How to Understand Tennessee Inheritance Laws
Tennessee's inheritance laws determine who receives property from a person who dies leaving behind property in Tennessee. These laws allow Tennessee residents to choose who inherits their property after they die, but they also cover those who take no steps to make such a determination. Tennessee's inheritance and probate laws are generally found in chapters 30, 31 and 32 of the Tennessee Code.
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Instructions
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Account for the estate. A deceased person can only pass on property he owns individually. All the property the person owns at the time of death is known as the estate. Estates do not include joint property with rights of survivorship, such as a joint checking account the decedent owned with his wife.
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Distinguish between testate and intestate estates. A testate estate is one in which the decedent created a valid last will and testament, while an intestate estate is one in which she did not. If the decedent left behind a valid will, the terms of the will determine who inherits property. If there is no valid last will, the estate must be distributed according to Tennessee's intestate succession laws.
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Consider the probate process. The Tennessee probate process is the legal procedure through which estate property gets distributed to inheritors. This process generally requires that a person bring the decedent's will before a state probate court so the court can determine if the will is valid. Once this happens, the court names a representative to handle to estate settling process in which the property gets distributed to new owners.
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Don't forget elective shares. When a spouse dies leaving behind a will, the surviving spouse has the right to receive a specific portion of the estate regardless of the terms contained in the will. This spouse's elective share in Tennessee is based on the length of the marriage. For example, if the couple was married for less than three years, the spouse gets 10 percent of the estate. If they were married for nine or more years, the spouse receives 40 percent of the estate.
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Tips & Warnings
Inheritance laws can get quite complicated, and applying them to any particular situation often requires the assistance of a qualified attorney. Talk to a Tennessee estate planning lawyer if you need legal advice about the state's inheritance laws.
