Elective Share in Tennessee
State-specific overview · Estate & Probate
Tennessee grants a surviving spouse one-third of the estate if children exist, or one-half if no children, with a nine-month election deadline.
How Tennessee treats Elective Share
Tennessee law provides a surviving spouse the right to elect a statutory share in place of any provision in the will. The share is one-third of the net estate if the deceased had surviving children, and one-half if childless. The surviving spouse must file the election within nine months after the death or lose the right. This elective share applies to both real and personal property and overrides testamentary provisions that would give the spouse less.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Tennessee.