Tennessee Code Annotated

Tenn. Code Ann. § 31-1-101 (2026)

Title definitions

✓ current as of May 2026

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As used in this title, unless the context otherwise requires:

(1) "Child" includes any individual, adopted or natural born, entitled to take as a child under this title by intestate succession from the parent whose relationship is involved and excludes any person who is only a stepchild, a foster child, a grandchild or any more remote descendant;

(2) "Devise," when used as a noun, means a testamentary disposition of real or personal property. "Devise," when used as a verb, means to dispose of real or personal property by will;

(3) "Devisee" means any person designated in a will to receive a devise. In the case of a devise to an existing trust or trustee, or to a trustee or trust described by a will, the trust or trustee is the devisee and the beneficiaries are not devisees;

(4) "Distributee" means any person who has received property of a decedent from the personal representative other than as a creditor or purchaser;

(5) "Heirs" means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent;

(6) "Issue" of a person means all the person's lineal descendants, adopted as well as natural born, of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent contained in this title;

(7) "Parent" includes any person entitled to take, or who would be entitled to take if the child, adopted or natural born, died without a will, as a parent under this title by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent, or grandparent;

(8) "Personal representative" includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status; and

(9) "Property" includes both real and personal property or any interest therein and means anything that may be the subject of ownership.

Acts 1977, ch. 25, § 1; T.C.A., § 31-101.

Notes of Decisions

Cited in 19 cases (6 in the last 5 years), 1985–2025 · leading case: Linda F. Seals v. H & F, Inc., 301 S.W.3d 237 (Tenn. 2010).

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Linda F. Seals v. H & F, Inc., 301 S.W.3d 237 (Tenn. 2010). · cites it 12× “]” Tenn. Code Ann. § 31-1-101 (5) (2007). The fact that section 62-5-511 uses not only “heir” but “personal representative” – another term from law of descent and distribution and defined in section 31-1-101 – suggests that it is this ordinary definition of “heir” that the…”

Rutherford Cnty. v. Wilson, 121 S.W.3d 591 (Tenn. 2003). · cites it 4× “1950); see also Tenn.Code Ann. § 31-1-101(9) (1984) (defining "property" under the laws of descent and distribution as "anything that may be the subject of ownership" including "real and personal property or any interest therein").”

Daugherty v. Daugherty, 784 S.W.2d 650 (Tenn. 1990). · cites it 4× “It is insisted that in accordance with T.C.A. § 31-1-101(5) the word “heirs” includes Helen Daugherty, as Leo Daugherty’s spouse, just as if he had died intestate.”

Heirs of Ellis v. Est. of Ellis, 71 S.W.3d 705 (Tenn. 2002). · cites it 2× “Subsection (a) does not include entireties property within its list of affected interests, and subsection (b) does not include entireties property because it only affects “devisees,” or those persons “designated in a will to receive a devise.”

In re Est. of Gray, 729 S.W.2d 668 (Tenn. Ct. App. 1987). · cites it 2× “A surviving spouse was not included as an “heir-at-law.” By 1984, the year of Deceased’s death, the laws of descent and distribution had been amended to include a surviving spouse as an heir-at-law.”

Wright v. Brandon, 863 S.W.2d 400 (Tenn. 1993). “Tennessee Code Annotated § 31-1-101(5), enacted in 1977, provides: “Heirs” means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent, (emphasis added).”

Petty v. Privette, 818 S.W.2d 743 (Tenn. Ct. App. 1989). “” However, the administration of wills is an area which is clearly of importance to the testator as well as the beneficiaries but it is not an area of “great importance to the public” nor is it “often a matter of practical necessity” since no special qualifications are necessary.”

Decker v. Meriwether, 708 S.W.2d 390 (Tenn. Ct. App. 1985). “T.C.A. 31-1-101 (1984). Definitions — In this title, unless a different meaning is clearly intended: (1) “Child” includes any individual, adopted or natural born, entitled to take as a child under this title by intestate succession from the parent whose relationship is involved…”

In Re Est. of James M. McKinney (2022). · cites it 3× “) We do not read the sentence in the will that way, as the applicable law contemplates that the relationship is evaluated “at each generation,” Tenn. Code Ann. § 31-1-101 (6). There can be no dispute that Erin fits the definition of a child as set forth in Tenn.”

