In Tennessee does the state automatically step in and distribute the estate of a spouses death even if no one files a claim to it?

No. Heirs do not get anything automatically. If there is property in the name of the decedent alone, someone has to file for probate whether there is a Will or no Will. After that, an executor or personal representative will be court-appointed to inventory the estate, pay all outstanding bills and taxes, and distribute whatever is left to the heirs according to the Will and/or the inheritance laws of the state. If there is no property subject to probate, i.e., property owned in the decedent’s name only, it is not necessary to file for probate. The proceeds from things like life insurance, retirement accounts, items in a Trust, property titled as a “joint tenancy with right of survivorship” or the like, must be applied for, claimed, or documentation provided. Nothing causes a state to act automatically or on its own. There is no mechanism to trigger any state activity. An heir, fiduciary (agent) or some other adult must initiate this action. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com