TN estate risk
Intestacy risk in Tennessee
How assets are distributed when there is no will and state default rules control the outcome.
Tennessee intestacy gives the surviving spouse the entire estate if there are no descendants; otherwise the spouse receives one-third or a child's share, whichever is greater.
At a glance
Key takeaways
- If there is no surviving issue, the spouse inherits the entire intestate estate.
- If there are surviving issue, the spouse receives one-third or a child's share, whichever is greater.
- Remaining estate passes to issue by representation, then to parents, then to siblings and their issue.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Questions to consider
Questions to consider in Tennessee
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
Tennessee intestacy gives the surviving spouse the entire estate if there are no descendants; otherwise the spouse receives one-third or a child's share, whichever is greater.
- If there is no surviving issue, the spouse inherits the entire intestate estate.
- If there are surviving issue, the spouse receives one-third or a child's share, whichever is greater.
- Remaining estate passes to issue by representation, then to parents, then to siblings and their issue.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
- https://law.justia.com/codes/tennessee/title-31/chapter-2/section-31-2-104/
- https://law.justia.com/codes/tennessee/title-31/chapter-3/section-31-3-108/
Background sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Tennessee.
Optional next steps
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