Having a last will and testament is one of the most important things you can do for your loved ones. It legally establishes your wishes, ensuring that they are carried out when you pass away. While you can do probate without a will in Sullivan County, TN, and throughout the state, the process can become much more complicated for those you leave behind.
Estates can enter probate without a will in Sullivan County, TN. Any exclusive property owned by the decedent will go to their surviving spouse and children. How the assets are distributed will depend on the size of the estate. If there is no spouse or descendants, the state will work out from immediate family to distant relatives to find the beneficiaries.
You Can Probate Without a Will in Tennessee
Probate is the legal process by which assets are distributed to heirs and beneficiaries after a person dies. Assuming the decedent had a valid will and testament upon their passing, the probate process would move forward as normal. The executor would go to probate court and pay any debts and taxes. The remaining assets would be distributed among family members and other beneficiaries.
Probate without a will works a bit differently. This is known as dying intestate and requires intestate succession laws in order to move forward. In the case of dying intestate, the events following a person’s passing depend on who owns their property and who the survivors are.
Tennessee breaks up an estate based on who owns the property as follows:
- Exclusive property
- Joint property
- Trust property
Exclusive property is any estate assets solely owned by the decedent. This is the only property that state intestacy laws have any control over.
Joint property is anything that is co-owned by someone besides the decedent, such as a surviving spouse or business partner. This type of property is covered by survivorship rights instead of intestacy laws and goes to the joint property owner.
Trust property is any property that was put into a trust with a named beneficiary. Since this property is already going to someone else, it is not covered by Tennessee intestacy laws.
How Property Is Distributed Among Beneficiaries
Once a decedent’s exclusive property has been established, it is then time to determine how their property will be divided among a surviving spouse, dependents, and other beneficiaries. This can work in different ways depending on the surviving heirs.
- Surviving spouse but no children
- Spouse and children, if there are children
- Parents
- Siblings
If there is a surviving spouse but no children, then the spouse will inherit the total probate estate.
The children equally inherit the total probate estate if there are children but no surviving spouse. Cases where a child dies before the decedent is known as per stirpes, which means that the assets pass on to the descendent of the intended beneficiary.
Situations involving a surviving spouse and children are a bit more complex. The spouse will inherit one-third of an estate or a child’s equal share—whichever is the greater amount. The children receive an equal inheritance of the remaining difference of the estate.
Learn who is included in the parties of an estate.
Examples of a Surviving Spouse and Children
It can help to have a couple of examples for the third option.
Example 1
In this scenario, consider a decedent with an estate worth $300,000 along with a spouse and three children. In this case, the spouse would inherit one-third of the estate totaling out to $100,000. The three children would inherit equal shares of the remaining $200,000, giving them about $66,000 each.
Example 2
Let’s say that a decedent leaves behind the same amount as the first example. If they have a spouse and only one child, the surviving spouse will receive whatever the bigger share would be. One-third would be $100,000, but that would be less than the child’s share of $150,000. Tennessee intestacy laws would dictate that the spouse receive the $150,000 instead.
How Property is Distributed Without a Spouse or Descendants
As with a decedent leaving behind beneficiaries, there are certain factors to consider if a decedent passes without having any. In these cases, the state will probate without a will based on certain criteria. The state of Tennessee will begin with spouses and descendants, gradually widening its search for more distant relatives until someone is found to inherit the estate.
An estate will automatically go to their spouse or descendants. If there aren’t any, but their parents are still alive, then the estate will go to them in equal shares. If no parents are alive then the probate estate goes to the siblings.
Nieces and nephews are the next option if a decedent outlived their siblings. If there are none, it goes to the closest surviving cousin or cousins. In cases where there are no surviving family, the state of Tennessee will inherit the probate estate.
The Importance of Hiring a Probate Lawyer in Sullivan County, TN
Ideally, a decedent will have prepared a will well in advance. This isn’t always the case, unfortunately, and can make the probate process difficult for their family. An experienced probate lawyer can help navigate these complications by filing petitions and performing other important duties such as managing debt claims filed against the estate.
Do you need help drafting a will in Tennessee? Contact us today to schedule your free consultation!
You can complete the probate process without a will in Sullivan County, TN. The state will take on the role of executor, dispersing assets solely owned by the decedent to their spouse and children. This will be based on the size of the estate. In the event that there is no spouse or children, the state of Tennessee will broaden its search from immediate to distant relatives.
At Johnson, Murrell, & Associates, we understand that handling a loved one’s estate and bills after their passing is an emotional, stressful experience. Our job is to make your life easier, which means guiding you through the process so you understand what’s to come. To schedule a consultation, call us at 865-453-1091 or schedule an appointment.
