What Happens When Someone Dies Without a Will in Tennessee?
When someone dies without a will in Tennessee, their property does not automatically pass to the State, and the family does not simply decide among themselves who receives the deceased person’s assets. Instead, Tennessee’s intestate succession laws determine who inherits property that is subject to the probate estate.
Dying without a valid will is commonly referred to as dying intestate.
The process can become confusing quickly. Questions often arise about who has authority to handle the deceased person’s affairs, whether probate is necessary, who is responsible for debts, and how property is ultimately distributed.
Understanding the basic Tennessee probate process can help families know what to expect.
What Does “Intestate” Mean in Tennessee?
A person dies intestate when he or she dies without leaving a valid will that controls the disposition of the probate estate.
When that occurs, Tennessee law essentially supplies the inheritance plan.
Instead of the deceased person choosing beneficiaries through a will, Tennessee’s statutes determine which relatives are entitled to inherit.
Importantly, intestacy generally concerns property that actually passes through the probate estate. Some assets can pass outside probate because of the way they are titled or because a beneficiary was designated.
Who Inherits When Someone Dies Without a Will in Tennessee?
The answer depends upon which family members survive the deceased person.
Tennessee’s intestate succession statutes establish an order of inheritance. The result can vary significantly depending upon whether the deceased person left a surviving spouse, children, parents, siblings, or more distant relatives.
If There Is a Surviving Spouse but No Children
When the deceased person leaves a surviving spouse and no descendants, the surviving spouse generally receives the entire intestate estate.
If There Are Children but No Surviving Spouse
If there is no surviving spouse but the deceased person leaves descendants, the descendants generally inherit the intestate estate.
How the shares are divided can depend upon the family structure and the generations involved.
If There Is a Surviving Spouse and Children
This is an area where Tennessee law can surprise families.
When both a spouse and descendants survive, the surviving spouse does not necessarily receive the entire estate.
Tennessee’s intestacy statute provides a specific division between the surviving spouse and descendants. The precise distribution depends upon the statutory formula and the number of surviving descendants.
This is one reason families should avoid assuming that “everything automatically goes to the spouse.”
What If There Is No Spouse or Children?
Tennessee law continues through additional degrees of family relationship.
Depending upon who survives the deceased person, the estate may pass to parents, siblings, descendants of siblings, grandparents or other relatives according to the statutory order.
Determining the proper heirs can become considerably more complicated when relatives have predeceased the decedent or when multiple generations are involved.
Does Everything Go Through Probate?
No.
One of the most important distinctions in estate administration is the difference between probate assets and assets that pass by some other mechanism.
For example, depending upon how the particular asset is structured, property may pass outside the probate estate through:
- Rights of survivorship;
- Certain jointly owned property;
- Beneficiary designations;
- Payable-on-death or transfer-on-death arrangements;
- Life insurance beneficiary designations; or
- Trust arrangements.
Whether a particular asset is part of the probate estate depends upon the ownership and beneficiary arrangements that existed at the time of death.
This means that determining who the intestate heirs are is only part of the analysis. The estate representative must also determine what property actually belongs to the probate estate.
Who Handles the Estate If There Is No Will?
A will commonly nominates someone to serve as executor.
When there is no will, there is no nominated executor. Instead, an appropriate person may petition the court to be appointed to administer the estate.
Once appointed and qualified, that person generally serves as the administrator and is a type of personal representative of the estate.
The administrator’s authority comes from the probate court rather than merely from being a family member.
This distinction matters. Being the spouse, child or other heir of a deceased person does not necessarily give someone immediate legal authority to act on behalf of the probate estate.
What Does an Administrator Do?
Administering an estate involves much more than dividing property among family members.
Depending upon the estate, the administrator may be responsible for matters such as:
- Identifying estate assets;
- Protecting and preserving property;
- Determining the deceased person’s debts;
- Providing required notices;
- Addressing creditor claims;
- Handling estate expenses;
- Dealing with real property;
- Accounting for estate funds;
- Making appropriate distributions; and
- Completing the steps necessary to close the estate.
Tennessee law also imposes notification obligations upon personal representatives. Current Tennessee law requires certain beneficiary or distributee notifications within 60 days after entering upon administration of the estate.
