate is distributed according to the state's Intestacy statutes §31-2-104. These default rules determine who inherits, in what proportions, and who has priority to serve as Administrator.

If there is a surviving spouse

• Spouse inherits the entire estate if no surviving children or their descendants
• Spouse receives entire estate (parents do not share with surviving spouse under Tennessee law) if the deceased has surviving parents but no children
• Spouse receives either one-third of the estate or a child's equal share, whichever is greater if there are surviving children who are also children of the surviving spouse
• Spouse receives either one-third of the estate or a child's equal share, whichever is greater if there are surviving children who are not children of the surviving spouse

If there is no surviving spouse

• Children (and their descendants by representation) share equally
• If no children: parents, siblings, and their descendants share equally
• If no parents or siblings: more remote kin in statutory order

Without a will naming an Executor, the court appoints an administrator. Tennessee law establishes a priority order: surviving spouse, then next of kin, then the largest creditor, or another suitable person at the judge's discretion. Priority must be claimed within 45 days of death or it may be deemed waived.

• No ability to choose who receives specific items or property
• No ability to name who should serve as Personal representative
• No ability to disinherit a statutory heir (intestacy follows a fixed formula)
• No ability to designate a guardian for minor children
• Distribution may not reflect the deceased person's actual wishes