Who inherits in Tennessee without a will?

The surviving spouse takes the entire intestate estate where no issue survives, and otherwise the greater of one-third or a child's share (Tenn. Code Ann. § 31-2-104(a)); the rest passes to the issue, then the parents, then the siblings and their issue, then the grandparents and their issue (Tenn. Code Ann. § 31-2-104(b)) — by representation, which is per stirpes (Tenn. Code Ann. § 31-2-106).

What does the surviving spouse get besides the share?

Exempt property up to $50,000 (Tenn. Code Ann. § 30-2-101), a year's support allowance (Tenn. Code Ann. § 30-2-102), the homestead (Tenn. Code Ann. § 30-2-201) and the right to elect an elective share measured by the length of the marriage (Tenn. Code Ann. § 31-4-101).

Does a trust change what passes by intestacy?

Property titled to the trust passes under the trust's terms; only property outside it passes by intestacy. Real property vests in the heirs at the death subject to the estate's rights (Tenn. Code Ann. § 31-2-103).

Does the State of Tennessee take your property if you die without a will?

Almost never. The intestacy statute passes the estate to the surviving spouse and the descendants, then to the parents, then to brothers and sisters and their descendants, and then to the grandparents and their descendants, in the order it sets (Tenn. Code Ann. § 31-2-104); property passes to the state only where no relative it names survives. The bigger issue is that you lose control over who inherits and who manages the estate. General information, not legal advice.

Dying Without a Will in Tennessee (Intestacy)

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What “intestate” means

Dying “intestate” means dying without a valid will. Tennessee's statute of descent (Tenn. Code Ann. § 31-2-104(a), Tenn. Code Ann. § 31-2-104(b)) then sets a fixed order of who inherits your probate assets — regardless of what you would have wanted — dividing a share among descendants of unequal degree per stirpes (Tenn. Code Ann. § 31-2-106). Assets that pass outside probate (a funded Trust, beneficiary designations, property held with right of survivorship) follow their own rules, not intestacy.

Who inherits under Tennessee law

Spouse, no descendants — the surviving spouse inherits the entire intestate estate (Tenn. Code Ann. § 31-2-104(a)).
Spouse and children — the surviving spouse takes one-third of the intestate estate or a child's share, whichever is greater; the children take the rest (Tenn. Code Ann. § 31-2-104(a); Tenn. Code Ann. § 31-2-104(b)).
No spouse — the issue take, equally if of the same degree and by representation if not; then the parents; then the siblings and their issue; then the grandparents and their issue by halves (Tenn. Code Ann. § 31-2-104(b)); representation is per stirpes (Tenn. Code Ann. § 31-2-106).
No surviving spouse — assets pass to descendants, then to parents, then to siblings, and outward along the family tree (Tenn. Code Ann. § 31-2-104(b)).

The spouse's share, the homestead and the elective share

In Tennessee, when there is no will, the surviving spouse takes the whole estate with no surviving issue, and otherwise one-third or a child's share, whichever is greater (Tenn. Code Ann. § 31-2-104(a)); the homestead, the exempt property up to $50,000 and a year's support are set apart for the spouse or the minor children first (Tenn. Code Ann. § 30-2-201; Tenn. Code Ann. §§ 30-2-101, 30-2-102). And intestacy never lets you name a guardian for minor children or set conditions on what they receive. These are exactly the gaps a plan closes.

Does the state take everything?

Almost never. Property only “escheats” to the State of Tennessee as a last resort when no heirs at all can be found — which is rare. The real cost of dying intestate isn't the state taking your assets; it's losing control over who receives them, who raises your minor children, and how much delay and conflict your family faces.

Take back the decision

Intestacy is the plan the state writes when you don't write your own — and it rarely matches what people actually want. This page is general information, not legal advice. A free role check can show you where you stand, and a Tennessee attorney can help you put a plan in place.

General information about Tennessee law, not legal advice.

Frequently asked questions

Who inherits in Tennessee without a will?: The surviving spouse takes the entire intestate estate where no issue survives, and otherwise the greater of one-third or a child's share (Tenn. Code Ann. § 31-2-104(a)); the rest passes to the issue, then the parents, then the siblings and their issue, then the grandparents and their issue (Tenn. Code Ann. § 31-2-104(b)) — by representation, which is per stirpes (Tenn. Code Ann. § 31-2-106).
What does the surviving spouse get besides the share?: Exempt property up to $50,000 (Tenn. Code Ann. § 30-2-101), a year's support allowance (Tenn. Code Ann. § 30-2-102), the homestead (Tenn. Code Ann. § 30-2-201) and the right to elect an elective share measured by the length of the marriage (Tenn. Code Ann. § 31-4-101).
Does a trust change what passes by intestacy?: Property titled to the trust passes under the trust's terms; only property outside it passes by intestacy. Real property vests in the heirs at the death subject to the estate's rights (Tenn. Code Ann. § 31-2-103).
Does the State of Tennessee take your property if you die without a will?: Almost never. The intestacy statute passes the estate to the surviving spouse and the descendants, then to the parents, then to brothers and sisters and their descendants, and then to the grandparents and their descendants, in the order it sets (Tenn. Code Ann. § 31-2-104); property passes to the state only where no relative it names survives. The bigger issue is that you lose control over who inherits and who manages the estate. General information, not legal advice.

General information about Tennessee law, not legal advice.