If you reside in Tennessee and die without a will, the distribution of your estate is governed by state law. Tennessee Code (T.C.A. 31-2-104) sets out the rules for which family members would receive your property. Here’s the problem: those rules may or may not reflect what you would have wanted.
If you leave no descendants of your own but were married at the time of your death, then your estate will go to your surviving spouse.
However, if you pass away without a will and are married with children, your entire estate will not pass to your spouse as many clients often request in their will. Instead, your estate would be divided between your spouse and each of your children, with the spouse’s share not to drop below one-third (1/3) of the estate.