Dying without a will, also known as dying intestate, can inspire complications for your loved ones after you’re gone. Without a legally valid will to direct how your assets should be distributed, Tennessee’s intestacy laws will determine who inherits your estate. These laws follow a strict order of succession that may not align with your personal wishes. And if you’re like most people, you are likely alarmed if this is the first time that you’re learning that the state will decide – not your loved ones – who gets what.
When someone dies intestate in Tennessee, the distribution of their assets depends on who their surviving family members are. The state will follow these general rules if you die without an estate plan in place:
- If you are married with children, your spouse and children will share your estate. Your spouse receives at least one-third of the estate, with the remaining portion divided among your children.
- If you are married without children, your spouse will inherit everything.
- If you have children but no spouse, your children will inherit your entire estate in equal shares.
- If you have no spouse or children, your estate will pass to your parent. If both parents are deceased, it will be divided among your siblings.
- If no immediate family members are alive, the estate may go to more distant relatives, such as nieces, nephews or cousins.
- If no legal heirs are found, your estate will become the property of the State of Tennessee.
That’s right… the state will determine how to distribute everything, and may even take everything if you don’t have close blood relatives.
Do you want the state to determine all of this?
Without a will, your estate may not be distributed as you otherwise would have wanted. If your family is “non-traditional,” they may be particularly impacted by this reality. Intestacy laws do not account for non-traditional family structures, such as stepchildren, unmarried partners or close friends, meaning they will not inherit unless you specifically dictate your wishes in a legally enforceable estate plan.
If this – understandably upsetting – information has inspired you to act, know that you can get started on your estate plan today. Seeking personalized legal guidance can help to ensure that your assets are ultimately transferred according to your wishes.