What to Do When a Loved One Dies Without a Will in Tennessee

Most people don’t want to think about writing a will. It feels like something that can wait. Something to deal with someday. But the truth is, most people in Tennessee, and across the

country, die without one. When that happens, families are often left with more questions than answers and more stress than support.

If you’ve recently lost someone and discovered they didn’t have a will, you're not alone. And while you may be grieving, there are also important legal steps that now need to be taken, whether you feel ready or not.

What Happens After Dying Without a Will

In Tennessee, when someone dies without a will, they are considered to have died “intestate.” This means the state has to decide what happens to their assets, belongings, and even the guardianship of minor children. That decision process isn’t based on what the person may have said out loud, what they scribbled in a notebook, or what family members believe they would have wanted. It follows a strict order based on law, not personal wishes.

For example, if a married person dies without a will and has children, the spouse doesn’t automatically inherit everything. Instead, the estate is usually divided between the spouse and the children. That can lead to unexpected complications, especially if the children are from a previous relationship. If someone dies without a spouse or children, their estate typically goes to their parents, then siblings, and so on. The process gets more complicated the further the court has to find heirs.

What Families Have to Do

When a loved one dies without a will in Tennessee, the family must open a probate case in court. The court will appoint an administrator to handle the estate. That administrator is often a family member, but not always. They will need to inventory all assets, notify creditors, pay outstanding debts and taxes, and then distribute what remains to the legal heirs.

This process can take months, sometimes longer. It also opens the door to confusion, frustration, and disputes between surviving relatives. Without clear direction, even the closest families can find themselves in arguments over what should go to whom, what to do with property, or how to handle personal items with sentimental value.

What If There’s No Immediate Family?

Sometimes a person dies without a will and has no spouse, no children, no parents, and no known relatives. In that case, the state of Tennessee steps in. The state will attempt to locate any extended family members. If no one is found, all remaining property eventually goes to the state itself. This includes homes, bank accounts, vehicles, and any other assets. While rare, it does happen.

It’s a heartbreaking situation because there may have been friends, neighbors, or loved ones outside the legal family who were close to the person, but without a will, they have no legal right to receive anything.

Why You Need a Will

Many people believe that a will is about dividing up assets, but it is more than that. Having a will is about sparing your family the burden of making difficult choices without knowing what you wanted. It’s also about protecting children, avoiding unnecessary court fees, and making sure the people you love are taken care of in the way you intended.

A will allows you to name someone you trust to handle your estate, to give specific items to specific people, and to name guardians for your children or pets. It helps reduce conflict, delays, and legal costs. It brings clarity during a time that is often filled with uncertainty.

For example, if you want your niece to have your grandmother’s wedding ring, that can be written into your will. Without that written direction, someone else may legally inherit it, even if that was never your intention. The same goes for charitable gifts, personal belongings, family heirlooms, and even who takes care of your dog.

Why You Should Work With an Elder Law Attorney

It’s tempting to use an online form or a do-it-yourself template, but those options often don’t cover all the bases, especially in Tennessee where specific laws and filing procedures apply. Working with an elder law attorney ensures that your will is legally sound and reflects your wishes in full.

An elder law attorney can also help you create other important documents like powers of attorney, advance health care directives, and trusts. These are tools that can protect you while you’re living, not just after you’re gone. These are the conversations that most people avoid, but the peace of mind they bring is worth every moment spent preparing.

Plan With Johnson McGinnis Elder Care Law & Estate Planning

At Johnson McGinnis Elder Care Law & Estate Planning, we help individuals and families across Tennessee prepare for the expected and the unexpected. If someone you love has died without a will, or if you know it’s time to put your own plans in place, we’re here to guide you through it.

There’s no judgment, no pressure, and no confusing legal speak, just clear, compassionate help from a team that understands how much this matters. Reach out and let's start the conversation. Your peace of mind begins now.