What Happens If You Die Without a Will in Tennessee?
Many people assume that if they die without a will, their property will automatically pass to their spouse or children in a straightforward way. In Tennessee, that is not always the case.
When someone dies without a valid will, they are considered to have died intestate, and Tennessee law, not the family, controls how property is distributed.
If you are unsure whether your family would be protected under Tennessee law, learning more about estate planning in Tennessee can help clarify your options.
Understanding how intestate succession works can help families avoid confusion, conflict, and unnecessary expense.
--This article is for general informational purposes only and is not legal advice.
What Does “Intestate” Mean?
A person dies intestate when they pass away without a legally valid will. In that situation:
Tennessee statutes determine who inherits
The court appoints an administrator
The estate must go through probate
Personal wishes that were never documented may not be honored
The law applies automatically, regardless of what the decedent may have intended.
Families are often surprised by these outcomes, which is why many first encounter these issues during the probate process in Tennessee.
Who Inherits Under Tennessee Intestacy Laws?
Tennessee’s intestate succession laws distribute property based on family relationships, not fairness or personal circumstances.
If the decedent was married:
The surviving spouse does not automatically receive everything
The spouse typically shares the estate with children
Children from prior relationships can complicate distribution
If the decedent was not married:
Property passes to children, parents, siblings, or more distant relatives
Estranged relatives may inherit
Loved ones who are not legally related may receive nothing
These outcomes often surprise families.
What Happens to Minor Children?
If a parent dies without a will and has minor children:
No guardian is legally named
A court decides who will care for the children
Family members may disagree about custody
Additional court involvement is required
A will allows parents to nominate a guardian, giving the court clear guidance and reducing uncertainty.
Proper planning allows parents to nominate guardians and reduce uncertainty, which is a key component of a comprehensive will-based estate plan.
Probate Is Still Required — Often With More Complications
Dying without a will does not avoid probate. In fact, intestate estates often involve:
Longer timelines
Additional court hearings
Increased legal costs
Greater potential for disputes
Because no executor is named, the court must appoint an administrator, which can delay the process and increase stress for surviving family members.
Understanding what probate involves can help families prepare and avoid delays. You can learn more about how estates are administered on our Tennessee probate overview page.
Why a Will Matters — Even for Simple Estates
A common misconception is that wills are only necessary for wealthy individuals. In reality, a will provides clarity by:
Naming an executor you trust
Specifying who receives property
Addressing blended family concerns
Nominating guardians for children
Reducing confusion and conflict
Even modest estates benefit from clear planning.
When a Will May Not Be Enough
While a will is a critical foundation, it does not avoid probate. For some families, additional planning tools — such as trusts or beneficiary coordination — may better serve their goals.
An experienced attorney can help determine what level of planning is appropriate based on:
Assets
Family structure
Privacy concerns
Long-term goals
In some situations, families choose trust-based estate planning to provide additional control, privacy, and efficiency.
Planning Ahead Protects the People You Love
Estate planning is not about predicting the future — it’s about reducing uncertainty and protecting loved ones if the unexpected happens.
The beginning of a new year is an ideal time to:
Review existing documents
Create a will if none exists
Update beneficiaries
Ensure plans reflect current law and family circumstances
Final Thoughts
If you die without a will in Tennessee, the law — not your family — decides what happens to your estate. While intestacy laws provide a default structure, they rarely reflect what someone would have chosen for themselves.
Thoughtful planning allows you to retain control, provide clarity, and ease the burden on those you leave behind.
If you have questions about creating or updating an estate plan, speaking with an experienced Tennessee attorney can help you understand your options and take the next step with confidence.
If you have questions about creating or updating an estate plan, you can schedule a consultation to discuss options tailored to your family and goals.