When a Tennessee resident dies without a will, state law determines who inherits, starting with a surviving spouse and children and moving down through parents, siblings, and grandparents. Unmarried partners inherit nothing under this scheme, and the results can surprise blended families and anyone hoping to disinherit an estranged relative. A will is the only way to make sure your own wishes control instead.
When a Tennessee resident dies without a will, state law — not the family’s expectations — determines who inherits. Here’s the statutory priority order, the surprises it can create, and why a will avoids these problems.
Priority Order of Inheritance
| Surviving Family | Who Inherits |
|---|---|
| Spouse, no children | Spouse receives the entire estate |
| Spouse and children | Spouse receives the greater of one-third or a child’s share; the remainder is split among the children |
| No spouse, surviving children | Children (or their descendants) inherit equally |
| No spouse or children | Parents inherit |
| No spouse, children, or parents | Siblings (or their descendants) inherit |
| No closer relatives | Grandparents or their descendants inherit |
| No relatives found | The estate escheats to the State of Tennessee |
Unmarried Partners Inherit Nothing
Tennessee does not recognize inheritance rights for unmarried domestic partners, regardless of how long the relationship lasted or how it was intended. An unmarried partner receives nothing under intestate succession unless provided for through a will, trust, or beneficiary designation.
Common Surprising Outcomes
- Blended families: A new spouse and children from a prior relationship share the estate.
- Estranged relatives: An estranged child, sibling, or parent inherits the same share as a close family member — intestate law doesn’t honor a wish to disinherit.
- Minor children: A court-supervised trust may be required to manage a minor’s inherited share until age 18.
- Unequal needs: All children receive identical shares regardless of special needs or financial circumstances.
Why a Will Avoids These Problems
A will lets you:
- Choose who inherits, and in what amounts.
- Provide for an unmarried partner.
- Disinherit an estranged relative, if desired.
- Create trusts for minor children or family members.
- Name a trusted personal representative instead of a court-appointed administrator.
- Reduce the risk of family conflict by stating your wishes clearly.
Estate planning doesn’t have to be overwhelming. Our job at Henry & McCord is to guide you through each decision. During an initial consultation, we review your assets, potential complications, and your goals, so your heirs and beneficiaries can resolve your estate promptly and according to your intentions.
This article is a general summary for planning purposes and does not constitute legal advice for any specific estate. Contact us to discuss which options fit your circumstances.