What Happens If Someone Dies Without a Will in Tennessee?

Many people assume that if they die without a will, their property will automatically go to their spouse or children. While Tennessee law does provide a framework for distributing assets when someone dies without a will, the results may not match what the person would have wanted.

When someone dies without a valid will in Tennessee, their estate is distributed according to intestate succession laws. If the person was married and had no children, the surviving spouse inherits the entire estate. If the person was married and had children, the spouse receives either one-third of the estate or a child's share, whichever is greater, and the children share the remainder.

If there is no surviving spouse, the children inherit the entire estate. If there are no children or spouse, the estate may pass to parents, siblings, grandparents, or other relatives in a specific order defined by Tennessee law. If no relatives can be found, the estate may ultimately pass to the state.

Dying without a will means you lose control over who inherits your property, who serves as executor, and how your assets are distributed. The process can also take longer and cost more in legal fees. Having a valid will allows you to specify your wishes, name an executor, and potentially reduce complications for your loved ones.

If you need help with estate planning or have questions about what happens when someone dies without a will in Tennessee, Hagar & Phillips is the law firm to contact. Our estate and family law team can help you create a will, establish an estate plan, or navigate the probate process.

With over 40 years of combined experience, Hagar & Phillips has established itself as one of the most trusted firms for estate and family law matters in Wilson County. Our attorneys bring diverse backgrounds and strong knowledge of Tennessee law to every case.

To schedule a confidential consultation with our estate planning team, contact Hagar & Phillips at 615-784-4588.

This article is for general informational purposes only. It is not legal advice and does not create an attorney-client relationship.

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