About Tennessee,
Tennessee is an opt-in community property state. By default it operates under common law rules, but married couples who created a community property agreement or trust will follow different rules for asset classification.
Without a will, Tennessee intestate law (Tenn. Code Ann. § 31-2-104) determines your share. The small-estate threshold is $50,000, and typical probate takes 6-12 months.
Tennessee does not impose a state estate tax or inheritance tax, so your exposure is limited to federal estate tax rules if applicable.
Property & Intestate Rules
How Tennessee classifies marital property and what a surviving spouse typically receives if there is no will.
How Tennessee Classifies Marital Property
Opt-In Community Property via Tennessee Community Property Trust Act (Tenn. Code Ann. § 35-17).
What a Surviving Spouse Typically Receives
| Scenario | Typical Spousal Share |
|---|---|
| No children | Entire estate |
| Children from marriage | One-third (1/3) or a child's share of the entire intestate estate, whichever is greater. |
| Children from prior relationship | One-third (1/3) or a child's share of the entire intestate estate, whichever is greater. |
10% of the net estate for marriages less than 3 years, 20% for 3-6 years, 30% for 6-9 years, and 40% for 9 or more years.
Deadline to File
- Tennessee filing window
- 9 months from date of death
Home Protections for Surviving Spouses
The homestead exemption is up to $35,000 for an individual, or $52,500 for joint owners. The exemption benefits the surviving spouse and minor children as long as they use the property as their principal residence. The home is protected from creditors, but not from debts for purchase money, improvements, or taxes (Tenn. Code Ann. § 26-2-301).
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Create a Memorial SongProbate, Taxes & Deadlines
What qualifies for small-estate handling, how long probate often takes, and whether state tax systems apply.
| Field | Details |
|---|---|
| Small-estate threshold | $50,000 |
| Typical probate timeline | 6-12 months |
| State estate tax | No |
| State inheritance tax | No |
| Tax notes | Tennessee does not have a state estate tax or an inheritance tax. |
Deadlines You Cannot Afford to Miss
Tennessee-Specific Rules
Dower and Curtesy rights were abolished in 1977. Tennessee recognizes Tenancy by the Entirety, a form of joint ownership with right of survivorship for married couples.
Tennessee Legal Help Resources
Starting points for legal aid, court self-help, and local attorney referrals.
Need the full 50-state overview first? Visit the State-by-State Survivor Benefits Guide hub page.
Frequently Asked Questions
Common legal questions widows ask in Tennessee.
- Is Tennessee a community property state?
- Tennessee is classified as Opt-In Community Property. Opt-In Community Property via Tennessee Community Property Trust Act (Tenn. Code Ann. § 35-17).
- What does a surviving spouse inherit without a will in Tennessee?
- No children: Entire estate With children: One-third (1/3) or a child's share of the entire intestate estate, whichever is greater. Stepchildren or children from a prior relationship: One-third (1/3) or a child's share of the entire intestate estate, whichever is greater.
- What is the elective share right in Tennessee?
- 10% of the net estate for marriages less than 3 years, 20% for 3-6 years, 30% for 6-9 years, and 40% for 9 or more years. Deadline: 9 months from date of death
- What is the small-estate threshold in Tennessee?
- $50,000. Typical probate timeline: 6-12 months
- Does Tennessee have estate tax or inheritance tax?
- Estate tax: No. Inheritance tax: No. Tennessee does not have a state estate tax or an inheritance tax.
- What deadlines matter most for widows in Tennessee?
- Elective Share: 9 months from date of death; Probate Filing: No strict deadline, but recommended to start as soon as possible.
Legal Disclaimer
This guide is informational only and not legal advice. Laws and threshold amounts can change. Confirm your situation with a licensed estate attorney in Tennessee.
For Widows
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Related Resources
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