The administrator therefore acts in a fiduciary capacity and should keep appropriate records throughout the administration.
What Happens to the Deceased Person’s Debts?
Death does not necessarily make valid debts disappear.
The probate process includes procedures for notifying creditors and allowing claims to be asserted against the estate. Tennessee law establishes specific procedures and deadlines concerning creditor claims and objections to those claims.
Generally, valid estate obligations must be addressed before the remaining probate property can be distributed to heirs.
That does not mean that family members automatically become personally responsible for every debt simply because they are heirs.
The nature of the debt, ownership of the property, contractual obligations and the assets available to the estate can all matter.
What About TennCare Estate Recovery?
TennCare can create an additional issue in some Tennessee estates.
When TennCare paid certain long-term-care expenses for a deceased person, Tennessee may pursue estate recovery under applicable law. TennCare explains that recovery is made from property owned by the deceased person and that surviving family members are not personally responsible merely because they are relatives. Tennessee State Government
TennCare provides a Request for Release procedure through which the family or estate representative can determine whether an estate-recovery claim exists and whether an exemption, waiver or deferral may apply. Tennessee State Government
This issue should be addressed before estate property is distributed when TennCare recovery may be implicated.
Does Tennessee Have an Inheritance Tax?
For current estates, Tennessee’s former inheritance tax generally is not an issue.
The Tennessee Department of Revenue states that Tennessee inheritance tax is not imposed for individuals who died in 2016 or later. Tennessee State Government
That does not mean an estate can never have federal tax consequences or other tax-reporting obligations. Tax issues depend upon the particular estate.
What Happens to Real Estate When Someone Dies Without a Will?
Real estate frequently creates some of the most significant issues in an intestate estate.
Families may need to determine:
- How the property was titled at death;
- Whether another person had survivorship rights;
- Who the legal heirs are;
- Whether the property is needed to satisfy estate obligations;
- Whether the heirs want to retain or sell the property; and
- What documentation will be necessary to establish marketable title.
These questions become especially important when the family intends to sell inherited real estate.
An estate involving real property can therefore require coordination between probate law and real-estate/title law before a sale can be completed.
Can the Family Just Agree on Who Gets Everything?
Families should be cautious about informally distributing estate property without first determining the legal ownership of the assets and the estate’s obligations.
Even when everyone initially appears to agree, problems can arise later if:
- An heir was overlooked;
- A creditor files a claim;
- Property was incorrectly treated as a probate asset;
- An estate obligation remains unpaid;
- A title problem arises; or
- Someone distributing property lacked legal authority to do so.
A cooperative family can certainly make estate administration easier, but agreement among family members does not eliminate applicable Tennessee probate requirements.
How Long Does Probate Take in Tennessee?
There is no single timeline for every Tennessee estate.
The time required depends upon the assets involved, creditor issues, real estate, disputes among heirs, tax matters, TennCare issues and whether unusual legal questions arise.
Tennessee’s probate process also incorporates statutory periods associated with creditor claims. Current law addresses creditor claims by reference to a four-month notice period, together with additional deadlines applicable to exceptions to claims.
For that reason, even a cooperative estate is not necessarily something that can be opened and completely distributed within a few weeks.
Do You Need an Attorney to Probate an Estate in Tennessee?
Whether legal representation is necessary depends upon the circumstances, but probate can involve significant legal responsibilities.
An attorney can assist with matters such as determining whether probate is necessary, identifying the proper heirs, petitioning for appointment of an administrator, evaluating creditor claims, addressing real estate, preparing court filings and completing the administration.
Legal assistance can be particularly valuable when an estate involves real property, disputed heirs, creditor problems, TennCare recovery, business interests or disagreements among family members.
Speak With Daniel Law About a Tennessee Probate Estate
Daniel Law, PLLC assists families with probate and estate administration in Waverly, Humphreys County and surrounding Middle Tennessee communities.
If a family member has died without a will, or you need assistance determining how an estate should be administered, contact Daniel Law, PLLC to schedule a consultation.
This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Tennessee probate and estate laws may change, and the application of the law depends upon the particular facts and circumstances of each estate.