What a Will Actually Does (And What Happens if You Don’t Have One in Tennessee)
Quick Take
Most people know they should have a will, but roughly 60% of Americans die without a will. This means a majority of families could be reliant on state law, not personal choice to determine what happens next.
Without a will, state law decides everything for you. Assets are distributed according to a fixed formula, regardless of your personal relationships or intentions.
One-size-fits-all rules rarely work in the real world. State intestacy laws do not account for blended families, unequal needs, or personal dynamics.
Clarity today prevents complications later. Putting a will in place simplifies the process, reduces stress, and gives your family direction when they need it most.
Most people know they should have a will. But when you ask what a will actually does, the answers tend to get vague, usually something like "it says who gets your stuff" or "it makes things easier for your family." Both of those things are true. Neither tells the full story.
A will is one of the simplest and most powerful tools you have to stay in control, even when you're no longer here. And yet roughly 60% of Americans die without one, leaving their families to rely on state law, not personal choice, to determine what happens next.
What a Will Really Does
At its core, a will is simply a set of instructions, one that answers three of the most important questions your family would otherwise be left figuring out on their own or relying on the state for instructions.
Who gets what?
A will lets you decide who inherits your assets, how they're divided, and whether there's anyone you want to specifically include or exclude. Instead of leaving those decisions to a generic legal formula, you make them based on your own relationships, priorities, and values. Without a will, that ability disappears and the state steps in to decide for you.
Who’s in charge?
A will lets you name an executor, someone you trust to carry out your wishes, pay off debts, manage accounts, and ultimately distribute your assets. It's a meaningful responsibility, and naming the right person makes the entire process considerably easier for your family. Without a will, the court appoints someone to fill that role. It may not be who you would have chosen.
Who will take care of your children?
If you have minor children, this is often the most important question of all. A will lets you name a guardian, someone you trust to step in and raise your kids if something happens to you. It's a deeply personal decision, and one too important to leave to chance or a judge who has never met your family. Without a will, that decision belongs to the court.
What Happens if You Don’t Have a Will in Tennessee?
Dying without a will means dying "intestate." Tennessee law steps in, and a legal formula, not your wishes, determines who inherits your assets, how much each person receives, and who manages your estate. The system is designed to be fair; however, it is not designed to be personal.
How Tennessee divides your estate
The state follows a structured order based on family relationships:
Married with no children: your spouse inherits everything.
Married with children: your spouse receives at least one-third, or an equal share per child, whichever is greater, and the remainder is divided among your children.
Single with children: your children inherit everything in equal shares.
No spouse or children: assets move to your parents, then siblings, then more distant relatives. If no relatives can be identified, the state may ultimately inherit.
What most families don’t expect
Even when the formula produces a reasonable outcome, the process itself creates complications most families aren't prepared for.
The court decides who's in charge. Without a named executor, the court appoints one, possibly a family member you wouldn't have chosen, possibly a neutral third party. Either way, it adds time, cost, and friction.
You lose control over how assets are divided. Tennessee's formula doesn't account for family dynamics, differences in financial need, or the realities of blended families. It applies the same structure to every situation, regardless of how unique yours may be.
Minor children create additional complications. When children inherit directly, the court often appoints someone to manage those assets on their behalf, and in many cases the funds are distributed outright when the child turns 18. For most parents, that's not how they would have wanted things handled.
Probate takes longer and costs more. Without clear instructions, the court must identify heirs, appoint the appropriate parties, and oversee the entire distribution process. That added complexity translates directly into delays and expense.
The Bottom Line
Tennessee's intestacy laws are designed to produce a fair outcome. They are not designed around your life, your relationships, or the way your family actually operates.
A will replaces that generic structure with your own decisions. It tells your family what you wanted, puts the right people in charge, and gives everyone a clear path forward during an already difficult time.
Without one, the state fills in the blanks. With one, you do.
Contact us at 865-584-1850 or info@proffittgoodson.com
DISCLOSURES: The information provided in this letter is for general informational purposes only and should not be considered an individualized recommendation of any particular security, strategy, or investment product, and should not be construed as investment, legal, or tax advice. Proffitt & Goodson, Inc. makes no warranties with regard to the information or results obtained by third parties and its use and disclaims any liability arising out of, or reliance on the information. The information is subject to change and, although based on information that Proffitt & Goodson, Inc. considers reliable, it is not guaranteed as to accuracy or completeness. Source information is obtained from independent financial data suppliers (Interactive Data Corporation, Morningstar, etc.). The Market Categories illustrated in this Financial Market Summary are indexes of specific equity, fixed income, or other categories. An index reflects the underlying securities in a particular selection of securities picked due to a particular type of investment. These indexes account for the reinvestment of dividends and other income but do not account for any transaction, custody, tax, or management fees encountered in real life. To that extent, these index numbers are artificial and cannot be duplicated in real life due to the necessity of paying those transaction, custody, tax, and management fees. Industry and specific sector returns (technology, utilities, etc.) do not account for the reinvestment of dividends or other income. Future events will cause these historical rates of return to be different in the future with the potential for loss as well as profit. Specific indexes may change their definition of particular security types included over time. These indexes reflect investments for a limited period of time and do not reflect performance in different economic or market cycles and are not intended to reflect the actual outcomes of any client of Proffitt & Goodson, Inc. Past performance does not guarantee future results.