When someone passes away without a valid will, the law calls it dying “intestate.” In these cases, Tennessee courts don’t follow what the person may have wanted—they follow state intestacy laws to determine how property is divided and who will inherit. For families in Sevierville, Gatlinburg, Pigeon Forge, and across East and Middle Tennessee, understanding intestacy can help reduce confusion and guide you through the probate process.
How Intestacy Works
If no will exists, Tennessee’s intestacy statutes dictate how the estate is distributed. These rules provide a strict order of priority, designed to keep assets within the family. While the system ensures that someone inherits, it may not align with the deceased’s personal wishes, especially if they hoped to leave property to non-relatives, charities, or specific individuals.
Who Inherits Under Tennessee Law
Tennessee intestacy law generally distributes assets as follows:
- If there is a surviving spouse and no children, the spouse inherits the entire estate.
- If there is a spouse and children, the estate is divided between them, with the spouse receiving at least one-third.
- If there is no spouse or children, the estate passes to parents, then siblings, and eventually to more distant relatives if no immediate heirs exist.
- If no relatives can be found, the estate may ultimately “escheat” to the State of Tennessee.
The Role of the Court
When someone dies intestate, the court appoints an administrator to manage the estate. This person collects assets, pays outstanding debts, and distributes what remains according to Tennessee law. A spouse usually has priority, but children, relatives, or even creditors may petition to serve if necessary. Family disagreements sometimes arise during this process, delaying administration and increasing stress for everyone involved.
The Risks of Intestacy
Dying intestate leaves important decisions in the hands of the court, not the family. Without a will, there may be uncertainty over guardianship of minor children, distribution of sentimental property, or who should serve as estate administrator. These gaps often lead to conflict, higher legal expenses, and longer probate proceedings.
How Champagne Law Firm Can Help
At Champagne Law Firm, with offices in Sevierville, Nashville, and Rogersville, we help families navigate the probate process when a loved one has died intestate. Our attorneys explain Tennessee’s inheritance laws, represent heirs in disputes, and guide administrators through their legal responsibilities. Just as importantly, we also help clients create wills and trusts to prevent intestacy and ensure their wishes are honored.
Planning Ahead Matters
Dying intestate can leave your loved ones facing uncertainty and conflict. Taking the time to create an estate plan ensures your property is distributed the way you want, reduces family disputes, and provides peace of mind.
Call Champagne Law Firm at 865-228-8080 or reach out online to schedule a consultation about probate, intestacy, or estate planning in Tennessee.
