Tennessee Code Annotated
Tenn. Code Ann. § 20-5-110 (2026)
Action for death of spouse
✓ current as of May 2026
- (a) A suit for the wrongful killing of the spouse may be brought in the name of the surviving spouse for the benefit of the surviving spouse and the children of the deceased, in the name of the administrator of the deceased spouse or in the name of the next of kin of the spouse.
- (b) The surviving spouse may effect a bona fide compromise in such a suit or right of action and may execute a valid release that shall be binding upon all the children of the deceased or next of kin of the deceased.
- (c)
- (1) Notwithstanding any other law to the contrary, the right to institute and the right to collect any proceeds from a wrongful death action granted by this section to a surviving spouse shall be waived, if the children or next of kin establish the surviving spouse has abandoned the deceased spouse as described in § 36-4-101(a)(13) or otherwise willfully withdrawn for a period of two (2) years.
- (2) If the period of two (2) years has passed since the time of abandonment or willful withdrawal then there is created a rebuttable presumption that the surviving spouse abandoned the deceased spouse for purposes of this section.
- (3) In an action under this section, the child or next of kin shall serve the surviving spouse with process as provided in the Tennessee Rules of Civil Procedure or by constructive service as may otherwise be provided by law.
- (4) A release entered into pursuant to this section by the surviving spouse shall be binding as provided in subsection (b), unless a copy of an order finding waiver of rights pursuant to this section was served or delivered to the released parties prior to the execution of the release or distribution of funds, whichever occurs first. However, a court of competent jurisdiction, upon motion of the children or next of kin, may grant injunctive relief after notice to the released parties and to the surviving spouse. The party or parties seeking the release shall not be required to answer or otherwise defend any such action.
Acts 1897, ch. 86, § 2; Shan., § 4029a2; mod. Code 1932, §8239; Acts 1953, ch. 210, § 2; 1975, ch. 284, § 4; T.C.A. (orig. ed.), § 20-611; Acts 1981, ch. 250, §1; 2011 , ch. 366, § 3.
Notes of Decisions
Cited in 27
cases (5 in the last 5 years), 1984–2025 · leading case: Rains v. Bend of the River, 124 S.W.3d 580 (Tenn. Ct. App. 2003).
Rains v. Bend of the River, 124 S.W.3d 580 (Tenn. Ct. App. 2003). “§ 20-5-110(a) (1994) which authorizes wrongful death actions to be filed “for the benefit of the surviving spouse and the children of the deceased, or in the name of the administrator of the deceased spouse or in the name of the next of kin of the spouse.” Based on the Tennessee…”
Kline v. Eyrich, 69 S.W.3d 197 (Tenn. 2002). “See Tenn.Code Ann. § 20-5-110(b). Therefore, absent proof of bad faith or lack of diligence in representing their interests, see Busby, 686 S.”
Foster v. Jeffers, 813 S.W.2d 449 (Tenn. Ct. App. 1991). “ond complaint filed by the nephews is not barred by the doctrine of res judicata; (3) because there is no affidavit contradicting the allegation in the complaint that Howard was “acting in his individual capacity and in his capacity as a partner,” the allegation must be taken as…”
Jordan v. Baptist Three Rivers Hosp., 984 S.W.2d 593 (Tenn. 1999). “Moreover, Tenn. Code Ann. § 20-5-110 provides that “a suit for the wrongful killing of the spouse may be brought in the name of the surviving spouse for the benefit of the surviving spouse and the children of the deceased.”
Weathers v. Pilkinton, 754 S.W.2d 75 (Tenn. Ct. App. 1988). “The first count is for the wrongful death of Michael Weathers under our wrongful death statute, Tenn. Code Ann. § 20-5-110 . The second count is for the tort of outrageous conduct and is brought on behalf of Mrs.”
House v. Gibson, 827 S.W.2d 310 (Tenn. Ct. App. 1991). “T.C.A. § 20-5-110 provides in pertinent part as follows: *312 20-5-110.”
Matthews v. Mitchell, 705 S.W.2d 657 (Tenn. Ct. App. 1985). “T.C.A. § 20-5-110 (1984 Supp.) provides: Action for death of spouse.”
Bowman v. City of Memphis, 329 S.W.3d 766 (Tenn. Ct. App. 2010). “Bowman prayed for compensatory and punitive damages for herself and her minor son pursuant to Tennessee Code Annotated §§ 20-5-110 & 113 and § 4-21-701 and pursuant to the GTLA.”
Christopher O'Dneal v. Baptist Mem'l Hosp.-Tipton, 556 S.W.3d 759 (2018). “” Tenn. Code Ann. § 20-5-110 (a). “The surviving spouse may effect a bona fide compromise in such a suit or right of action and may execute a valid release that shall be binding upon all the children of the deceased or next of kin of the deceased.”
Anthony T. Grose, Sr. v. Charles Stone (Tenn. Ct. App. 2024). “at 498 (quoting Tenn. Code Ann. § 20-5-110 (a)). However, “‘[t]he surviving spouse may effect a bona fide compromise in such a suit or right of action and may execute a valid release that shall be binding upon all the children of the deceased or next of kin of the deceased.”
Linda Beard v. James William Branson, 528 S.W.3d 487 (2017). “(citing Tenn. Code Ann. § 20-5-110 (b)). If there is no surviving spouse, then the children have priority to bring the action; if no children' survive, then the action passes to the decedent’s next of *500 kin.”
Tammy Kline v. Daniel Eyrich (Tenn. Ct. App. 2001). “That right was secured to her by the Tennessee legislature and is found in Tennessee Code Annotated Section 20-5-110, and as a person vested with a statutory right to -5- pursue the wrongful death action for the death of Richard Kline Mrs.”
— Tenn. Code Ann. § 20-5-110(a) — 3 cases
Rains v. Bend of the River, 124 S.W.3d 580 (Tenn. Ct. App. 2003). “§ 20-5-110(a) (1994) which authorizes wrongful death actions to be filed “for the benefit of the surviving spouse and the children of the deceased, or in the name of the administrator of the deceased spouse or in the name of the next of kin of the spouse.” Based on the Tennessee…”
Tammy Kline v. Daniel Eyrich (Tenn. Ct. App. 2001). “That right was secured to her by the Tennessee legislature and is found in Tennessee Code Annotated Section 20-5-110, and as a person vested with a statutory right to -5- pursue the wrongful death action for the death of Richard Kline Mrs.”
Schenk v. McKee (W.D. Tenn. 2023).
— Tenn. Code Ann. § 20-5-110(b) — 6 cases
Kline v. Eyrich, 69 S.W.3d 197 (Tenn. 2002). “See Tenn.Code Ann. § 20-5-110(b). Therefore, absent proof of bad faith or lack of diligence in representing their interests, see Busby, 686 S.”
Foster v. Jeffers, 813 S.W.2d 449 (Tenn. Ct. App. 1991). “ond complaint filed by the nephews is not barred by the doctrine of res judicata; (3) because there is no affidavit contradicting the allegation in the complaint that Howard was “acting in his individual capacity and in his capacity as a partner,” the allegation must be taken as…”
Spicer v. Hilliard, 879 S.W.2d 858 (Tenn. Ct. App. 1994).
Tammy Kline v. Daniel Eyrich (Tenn. Ct. App. 2001). “That right was secured to her by the Tennessee legislature and is found in Tennessee Code Annotated Section 20-5-110, and as a person vested with a statutory right to -5- pursue the wrongful death action for the death of Richard Kline Mrs.”
Merrell v. City of Harriman, Tennessee (TV1) (E.D. Tenn. 2023).
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