Tennessee Surviving Spouse Rights & the Elective Share
Tennessee protects a surviving spouse with exempt property up to $50,000 (T.C.A. § 30-2-101), a year's support allowance (T.C.A. § 30-2-102), a homestead right (T.C.A. § 30-2-201), and an elective share — a percentage of the net estate the spouse can claim instead of what a will leaves, on a sliding scale by length of marriage: 10% (under 3 years), 20% (3 to under 6), 30% (6 to under 9), and 40% (9 years or more) (T.C.A. § 31-4-101). The dollar figures and percentages should be confirmed as current.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Talk to a Tennessee attorney about your specific situation.
Tennessee law gives a surviving spouse several protections — even when a will tries to leave them little or nothing. These rights apply during the probate of the estate.
Exempt property
A surviving spouse can claim exempt property up to $50,000 in value (T.C.A. § 30-2-101) — certain estate property set aside for the spouse.
Year’s support allowance
The spouse is also entitled to a year’s support — an allowance for maintenance during the year after death (T.C.A. § 30-2-102), to help cover living expenses while the estate is being settled.
Homestead right
Tennessee also recognizes a homestead right for the surviving spouse (T.C.A. § 30-2-201).
The elective share
Most significantly, a surviving spouse can take an elective share — a percentage of the net estate claimed instead of what the will leaves — on a sliding scale by length of marriage (T.C.A. § 31-4-101):
| Length of marriage | Elective share |
|---|---|
| Under 3 years | 10% |
| 3 to under 6 years | 20% |
| 6 to under 9 years | 30% |
| 9 years or more | 40% |
Confirm the figures
The $50,000 exempt-property amount and the elective-share percentages come from the cited statutes, but dollar figures and percentages can change. Confirm the current numbers with the court clerk or a Tennessee attorney before relying on them.
Related topics
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Start your free intakeFrequently asked questions
- What protections does a surviving spouse have in Tennessee?
- Several: exempt property up to $50,000 in value (T.C.A. § 30-2-101), a year's support allowance for maintenance during the year after death (T.C.A. § 30-2-102), a homestead right (T.C.A. § 30-2-201), and an elective share against the will (T.C.A. § 31-4-101).
- What is the elective share in Tennessee?
- It lets a surviving spouse claim a percentage of the net estate instead of what a will leaves them. The percentage rises with the length of the marriage: 10% (married under 3 years), 20% (3 to under 6), 30% (6 to under 9), and 40% (9 years or more) (T.C.A. § 31-4-101).
- Are these dollar amounts and percentages current?
- The exempt-property figure ($50,000) and the elective-share percentages come from the cited statutes, but dollar amounts and percentages can change. Confirm the current figures with the court clerk or a Tennessee attorney before relying on them.
Sources
Related guides
- Tennessee Creditor Claims: The 4-Month & 12-Month Bars After notice to creditors, a Tennessee creditor must file its claim by the earlier of four months from first publication (if it got an actual copy at least 60 days before) or 60 days after actually receiving the notice copy (T.C.A. §§ 30-2-306, 30-2-307). Separately, all claims are absolutely barred 12 months from the date of death regardless of notice — except claims for taxes (T.C.A. § 30-2-310).
- Tennessee Personal Representative Duties A Tennessee personal representative (executor or administrator) is a fiduciary who collects and inventories assets, notifies creditors and pays valid debts, files tax returns, and distributes the remaining estate. A will can also be admitted as a 'muniment of title' to establish title without a full administration in appropriate cases (T.C.A. § 32-2-111). Because the representative acts for others, working with a licensed Tennessee attorney is generally expected — confirm with the local clerk.
- Tennessee Small Estate Affidavit: The $50,000 Shortcut Tennessee's Small Estate Probate Act (T.C.A. § 30-4-101 et seq.) lets smaller estates skip a full administration through a simplified affidavit procedure. It is available when the value of the estate does not exceed $50,000 (T.C.A. § 30-4-102), and the affidavit process itself is set out in § 30-4-103. The $50,000 figure should be confirmed as current before relying on it.
- The Tennessee Probate Process: Chancery Court & Letters Tennessee probate is generally handled in the county's chancery court, which has exclusive jurisdiction over wills and estates — unless a county has a separate probate court by local act (a few do, including Davidson and Shelby). The court issues letters testamentary (with a will) or letters of administration (no will), and the personal representative gathers assets, notifies creditors, pays debts, and distributes the estate (T.C.A. § 16-16-201).
- Related area: Estate Planning & Administration in Tennessee