Inherited a House With No Will in Tennessee

Under Tennessee law, when there's no will, real estate vests in the heirs at death (T.C.A. § 31-2-103). Nobody has to "receive" the house through a court order for the heirs to own it. But the heirs still need to prove who they are before a title company will insure a sale, and the estate still has to be settled.

The order is set out in T.C.A. § 31-2-104:

• Spouse, no children or other descendants: the spouse inherits everything.
• Spouse and children: the spouse gets one-third or a child's share, whichever is greater. The children split the rest equally.
• Children, no spouse: the children inherit everything in equal shares. If a child died earlier and left children of their own, those grandchildren generally take their parent's share.
• No spouse or descendants: the parents inherit equally.
• No spouse, descendants or parents: brothers and sisters inherit, with the children of a deceased sibling taking that sibling's share.
• None of the above: the estate is split between the grandparents' sides of the family, half to the paternal side and half to the maternal side.

Two examples

A spouse and three children: a child's share would be one-quarter, so the spouse takes the greater amount, one-third. The three children split the remaining two-thirds, about 22.2% each.

A spouse and one child: a child's share would be one-half, which is more than one-third, so the spouse and the child each take half.

These shares apply to the whole intestate estate, so in practice the house is often owned by several people at once. That's where most of the complications start.

When several heirs inherit, they usually own the house together, each with an undivided share. Nobody owns "the upstairs." That means a sale generally needs everyone's signature, or a court-appointed administrator with authority to sell, or a court order.

If co-owners can't agree, Tennessee lets any co-owner ask a court for partition, which divides the property or orders it sold and splits the proceeds (T.C.A. § 29-27-101). That's slow and expensive, so it's usually a last resort. Our post on what happens when multiple heirs inherit a house in Tennessee goes deeper.

Without a will, there's no document naming beneficiaries, so heirs prove their relationship another way. Common tools:

• Letters of Administration. Someone petitions the court to be appointed administrator. The petition must list each heir with their relationship to the decedent (T.C.A. § 30-1-117). The court's letters then show who's in charge of the estate.
• Affidavit of heirship. A sworn statement, often recorded, identifying the decedent's heirs. Title companies frequently ask for one (T.C.A. § 30-2-712).
• Vital records. Birth, marriage and death certificates that establish the family tree.

Within 60 days after taking on the administration, an administrator must send each residuary heir a copy of the letters of administration and file an affidavit with the court that they did (T.C.A. § 30-2-301).

In Davidson County, intestate estates are opened in the Seventh Circuit Court, Probate Division (Davidson County Probate Court Clerk). Other counties use Chancery Court or a separate probate court; see the Tennessee probate process for the county list.

Not always, but often. If the estate has open matters to settle, or the heirs can't all agree and sign, an administration gives someone clear authority. If the estate is simple and every heir is cooperative and reachable, some families sell by having all heirs sign the deed with an affidavit of heirship, depending on what the title company requires.

Tennessee's small estate process won't help with the house, since it covers personal property only (T.C.A. § 30-4-102).

• One heir buys out the others. Works if someone wants the house and can pay the others their share.
• Keep it in the family. Possible, but put everything in writing: who manages it, who pays the taxes and upkeep, and how costs are shared.
• List it. Requires every owner (or the administrator) to sign, plus repairs, cleaning and showings.
• Sell as-is for cash. Smith Home Buyer buys inherited houses across Middle Tennessee as-is: no repairs, no cleanout, no showings, no commissions, and a closing date you pick. Many out-of-state heirs sign remotely through the title company. A cash offer is typically below full retail price; what you give up in price, you save in fees, repairs, holding costs and time. See how it works.

Who inherits a house in Tennessee if there's no will?

It depends on who survives. A spouse with no descendants inherits everything. A spouse and children share it, with the spouse getting the greater of one-third or a child's share. With no spouse, children inherit equally (T.C.A. § 31-2-104).

Do stepchildren inherit without a will in Tennessee?

The intestacy statute is written in terms of the decedent's "issue," spouse and blood relatives. Whether a particular stepchild, adopted child or child born outside marriage qualifies can depend on specific facts and other statutes, so confirm with the court or title company.

Can one heir sell the house without the others?

Generally, no. Each heir owns a share. A sale typically needs every owner's signature, an administrator with authority to sell, or a court order.

Do we need probate if there's no will?

Often, but not always. It depends on the estate, whether all heirs agree and what the title company requires to insure a sale.

Sorting out heirs takes patience. When the family's ready to talk numbers, get your free cash offer: tell us about the property. No obligation, no fees, no repairs. Or read our FAQ first.