Blog

Knoxville Wills Lawyer answers- What Happens If I Die Without A Will?

It is often said that we all have a will. We either choose to create one or the Tennessee laws of intestate succession apply to our estate.  Intestate succession is the statutory method of distributing an estate’s assets that are not disposed of by a will.  Property may pass by intestate succession where: the decedent dies without a will, the decedent’s will is denied probate due to improper execution, or the decedent’s will does not dispose of all of his property resulting in a partial intestacy (usually because the will contains no residuary clause).  If a person dies without a valid will their survivors will face a complicated, time-consuming, and expensive legal process.  With an intestate estate, the probate court must step in to divide up the estate using legal defaults that give property to surviving relatives. Therefore, intestacy may mean that people who would never have been chosen to receive property will in fact be entitled to a portion of the estate. Additionally, state intestacy laws only recognize relatives, so close friends or charities that the deceased favored do not receive anything. If no relatives are found, the estate typically goes to the state government. Intestacy may also pose heavy tax burdens on estate assets. When made aware of the consequences of intestacy, most people prefer to leave instructions rather than subject their survivors and property to government-mandated division.

Intestate succession in Tennessee is applied in the following order: 1) all to spouse if there are no issue; 2) if the spouse and children survive, the spouse takes the greater of a share equal to that of each of the decedent’s children or one third of the net estate- meaning the spouse receives either the same share as the children if it is at least 33% of the estate; 3) if no spouse then to descendants (children) equally; 4) if no spouse or descendants then the estate passes to the decedent’s parents; 5) to brothers and sisters if none of the above (or to the issue of any deceased brother or sister); 6) if none of the above then to grandparents or their issue; 7) if none of the above then the estate escheats to the State of Tennessee.

Be proactive in protecting your family in 2012 and don’t leave your estate to chance. Contact Knoxville Wills Attorney Michael L. Smith today at (865) 777-WILL (9455).