Tennessee Code Annotated

Tenn. Code Ann. § 30-2-101 (2026)

Right of surviving spouse and minor children to specific property

✓ current as of May 2026

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(a)
- (1) The surviving spouse of an intestate decedent, or a spouse who elects against a decedent's will, is entitled to receive from the decedent's estate the following exempt property having a fair-market value (in excess of any indebtedness and other amounts secured by any security interests in the property) that does not exceed fifty thousand dollars ($50,000):
  - (A) Tangible personal property normally located in, or used in or about, the principal residence of the decedent and not used primarily in a trade or business or for investment purposes, and
  - (B) A motor vehicle or vehicles not used primarily in a trade or business.
- (2) If there is no surviving spouse, the decedent's unmarried minor children are entitled as tenants in common only to exempt property as described in subdivision (a)(1)(A). Rights to this exempt property are in addition to any benefit or share passing to the surviving spouse or unmarried minor children by intestate succession, elective share, homestead or year's support allowance.

(b) Where a deceased dies intestate, leaving a surviving spouse, until letters of administration are granted, the surviving spouse may take into possession and make use of any crop then growing and of the provisions on hand as may be necessary for the support of the surviving spouse and family; the surviving spouse may also use the stock, implements and plantation utensils for the purpose of completing, securing and selling the crop.

(c) The surviving spouse or other custodian of unmarried minor children shall apply for the property named in this section before it is distributed or sold, but the property so delivered shall in no case be liable for the payment of claims against the estate. If the surviving spouse or unmarried minor children do not receive the property allowed under this section and the property is sold by executor or administrator, the court shall order the money to be paid to the surviving spouse or unmarried minor children at any time before the money is paid out for claims or distributed.

(d) Any action to set aside the property designated in this section shall be brought within the limits set by § 31-4-102.

Acts 1967, ch. 146, § 1; 1969, ch. 135, §§ 1, 2; T.C.A., §§ 30-801, 30-802; Acts 1985, ch. 140, § 9; 1997, ch. 426, § 3; 1999, ch. 491, § 1.

Notes of Decisions

Cited in 16 cases, 1986–2019 · leading case: In Re Est. of Jones, 183 S.W.3d 372 (Tenn. Ct. App. 2005).

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In Re Est. of Jones, 183 S.W.3d 372 (Tenn. Ct. App. 2005). · cites it 2× “, Tenn.Code Ann. §§ 30-2-101(d) & 30-2-102(g) (2001).”

Cantrell v. Est. of Cantrell, 19 S.W.3d 842 (Tenn. Ct. App. 1999). · cites it 2× “See Tenn.Code Ann. § 30-2-101 (exempt property); TenmCode Ann.”

Phipps v. Watts, 781 S.W.2d 863 (Tenn. Ct. App. 1989). · cites it 3× “§ 31-4-101 are the exemptions referred to in the probate code, Tenn.Code Ann. § 30-2-101 (1988). That section provides that certain items of personal property of an estate shall become the absolute property of a “surviving spouse, or, if none, the unmarried minor children of an…”

In re: Est. of Harold Jenkins, 8 S.W.3d 277 (Tenn. Ct. App. 1999). · cites it 2× “We disagreed, finding that these exemptions include only the items of personal property listed in section 30-2-101. See id. We recognized, however, that there are some circumstances under which life insurance proceeds should not be included in the decedent’s net estate, stating…”

In Re Est. of Soard, 173 S.W.3d 22 (Tenn. Ct. App. 2005). · cites it 2× “] § 30-2-101, Sarah Soard is entitled to $37,848.”

Clayton v. Morris, 104 S.W.3d 855 (Tenn. Ct. App. 2002). · cites it 2× “Consequently, surviving spouse is entitled to no further compensation under T.C.A. § 30-2-101. Whether surviving spouse’s elective share must be offset by property passing outside the Estate.”

Uhrig v. Pulliam, 713 S.W.2d 649 (Tenn. 1986). · cites it 2× “These are rights to exempt property, T.C.A. § 30-2-101, to a year’s support, T.”

In Re: Est. of Mary A. Grass (Tenn. Ct. App. 2008). · cites it 16× “” Tenn. Code Ann. § 30-2-101 (a)(1). However, property held by a husband and a wife is presumed to be held by the entirety, and the laws of descent and distribution do not apply to property held as tenants by the entirety.”

In Re Est. of Margaret Owens Bush Baker (Tenn. Ct. App. 2019). · cites it 6× “(See Tenn. Code Ann. § 30-2-101 and Tenn. Code Ann.”

In Re Est. of Billy Joe Kerby (Tenn. Ct. App. 2019). · cites it 2× “”); see also Tenn. Code Ann. §§ 30-2-101 (d); -102(g); and 204(b) (referring to the time limits set by Section 31-4-102(a)(1)).”

In Re: Est. of Frank Soard (Tenn. Ct. App. 2004). · cites it 3× “We specifically hold that the language of subsection (c) was not intended to include, and does not include, the statutory entitlements set forth in Tenn. Code Ann. §§ 30-2-101 (2001), 30-2-102 (2001), and 30-2-209 (2001).”

Roger Clayton Morris v. Lola Jane Morris (Tenn. Ct. App. 2002). · cites it 2× “Consequently, surviving spouse is entitled to no further compensation under T.C.A. § 30-2-101. Whether surviving spouse’s elective share must be offset by property passing outside the Estate.”

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— Tenn. Code Ann. § 30-2-101(a) — 1 case

In Re: Est. of Mary A. Grass (Tenn. Ct. App. 2008). “” Tenn. Code Ann. § 30-2-101 (a)(1). However, property held by a husband and a wife is presumed to be held by the entirety, and the laws of descent and distribution do not apply to property held as tenants by the entirety.”

— Tenn. Code Ann. § 30-2-101(a)(1) — 2 cases

Est. of Marion English Truett (Deceased) (Tenn. Ct. App. 1997).

— Tenn. Code Ann. § 30-2-101(d) — 2 cases

In Re Est. of Jones, 183 S.W.3d 372 (Tenn. Ct. App. 2005). “, Tenn.Code Ann. §§ 30-2-101(d) & 30-2-102(g) (2001).”

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