TN risk area

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.

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?

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 this risk area helps you evaluate 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

Risk 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.

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