What happens to a Tennessee estate if there is no will and there are no beneficiaries provided for under the intestate succession statute found in T.C.A. § 31-2-104?

Posted on Aug 26 2013 3:31PM by Attorney, Jason A. Lee

Tennessee law provides that the State of Tennessee takes the entire estate if someone dies intestate (without a will) and there are no heirs under intestate succession rules found in T.C.A. § 31-2-104.  Specifically, T.C.A. § 31-2-110 provides as follows:


If there is no taker under this chapter, the intestate estate shall escheat to the state of Tennessee under the provisions of chapter 6 of this title.


This basically means the State of Tennessee will get all of your assets and possessions if you die without a will and there are no lawful heirs under Tennessee intestate succession statutes.  This is another reason why it is very important to have a will so that even if you do not have heirs under the statutes, the State of Tennessee would not acquire everything you own at your death.  This is exactly what will happen unless you take steps to leave your possession to a friend, church, non-profit organization or some other person or entity of your choice.  Very few people would intentionally leave all of their possessions and property to the State of Tennessee if they knew that is what would occur at their death.


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TAGS: Intestate, Intestate Succession, Probate Assets, Tennessee Probate Law
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Jason A. Lee is a Member of Burrow Lee, PLLC. Contact Jason at 615-540-1004 or jlee@burrowlee.com for an initial consultation on wills estate planning and probate issues.

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Tennessee Wills and Estates Blog
Jason A. Lee, Member of Burrow Lee, PLLC
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Phone: 615-540-1004
E-mail: jlee@burrowlee.com