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Tennessee Intestate Succession: Dying Without a Will

If you die without a will, Tennessee's intestacy rules apply (T.C.A. § 31-2-104). If you leave surviving descendants, your spouse takes a child's share but not less than one-third (1/3) of the estate; if you leave no descendants, the spouse takes the entire estate. So with one child the spouse takes 1/2; with two or more children the spouse takes 1/3.

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. Talk to a Tennessee attorney about your specific situation.

If you die without a will, you die “intestate,” and Tennessee law — not your wishes — decides who inherits.

The intestacy rules

Tennessee’s intestate succession rules are set out in T.C.A. § 31-2-104. They distribute your property to your closest relatives in a statutory order.

The surviving spouse’s share

  • With surviving descendants (children or their descendants): the spouse takes a child’s share, but not less than one-third (1/3) of the estate.
  • With no descendants: the spouse takes the entire estate.

Because the spouse never takes less than one-third, the math works out like this:

  • One child: spouse takes 1/2.
  • Two or more children: spouse takes 1/3 (the children share the rest).

Why a will matters

Intestacy may not match what you’d want — it doesn’t account for stepchildren, unmarried partners, charities, or specific gifts. A valid will, and often a living trust, let you decide instead. Either way, the estate may pass through probate.

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Frequently asked questions

What happens if I die without a will in Tennessee?
Tennessee's intestacy rules decide who inherits (T.C.A. § 31-2-104). Your property passes to your closest relatives in an order set by statute, rather than by your wishes.
How much does a surviving spouse inherit in Tennessee?
If there are surviving descendants, the spouse takes a child's share but not less than one-third (1/3) of the estate. If there are no descendants, the spouse takes the entire estate (T.C.A. § 31-2-104).
How does the spouse's share change with the number of children?
Because the spouse takes a child's share but never less than one-third, with one child the spouse takes 1/2; with two or more children the spouse takes 1/3 (T.C.A. § 31-2-104).

Sources

Related guides

  • Avoiding Probate in Tennessee Several assets pass outside probate in Tennessee: beneficiary designations, payable-on-death/transfer-on-death accounts, joint tenancy with right of survivorship, and a funded revocable trust. Unlike some states, Tennessee has historically not allowed a transfer-on-death (beneficiary) deed for real estate — an area to confirm with a current attorney, as it has been the subject of recent legislation.
  • Tennessee Advance Directives & Living Wills Tennessee lets you plan for medical decisions through the Tennessee Health Care Decisions Act (T.C.A. § 68-11-1801 et seq.) — an advance directive and the appointment of a health-care agent — and through a living will under the Tennessee Right to Natural Death Act (T.C.A. § 32-11-101 et seq.), which directs whether life-sustaining procedures are used.
  • Tennessee Living Trusts: How They Work Trusts in Tennessee are governed by the Tennessee Uniform Trust Code (T.C.A. Title 35, Chapter 15). A revocable living trust (§ 35-15-602) can be amended or revoked by the settlor, and — if it is funded — lets the assets it holds pass outside probate. A trust only avoids probate for property actually transferred into it during your life.
  • Tennessee Power of Attorney: Durable POAs Explained Under the Tennessee Uniform Durable Power of Attorney Act (T.C.A. § 34-6-101 et seq.), a power of attorney is durable — surviving the principal's later incapacity — only if it contains durability language showing that intent, such as 'This power of attorney shall not be affected by subsequent disability or incapacity of the principal' (T.C.A. § 34-6-102). Without that language, the agent's authority ends if the principal becomes incapacitated.
  • Tennessee Wills: Requirements & How They Work A standard Tennessee will must be in writing, signed by the testator, and attested by at least two witnesses who sign in the testator's presence (T.C.A. § 32-1-104). Tennessee also recognizes holographic wills — valid without witnesses if the signature and all material provisions are in the testator's own handwriting (T.C.A. § 32-1-105). Oral (nuncupative) wills are allowed only in very limited deathbed circumstances (T.C.A. § 32-1-106).

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