Tennessee Code Annotated
Tenn. Code Ann. § 30-2-102 (2026)
Year's support allowance
✓ current as of May 2026
- (a) In addition to the right to homestead, an elective share under title 31, chapter 4, and exempt property, the surviving spouse of an intestate, or a surviving spouse who elects to take against a decedent's will, is entitled to a reasonable allowance in money out of the estate for such surviving spouse's maintenance during the period of one (1) year after the death of the spouse, according to the surviving spouse's previous standard of living, taking into account the condition of the estate of the deceased spouse. The court may consider the totality of the circumstances in fixing the allowance authorized by this section, including assets that may have passed to the spouse outside probate.
- (b) The allowance so ordered shall be made payable to the surviving spouse, unless the court finds that it would be just and equitable to make a division of it between the unmarried minor children. If there is no surviving spouse, the allowance shall be made to the unmarried minor children.
- (c) The court may authorize the surviving spouse to receive any personal property of the estate in lieu of all or part of the money allowance authorized by this section, and in any case where the court makes an allowance in money, the surviving spouse shall be entitled to select and receive any personal property of the estate, of a value not exceeding the allowance in money, which shall be in lieu of and which value shall be credited against the allowance.
- (d) The allowance authorized by this law is the absolute property of the surviving spouse for these uses and shall be exempt from all claims and shall not be taken into the account of the administration of the estate of the intestate or seized upon any precept or execution.
- (e) In determining the amount to be allowed as a year's support, the court may, in its discretion, appoint freeholders to set aside that year's support, as previously required by law.
- (f) If the allowance set by the court as provided in this section is not satisfactory to the surviving spouse electing against the decedent's will, the surviving spouse of an intestate decedent, the unmarried minor children of an intestate decedent or the personal representative, then appeal may be made to the appropriate court in accordance with § 30-2-609. Proceedings on appeal shall be de novo without the intervention of a jury except when demand for a jury is made in accordance with Tennessee Rules of Civil Procedure, Rule 38; provided, that in jurisdictions where probate matters originate in a court whose judge is also a chancellor, the appeal shall be made as otherwise provided by law; and provided further, that in cases heard in a probate court whose judge is required to have the same qualifications as prescribed for circuit judges, the appeal shall also be made as otherwise provided by law.
- (g) Any action to set aside the property designated in this section shall be brought within the time limits set by § 31-4-102.
Acts 1967, ch. 146, § 1; 1969, ch. 135, § 3; impl. am. Acts 1976, ch. 529, § 1; T.C.A., § 30-803; Acts 1985, ch. 140, § 10; 1993, ch. 449, § 3; 1999, ch. 491, § 2.
Notes of Decisions
Cited in 16
cases, 1986–2019 · leading case: In Re Arwood, 289 B.R. 889 (Bankr. E.D. Tenn. 2003).
In Re Arwood, 289 B.R. 889 (Bankr. E.D. Tenn. 2003). “See Tenn. Code Ann. §§ 30-2-102 , - 201 to 211, -305 (2000).”
In re Est. of Gray, 729 S.W.2d 668 (Tenn. Ct. App. 1987). “Executors raise the following issues: (1) whether the chancellor erred in holding that Husband was an “heir-at-law” of Deceased; (2) whether the filing of a petition for elective share was equivalent to dissenting from the will so as to entitle Husband to claim a year’s support…”
Cantrell v. Est. of Cantrell, 19 S.W.3d 842 (Tenn. Ct. App. 1999). “§ 30-2-102 (year’s support); and Tenn.Code Ann.”
Clayton v. Morris, 104 S.W.3d 855 (Tenn. Ct. App. 2002). “Whether surviving spouse is entitled to year’s support from the real property of the Estate T.C.A. § 30-2-102 governs year’s support allowance and provides as follows: (a) In addition to the right to homestead, an elective share under title 31, chapter 4, and exempt property,…”
Phipps v. Watts, 781 S.W.2d 863 (Tenn. Ct. App. 1989). “Tenn.Code Ann. § 30-2-102(a) (1988) provides as follows: In addition to the right to homestead, a distributive share under title 31, chapter 4, and exempt property, the surviving spouse of an intestate, or a spouse who dissents from a decedent’s will, is entitled to a reasonable…”
In Re Est. of Soard, 173 S.W.3d 22 (Tenn. Ct. App. 2005). “] § 30-2-102, Sarah Soard is entitled to [a] Year’s Support in the amount of $13,656.”
Uhrig v. Pulliam, 713 S.W.2d 649 (Tenn. 1986). “§ 30-2-101, to a year’s support, T.C.A. § 30-2-102, and to homestead, T.C.”
In Re: Est. of Mary A. Grass (Tenn. Ct. App. 2008). “” Tenn. Code Ann. § 30-2-102 (a) (emphasis added).”
Hall v. Jeffers, 795 S.W.2d 135 (Tenn. Ct. App. 1990). “Jeffers is not entitled to an allowance of a year’s support under the provisions of T.C.A. 30-2-102, because Mr. and Mrs. Jef-fers had been separated for more than a year and a half at the time of her death, a contested divorce action was pending between them, and at the time of…”
Est. of Marion English Truett (Deceased) (Tenn. Ct. App. 1997). “T.C.A. § 30-2-102(a) (Supp. 1988). At trial, Truett testified that he was in his early 60's when he married the Decedent.”
Est. of Mary Reeves Davis (Tenn. Ct. App. 2013). “The relevant portion of Tenn. Code Ann. § 30-2-102 provides: (a) In addition to the right to homestead, an elective share under title 31, chapter 4, and exempt property, the surviving spouse of an intestate, or a surviving spouse who elects to take against a decedent’s will, is…”
In Re Est. of Margaret Owens Bush Baker (Tenn. Ct. App. 2019). “§ 30-2-102 referenced above.) Mr. Baker withdrew his claim for elective share.”
— Tenn. Code Ann. § 30-2-102(a) — 4 cases
Phipps v. Watts, 781 S.W.2d 863 (Tenn. Ct. App. 1989). “Tenn.Code Ann. § 30-2-102(a) (1988) provides as follows: In addition to the right to homestead, a distributive share under title 31, chapter 4, and exempt property, the surviving spouse of an intestate, or a spouse who dissents from a decedent’s will, is entitled to a reasonable…”
In Re: Est. of Mary A. Grass (Tenn. Ct. App. 2008). “” Tenn. Code Ann. § 30-2-102 (a) (emphasis added).”
Est. of Marion English Truett (Deceased) (Tenn. Ct. App. 1997). “T.C.A. § 30-2-102(a) (Supp. 1988). At trial, Truett testified that he was in his early 60's when he married the Decedent.”
In Re Est. of Margaret Owens Bush Baker (Tenn. Ct. App. 2019). “§ 30-2-102 referenced above.) Mr. Baker withdrew his claim for elective share.”
— Tenn. Code Ann. § 30-2-102(c) — 1 case
In Re: Est. of Mary A. Grass (Tenn. Ct. App. 2008). “” Tenn. Code Ann. § 30-2-102 (a) (emphasis added).”
— Tenn. Code Ann. § 30-2-102(f) — 1 case
Cantrell v. Est. of Cantrell, 19 S.W.3d 842 (Tenn. Ct. App. 1999). “§ 30-2-102 (year’s support); and Tenn.Code Ann.”
— Tenn. Code Ann. § 30-2-102(g) — 1 case
In Re: Est. of Mary A. Grass (Tenn. Ct. App. 2008). “” Tenn. Code Ann. § 30-2-102 (a) (emphasis added).”
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