Intestate Succession in Tennessee

If you die without a will in Tennessee, your assets will go to your closest relatives under state "intestate succession" laws. Here are some details about how intestate succession works in Tennessee.

Which Assets Pass by Intestate Succession

Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:

• property you've transferred to a living trust
• life insurance proceeds with a named beneficiary
• funds in an IRA, 401(k), or other retirement account with a named beneficiary
• securities held in a transfer-on-death account
• real estate for which you have a transfer on death deed
• vehicles for which you have a transfer on death registration
• payable-on-death bank accounts, or
• property you own with someone else in joint tenancy or tenancy by the entirety.

These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don't have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.

To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Tennessee.

Who Gets What in Tennessee?

Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here's a quick overview:

The Spouse's Share in Tennessee

In Tennessee, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants -- children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property equally, except that your spouse's share cannot be less than 1/3.

Example 1: Bill is married to Karen, and they have three grown children. Bill and Karen own a house in joint tenancy, and Karen is also the named beneficiary of Bill's retirement account. When Bill dies, Karen automatically inherits the house and any remaining retirement funds; those things are not intestate property. Bill also owns $300,000 worth of other property that would have passed under a will, so Karen inherits $100,000 worth -- that is, 1/3 -- of that property. The three children split the remaining $200,000 worth of Bill's intestate property.

Example 2: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright -- it isn't intestate property. Jed also inherits $100,000 worth of Barrett's property. Barrett's daughter inherits the remaining $100,000 share of Barrett's property.

Example 3: Jill is married to Kevin, and they have four grown children. Jill and Kevin own a large bank account in joint tenancy, and Jill took out a life insurance policy naming Kevin as the beneficiary. When Jill dies, Kevin receives the life insurance policy proceeds and inherits the bank account outright. Jill also owns $600,000 worth of property that would have passed under a will, so Kevin inherits $200,000 worth – that is, 1/3 – of that property. The four children split the remaining $400,000 worth of Jill's intestate property, receiving $100,000 each.

Children's Shares in Tennessee

If you die without a will in Tennessee, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have and whether or not you are married. (See the table above.)

For children to inherit from you under the laws of intestacy, Tennessee must consider them your children, legally. For many families, this is not a confusing issue. But it's not always clear. Here are some things to keep in mind.

• Adopted children. Children you legally adopted will receive an intestate share, just as your biological children do. (Tennessee Code Ann. § 31-2-105.)
• Foster children and stepchildren. Foster children and stepchildren you never legally adopted will not automatically receive a share.
• Children placed for adoption. Children you placed for adoption and who were legally adopted by another family will not receive a share. However, if your biological children were adopted by your spouse, that won't affect their intestate inheritance. (Tennessee Code Ann. § 31-2-105.)
• Posthumous children. Children conceived by you but not born before your death will receive a share, provided they survived at least 120 hours after birth. (Tennessee Code Ann. § 31-2-108.)
• Children born outside of marriage. If you were not married to your children's mother when she gave birth to them, they will receive a share of your estate if (1) you participated in a marriage ceremony that later turned out to be void, or (2) your paternity is established before or after your death according to procedures established by Tennessee law. (Tennessee Code Ann. § 31-2-105.)
• Grandchildren. A grandchild will receive a share only if that grandchild's parent (your son or daughter) is not alive to receive his or her share. (Tennessee Code Ann. § 31-2-106.)

This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney. If you want to read the laws themselves, you'll find a link to the Tennessee Statutes at the end of this article.

Will the State Get Your Property?

If you die without a will and don't have any family, your property will "escheat" into the state's coffers. However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won't go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, or cousins.

Other Tennessee Intestate Succession Rules

Here are a few other things to know about Tennessee's intestacy laws.

• Survivorship period. To inherit under Tennessee's intestate succession statutes, a person must outlive you by 120 hours. So, if you and your brother are in a car accident and he dies a few hours after you do, his estate would not receive any of your property. (Tennessee Code Ann. § 31-3-120.)
• Half-relatives. "Half" relatives inherit as if they were "whole." That is, your sister with whom you share a father, but not a mother, has the same right to your property as she would if you had both parents in common. (Tennessee Code Ann. § 31-2-107.)
• Posthumous relatives. Relatives conceived before -- but born after -- you die inherit as if they had been born while you were alive. (Tennessee Code Ann. § 31-2-108.)
• Immigration status. Relatives entitled to an intestate share of your property will inherit whether or not they are citizens or legally in the United States.
• Advancements. If you give a relative property during your lifetime, the value of the property is subtracted from your relative's share only if you or your relative states this in writing. (Tennessee Code Ann. § 31-5-101.)
• Child support arrearages. If you are behind on your child support payments and your child dies, you will not be allowed to inherit from your child until all of your overdue payments and accumulated interest are paid in full to the other parent. (Tennessee Code Ann. § 31-2-105.)
• "Killer" rule. Someone who feloniously and intentionally kills you will not receive a share of your property. (Tennessee Code Ann. § 31-1-106.)

Learn More

To learn more about intestate succession, read How an Estate Is Settled If There's No Will.

You can find Tennessee's intestate succession laws in Sections 31-2-101 to 31-2-110 of the Tennessee Code. If you want to read the law, you can search the code for free from the LexisNexis website.

For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.

Need a lawyer? Search for an experienced estate planning attorney with Nolo's Lawyer Directory.