Navigating Intestate Succession in Tennessee: What Happens When You Don’t Have a Will

Intestate succession is the legal process that comes into play when someone passes away without a will or other legally valid documents dictating how their  assets should be distributed. Intestate succession can be a complex and daunting process, especially for those unfamiliar with the laws of their state. In Tennessee, intestate succession follows specific guidelines that dictate how a deceased person’s assets are distributed when they haven’t left behind a valid will. In this blog, we’ll explore what intestate succession entails in Tennessee, how it works, and why having a will is crucial for avoiding potential complications. Understanding Intestate Succession in Tennessee In Tennessee, intestate succession is governed by statutes outlined in the Tennessee Code. When someone dies without a will, their assets are distributed according to these laws, which establish a hierarchy of inheritance based on the deceased person’s surviving relatives. The specifics of intestate succession in Tennessee are as follows:

1. Surviving Spouse: If the deceased person is survived by a spouse but no children or other descendants, the spouse inherits the entire estate.
2. Surviving Spouse and Children: If the deceased person is survived by a spouse and children, the estate is divided between them. The surviving spouse typically receives a portion of the estate, with the remainder divided among the children.
3. Children and No Surviving Spouse: If there are children but no surviving spouse, the estate is divided equally among the children.
4. Parents: If there are no surviving spouse or children, the estate passes to the deceased person’s parents in equal shares, or to the surviving parent if only one is alive.
5. Siblings: If there are no surviving spouse, children, or parents, the estate passes to the deceased person’s siblings, or their descendants if the siblings are deceased.
6. Other Relatives: If there are no surviving relatives as described above, the estate may pass to more distant relatives, or ultimately escheat to the state.

The Downsides of Intestate Succession in Tennessee While intestate succession provides a framework for distributing assets when there is no will, it can have significant drawbacks:

1. Lack of Control: Without a will, you have no control over who inherits your assets. Your estate will be distributed according to Tennessee’s intestate succession laws, which may not align with your wishes or values.
2. Potential for Family Disputes: Intestate succession can lead to family conflicts and disputes over asset distribution. Family members may disagree about who should receive what, leading to tension and resentment among heirs.
3. Complexity and Delay: Intestate succession can be a lengthy and complex process, particularly if there are disputes among heirs or uncertainties regarding the deceased person’s estate. This can prolong the settlement of the estate and increase administrative costs.

The Importance of Having a Will in Tennessee Given the potential drawbacks of intestate succession, having a will is essential for residents of Tennessee. A will allows you to specify how you want your assets to be distributed, appoint guardians for minor children, designate an executor to oversee your estate, and address other important matters. By creating a will with the assistance of an experienced estate planning attorney, you can ensure that your wishes are honored and your loved ones are provided for according to your intentions. Don’t leave your estate to chance—take control of your legacy by creating a comprehensive will today.