In Re Est. of Margaret L. Swift - Dissenting (Tenn. Ct. App. 2012). · cites it 4× “She cites Tennessee Code Annotated section 31-1-101(2)-(3), which defines a “devise” as a “testamentary disposition of real or personal property[,]” and a “devisee” as “any person designated in a will to receive a devise.”

In Re: Est. of Murrey Louis Wakefield, AMSouth Bank & Judith Wakefield Sandlin, Co-Executors, Linda Wakefield Melvin & Judith Sandlin Melvin & Judith Sandlin v. Est. of Nancy Wakefield Coleman (Tenn. Ct. App. 2004). · cites it 4× “If the testator had meant 3 T.C.A. § 31-1-101(5) states: “‘Heirs’ means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.”

Adams v. Adient US LLC (W.D. Tenn. 2024). · cites it 2× “” Tenn. Code Ann. § 31-1-101 (5) “Because the survival statute abrogates the common law rule, the statutory method for preserving either an existing action or a vested cause of action not yet commenced must be strictly followed.”

Show all 19 citing cases →

— Tenn. Code Ann. § 31-1-101(2) — 2 cases

In Re Est. of Margaret L. Swift - Dissenting (Tenn. Ct. App. 2012). “She cites Tennessee Code Annotated section 31-1-101(2)-(3), which defines a “devise” as a “testamentary disposition of real or personal property[,]” and a “devisee” as “any person designated in a will to receive a devise.”

In Re Est. of Margaret L. Swift (Tenn. Ct. App. 2012).

— Tenn. Code Ann. § 31-1-101(3) — 1 case

Heirs of Ellis v. Est. of Ellis, 71 S.W.3d 705 (Tenn. 2002). “Subsection (a) does not include entireties property within its list of affected interests, and subsection (b) does not include entireties property because it only affects “devisees,” or those persons “designated in a will to receive a devise.”

— Tenn. Code Ann. § 31-1-101(5) — 5 cases

Daugherty v. Daugherty, 784 S.W.2d 650 (Tenn. 1990). “It is insisted that in accordance with T.C.A. § 31-1-101(5) the word “heirs” includes Helen Daugherty, as Leo Daugherty’s spouse, just as if he had died intestate.”

Linda F. Seals v. H & F, Inc., 301 S.W.3d 237 (Tenn. 2010). “]” Tenn. Code Ann. § 31-1-101 (5) (2007). The fact that section 62-5-511 uses not only “heir” but “personal representative” – another term from law of descent and distribution and defined in section 31-1-101 – suggests that it is this ordinary definition of “heir” that the…”

In re Est. of Gray, 729 S.W.2d 668 (Tenn. Ct. App. 1987). “A surviving spouse was not included as an “heir-at-law.” By 1984, the year of Deceased’s death, the laws of descent and distribution had been amended to include a surviving spouse as an heir-at-law.”

In Re: Est. of Murrey Louis Wakefield, AMSouth Bank & Judith Wakefield Sandlin, Co-Executors, Linda Wakefield Melvin & Judith Sandlin Melvin & Judith Sandlin v. Est. of Nancy Wakefield Coleman (Tenn. Ct. App. 2004). “If the testator had meant 3 T.C.A. § 31-1-101(5) states: “‘Heirs’ means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.”

— Tenn. Code Ann. § 31-1-101(9) — 1 case

Rutherford Cnty. v. Wilson, 121 S.W.3d 591 (Tenn. 2003). “1950); see also Tenn.Code Ann. § 31-1-101(9) (1984) (defining "property" under the laws of descent and distribution as "anything that may be the subject of ownership" including "real and personal property or any interest therein").”

— Tenn. Code Ann. § 31-1-101(a) — 1 case

Michael C. Murphy v. Melissa Ann Blalock (Tenn. Ct. App. 2025).

— Tenn. Code Ann. § 31-1-101(a)(7) — 1 case

Clinard v. Boyd (M.D. Tenn. 2021).

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