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What is Intestate Succession?

Intestate succession refers to the process of estate administration when a person dies without a will. If a person has no will, then Tennessee law on intestate succession controls. Tennessee law on intestate succession, codified at Tenn. Code Ann. §31-2-104 identifies who inherits in such a situation. The first person to inherit is the surviving spouse. If the decedent dies intestate (without a will), the surviving spouse receives the estate if there are no surviving children. If a decedent has surviving children, then the surviving spouse receives a third of the estate and or a share equal to the decedent’s issue (children) — whichever is greater.

But, if there is no surviving spouse, the estate is divided amongst the decedent’s children (and often grandchildren). Other interested parties — if there is no surviving spouse or issue – could be the decedent’s parents, brothers or sisters, or other more distant relatives.
Tennessee law on intestate succession has some complexity.

If you feel you are a surviving family and the decedent dies intestate in Wilson County, you may well want to consult with the experienced attorneys at McBrien Armistead Law Group to explain the process and ensure your interests are appropriately protected.

Thank you for reading!