Intestate Deaths, Heirs and Real Estate – When is Probate Required?

Losing a loved one is always difficult. When they die without a will, things can get even more complicated - especially when real estate is involved. If you or your family are facing this situation, it’s important to understand how the law treats real estate, how heirs are identified, and when you might need a probate. 

Keep reading to learn more about the basics and what to do next with a Nashville probate lawyer. 

What Does “Intestate Death” Mean?

An intestate death simply means the decedent died without leaving a valid will. In Tennessee, when someone dies without a will, their assets that pass through probate will be distributed under the state’s intestate succession laws. It’s helpful to think of three categories of property: 

• Property that passes by non-probate mean 
• Property that is subject to the probate process
• Real estate that may fall into either category depending on how it’s titled

Because real estate is often one of the largest assets someone owns, it frequently becomes a focal point in intestate deaths. 

Who Becomes an Heir Under Tennessee Intestacy Laws?

When someone dies intestate in Tennessee, the law determines who inherits based on surviving family members and the type of assets. Here’s a basic breakdown: 

• If there is a surviving spouse but no descendents, the spouse inherits everything. 
• If there are children but no spouse, the children inherit everything.
• If there is both a spouse and descendants, the spouse receives either one-third of the estate or the child’s share of the estate, whichever is greater, and the balance goes to the children.
• If there is no spouse or descendents, the estate passes to parents, then siblings, then more remote relatives. 

For property such as real estate, the title, how the property is held, and whether there was a will all matters. A Nashville probate attorney can sort through the details and figure out who the rightful heirs are. 

When Is Probate Required for Real Estate in Tennessee?

One of the most common questions is whether you always need probate when there’s real estate and no will. Here are some of the key factors: 

When Probate Is Likely Required

• Real estate is owned solely in the decedent's name, and there is no mechanism to transfer it automatically. 
• Title to the real estate is clouded. 
• Heirs cannot agree on how to transfer or divide the real estate. 
• The estate has debts, or the property must be sold to pay them. 
• The decedent's name is still on the deed, and it must be cleared. 

In these cases, a probate court may open an estate, appoint an administrator, collect and value the assets, pay liabilities, and then distribute the real estate under the intestate rules or as the will directs. 

When Probate Might Not Be Required

• The real estate was owned with the right of survivorship, so the surviving co-owner automatically becomes the owner. 
• The decedent placed the property in a living trust with the successor trustee, making the transfer outside probate. 
• The property was transferred to a beneficiary by deed or other non-probate method. 
• The value of assets is very small. 

Because so many factors apply, the involvement of a Nashville probate attorney is highly advisable to determine whether formal probate is required, or if a simpler transfer can be achieved. 

Rochford Law & Real Estate Title: Nashville Probate Attorney 

If you are dealing with an intestate death and real estate in the Nashville area, you may want to consider reaching out to us at Rochford Law & Real Estate Title. Our firm combines a strong real estate focus with probate services. We offer a free consultation so you can understand your options, timelines, and what steps you may need to take.

Don’t let uncertainty linger. If you’re facing the loss of a loved one and they left real estate behind without a will, give us a call at Rochford Real Estate & Title.