Passing away without writing a will means passing away intestate. Without a will, your family may be unable to grant your final wishes, and you will be unable to decide who will inherit your estate. It is important to consider what might happen to your assets if you do not write a will before your passing.
What happens to your estate?
In Tennessee, passing away intestate means the probate court will handle the distribution of your estate. State laws prioritize spouses and children, following a succession hierarchy:
- If you have a spouse and no children, your entire estate will go to your spouse.
- If you have a spouse and children, one-third of your estate will go to your spouse while the remainder is split equally among your children.
- If you have children and no spouse, your entire estate will go to your children in equal shares.
However, if you have no spouse or children, the probate court will transfer your probate assets to your parents. If your parents are no longer living, then your estate will go to your siblings instead. If you have no surviving family – cousins, nephews, and nieces included – your probate estate will go to the state. These assets typically include your solely owned real estate, bank accounts, vehicles and personal property.
Planning for the future
Passing away intestate means being unable to decide what happens to your estate posthumously. The state will make those decisions in your stead, prioritizing the distribution of your estate to your spouse and your children. With this in mind, you may want to consider writing a will if you want to decide how to give away your belongings yourself.
Writing a will can be an emotionally exhausting process, especially because doing so means confronting your own mortality. Despite the stress and anxiety that comes with it, outlining your wishes might also provide some peace of mind as you can pass on with the knowledge that your legacy may live on.