In our last legal tip, we talked about what to do when someone dies without a will (Intestate). In this legal tip we will talk about heirs at law and lead into the Affidavit of Heirship.

If you do not have a valid will, the state has made one for you – the laws of intestate succession. An heir at law is defined as a person who is legally entitled to the property of another after that person’s death.

Tennessee law clearly states who has a right to the property if there is no will. This law is known as the law of intestate succession.

The heirs at law of the deceased are as follows:

1. First it goes to their spouse and children. The Spouse is entitled to 1/3^rd of the estate or a child’s share – whichever is greater. The rest of the estate is split evenly among the children.
2. If a child predeceases them then that child’s share would go to the grandchildren.

If none of the above are alive to inherit then contact an estate attorney to help you sort through the estate.

In our next legal tip we will take your new knowledge of heirs and use them in an Affidavit of Heirship.