When an individual dies without a will (intestate) Tennessee statutes govern the distribution of their estate including all of their assets and property. T.C.A. § 31-2-104 provides that if there is a surviving spouse then the distribution is as follows:
(a) The intestate share of the surviving spouse is:
(1) If there is no surviving issue of the decedent, the entire intestate estate; or
(2) If there are surviving issue of the decedent, either one-third (1/3) or a child's share of the entire intestate estate, whichever is greater.
Surviving Spouse only (with no surviving “issue”):
As a result, if there is a surviving spouse with no “issue” from the decedent then the surviving spouse takes the entire estate. The next question is, what does it mean to have surviving “issue” of the decedent? Issue is defined in T.C.A. § 31-1-101 as follows:
(6) “Issue” of a person means all the person's lineal descendants, adopted as well as natural born, of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent contained in this title;
This includes children but it also includes grandchildren (and also others but children and grandchildren are the most common examples of “issue”).
Surviving Spouse with surviving “issue”:
If the decedent had surviving “issue” then the surviving spouse gets a one-third share of the estate or a child's share of the estate, whichever is greater. This means that if there is a surviving spouse and one chi...
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