If real estate is so situated that homestead cannot be set apart, as provided in this part, then the realty shall be sold and thirty-five thousand dollars ($35,000) of the proceeds invested in real estate, under the direction of the court having jurisdiction to be held as homestead subject to the law governing homestead, or if the court deems it more desirable and practical, it may order the payment of thirty-five thousand dollars ($35,000) in cash or other personal property outright and in fee to the surviving spouse, if any, otherwise to the minor children, if any, in lieu of all other homestead rights in the realty of the deceased.
Amended by 2022 Tenn. Acts, ch. 759, s 1, eff. 7/1/2022.
Acts 1873, ch. 98, § 1; Shan., §§ 3808, 4145; mod. Code 1932, §§ 7729, 8357; impl. am. Acts 1933, ch. 72, § 1; C. Supp. 1950, § 7729; Acts 1976, ch. 529, § 16; 1979, ch. 61, § 9; T.C.A. (orig. ed.), § 30-912; Acts 1985, ch. 140, § 11.
Notes of Decisions
Cited in
5
cases, 2002–2008 · leading case:
Clayton v. Morris, 104 S.W.3d 855 (Tenn. Ct. App. 2002).
Clayton v. Morris, 104 S.W.3d 855 (Tenn. Ct. App. 2002).
· cites it 4× “T.C.A. § 30-2-209 provides that: If real estate is so situated that homestead cannot be set apart, as herein provided, then the realty shall be sold and five thousand dollars ($5,000) of the proceeds invested in real estate, under the direction of the court having jurisdiction…”
In Re Est. of Soard, 173 S.W.3d 22 (Tenn. Ct. App. 2005).
“] § 30-2-209, Sarah Soard is entitled to payment of $5,000.”
In Re: Est. of Mary A. Grass (Tenn. Ct. App. 2008).
· cites it 4× “Tennessee Code Annotated section 30-2-209 states: If real estate is so situated that homestead cannot be set apart, as herein provided, then the realty shall be sold and five thousand dollars ($5,000) of the proceeds invested in real estate, under the direction of the court…”
Roger Clayton Morris v. Lola Jane Morris (Tenn. Ct. App. 2002).
· cites it 4× “T.C.A. § 30-2-209 provides that: If real estate is so situated that homestead cannot be set apart, as herein provided, then the realty shall be sold and five thousand dollars ($5,000) of the proceeds invested in real estate, under the direction of the court having jurisdiction…”
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