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Tennessee Intestacy Laws
These are selections from the Tennessee intestate
succession statutes,
which may be found in full by selecting
this link. (Title
31 Descent And Distribution, Chapter 2, Intestate Succession)
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31-2-104. Share of surviving spouse and heirs.
(a) The intestate share of the surviving spouse is:
(1) If there is no surviving issue of the decedent, the entire intestate estate;
or
(2) If there are surviving issue of the decedent, either one-third (1/3) or a
child's share of the entire intestate estate, whichever is greater.
(b) The part of the intestate estate not passing to the surviving spouse under
subsection (a) or the entire intestate estate if there is no surviving spouse,
passes as follows:
(1) To the issue of the decedent; if they are all of the same degree of kinship
to the decedent they take equally, but if of unequal degree, then those of more
remote degree take by representation;
(2) If there is no surviving issue, to the decedent's parent or parents equally;
(3) If there is no surviving issue or parent, to the brothers and sisters and
the issue of each deceased brother and sister by representation; if there is no
surviving brother or sister, the issue of brothers and sisters take by
representation; or

(4) If there is no surviving issue, parent, or issue of a parent, but the
decedent is survived by one or more grandparents or issue of grandparents, half
of the estate passes to the paternal grandparents if both survive, or to the
surviving paternal grandparent or to the issue of the paternal grandparents if
both are deceased, the issue taking equally if they are all of the same degree
of kinship to the decedent, but if of unequal degree those of more remote degree
take by representation; and the other half passes to the maternal relatives in
the same manner; but if there be no surviving grandparent or issue of
grandparent on either the paternal or maternal side, the entire estate passes to
the relatives on the other side in the same manner as the half.
31-2-106. Representation.
If representation is called for by this title, such representation shall be per
stirpes.
31-2-107. Kindred of half blood.
Relatives of the half blood inherit the same share they would inherit if they
were of the whole blood.
31-2-110. Escheat.
If there is no taker under the provisions of this chapter, the intestate estate
shall escheat to the state of Tennessee under the provisions of chapter 6 of
this title.
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