Decedent had surviving issue: If the decedent had surviving issue, the surviving spouse has the right to the greater of 1/3 of the estate or child’s share. See Tennessee Code, section 31-2-104. To learn more about intestate succession in Tennessee, read Who Are Next Of Kin In Tennessee. Surviving Spouse’s Right To An Elective Share
How is property divided when a person dies intestate in Tennessee?When a person dies intestate (without a valid will stating to whom the decedent’s property is to be distributed) in Tennessee, property can be divided multiple ways depending on the number and types of heirs-at-law, the type of property ownership involved, and whether the decedent has any valid debts.
What happens to property when a person dies?Created by FindLaw's team of legal writers and editors | Last updated February 21, 2018 When a person passes on (the "decedent"), his or her money and property must be legally given to the correct co-owner (s) or heir (s) and his or herdebts must be paid. The things the decedent owned at death are called the estate.
