Most people believe that if they die without a will, everything they own passes automatically to their spouse. In Tennessee, that is usually wrong. When you die without a will, Tennessee law — not you — decides who inherits your property, who is put in charge of your estate, and who raises your minor children. Understanding how that default works is the fastest way to see why even a simple will matters.
What "Intestate" Actually Means
Dying without a valid will is called dying intestate. It does not mean your property goes to the State of Tennessee. It means the legislature has written a substitute plan for you, and the courts apply it exactly as written, regardless of what you would have wanted, what you told your family, or what your circumstances actually are.
Intestate succession in Tennessee is governed by T.C.A. § 31-2-104. That statute, not your intentions, controls who inherits. It applies to your probate estate — the assets titled in your name alone. Assets with a valid beneficiary designation or survivorship title, such as life insurance, retirement accounts, and jointly held real estate, pass outside of it.
Who Inherits in Tennessee When There Is No Will
Tennessee's intestacy statute works down a chain of relationships:
- Spouse and no children. Your surviving spouse inherits the entire probate estate.
- Spouse and children. This is where most families are surprised. Your spouse does not take everything. Your spouse receives a child's share, but never less than one-third of the estate. Your children divide the rest, in equal shares, with the share of a deceased child passing to that child's own descendants.
- Children and no spouse. Your children inherit everything in equal shares.
- No spouse and no descendants. The estate goes to your parents, or to the survivor of them.
- No parents. The estate passes to your brothers and sisters, with a deceased sibling's share going to that sibling's children.
- No siblings. Tennessee continues outward to grandparents, aunts, uncles, and cousins before the estate can ever escheat to the state — an outcome that is rare.
Notice what is missing from that list. Stepchildren you raised but never legally adopted receive nothing. An unmarried partner of twenty years receives nothing. A charity you supported your entire life receives nothing. A child you intentionally wanted to leave out inherits anyway. The statute is blind to all of it.
Who Ends Up Running Your Estate
A will names an executor. Without one, the court appoints an administrator instead, following the statutory order of preference in T.C.A. § 30-1-106 — generally the surviving spouse, then the next of kin, then a creditor, then any suitable person. If more than one family member wants the role, or if the family disagrees about who should serve, the dispute gets resolved in open court.
For families here in Middle Tennessee, that means the Williamson County Chancery Court for estates in Franklin, Brentwood, and the rest of Williamson County, and the Davidson County Probate Court for estates in Nashville. Both courts handle intestate administration constantly. Both also require the administrator of an intestate estate to post a bond in many cases — a cost your family absorbs that a well-drafted will can waive outright.
Your Minor Children
This is the part that should move anyone with young children to act. A will is where you nominate the guardian who will raise your children if you and the other parent are both gone. Without a will, there is no nomination. Relatives petition the court, the judge weighs the best interests of the child, and the outcome may be a relative you would never have chosen — or a contested hearing between two sides of a family during the worst month of your children's lives.
A will also lets you decide when your children receive money. Under intestacy, a child's inheritance is held for them and then handed over outright at age eighteen. A trust created in your will can stagger distributions, fund education first, and put a trustee you selected in charge until your child is genuinely ready.
Common Misconceptions
"My spouse automatically gets everything." Only if you have no children. Otherwise your spouse shares the estate with them, which can leave a surviving spouse owning a fraction of the family home alongside adult children from a prior marriage.
Two others worth naming. First, a small estate does not mean no probate — Tennessee's simplified small estate process has limits, and real estate complicates it quickly. Second, a handwritten note or a verbal promise is not a substitute; Tennessee recognizes holographic wills only under narrow conditions, and informal documents are exactly what produce litigation.
A Simple Will Prevents All of This
Everything described above is a default that you are free to override. A properly executed Tennessee will names your beneficiaries, names your executor, waives the bond, nominates a guardian for your children, and can create trusts for anyone who should not receive a lump sum. For most families it is a single meeting and a signing appointment.
If you have assets, a spouse, children, or anyone who depends on you, the default plan is almost certainly not the plan you would write. Our estate planning practice helps families across Franklin, Nashville, Williamson County, and Davidson County put a real plan in place — usually in far less time than they expect.
If you have been meaning to get this handled, schedule a consultation. We will walk through what you own, who you want to take care of, and what it takes to make sure Tennessee's default rules never apply to your family.