Simple to Understand Tennessee Inheritance Laws
Inheritance laws apply when a person dies without a will. In Tennessee, people can leave property to whomever they wish in a last will and testament. However, when a person dies without a will, certain "intestacy" laws provide guidance for the distribution of the deceased person's property.
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Spouse's Inheritance
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Section 31-2-104(a)(1) of Tennessee's code describes the share of property the spouse of a deceased person receives if the deceased person did not leave a will. If a person dies without a will and leaves a spouse but no children, his spouse receives all of his property.
Children's Inheritance
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Section 31-2-104(a)(2) states that if a person dies leaving a spouse and children behind, his spouse receives one-third of his property. Section 31-2-104(b)(1) explains that if a person dies with surviving children and no surviving spouse, his surviving children receive his property in equal shares if they are all the same degree of blood relation.
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Parents, Siblings and Grandparents
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Section 31-2-104(b)(2) explains what happens to a deceased person's property if she does not have children or a surviving spouse. A deceased person's parents receive her property in equal shares if she left no children and no surviving spouse. If a deceased person has no surviving children, spouse or parents, her property goes to her brothers and sisters. If she has no surviving brothers or sisters, then her property goes to her nieces and nephews. If the deceased person leaves no surviving spouse, children, parents, siblings, nieces or nephews behind, then her property goes to her grandparents.
Additional Considerations
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Section 31-2-108 explains that if a child was conceived while the deceased person was still alive, but was not born until after the deceased person's death, that child inherits property just as if he had been born during the deceased person's lifetime. Section 31-2-110 explains that if a deceased person leaves no heirs, his property "escheats" to the state of Tennessee. This means his property becomes the state's property.
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