The real property of an intestate decedent shall vest immediately upon death of the decedent in the heirs as provided in § 31-2-104. The real property of a testate decedent vests immediately upon death in the beneficiaries named in the will, unless the will contains a specific provision directing the real property to be administered as part of the estate subject to the control of the personal representative. Upon qualifying, the personal representative shall be vested with the personal property of the decedent for the purpose of first paying administration expenses, taxes, and funeral expenses and then for the payment of all other debts or obligations of the decedent as provided in § 30-2-317. If the decedent's personal property is insufficient for the discharge or payment of a decedent's obligations, the personal representative may utilize the decedent's real property in accordance with title 30, chapter 2, part 4. After payment of debts and charges against the estate, the personal representative shall distribute the personal property of an intestate decedent to the decedent's heirs as prescribed in § 31-2-104, and the property of a testate decedent to the distributees as prescribed in the decedent's will.
Acts 1977, ch. 25, § 3; 1978, ch. 763, §§ 4, 5; T.C.A., §31-602; Acts 1985, ch. 140, § 27.
Notes of Decisions
In Re Est. of Ardell Hamilton Trigg, 368 S.W.3d 483 (Tenn. 2012).
· cites it 4× “However, the fact that the title to the real property vests immediately does not necessarily mean that the real property cannot be subject to the probate proceeding in some circumstances.”
In Re Est. of Vincent, 98 S.W.3d 146 (Tenn. 2003).
· cites it 2× “” Tenn.Code Ann. § 31-2-103 (2001). Vincent asserts that property passing by right of survivorship, which also occurs at the moment of death, is therefore the functional equivalent of property passing by devise or descent.”
Gentry v. Gentry, 924 S.W.2d 678 (Tenn. 1996).
· cites it 2× “4 Tenn.Code Ann. § 31-2-103 (Supp. 1995). Consequently, recognition of the divorce decree as valid will not disturb vested rights.”
Bilbrey v. Smithers, 937 S.W.2d 803 (Tenn. 1996).
· cites it 2× “Tenn.Code Ann. § 31-2-103(a) (Supp.1995).”
In re Benchmark Capital, Inc., 490 B.R. 566 (Bankr. E.D. Tenn. 2013).
· cites it 2× “” Tenn.Code Ann. § 31-2-103 (2007). A probate proceeding is an “in rem” action focusing on the decedent’s estate that “enables the deceased’s personal representative to, among other things, (1) notify the decedent’s beneficiaries that the will has been filed for probate; (2)…”
In Re: Est. Of James Hood Nichols (Tenn. Ct. App. 2018).
· cites it 12× “” Tenn. Code Ann. § 31-2-103 provides, in pertinent part, as follows: The real property of a testate decedent vests immediately upon death in the beneficiaries named in the will, unless the will contains a specific provision directing the real property to be administered as part…”
In Re Est. of Patrick Takashi Davis (Tenn. Ct. App. 2016).
· cites it 10× “Tenn. Code Ann. § 31-2-103 . V. Conclusion For the foregoing reasons, we affirm the order of the trial court.”
In Re Est. of Martha B. Schubert (Tenn. Ct. App. 2020).
· cites it 8× “Like in Schubert I, Tennessee Code Annotated section 31-2-103 is of particular importance in determining the issues presented.”
In re Est. of Martha B. Schubert (Tenn. Ct. App. 2015).
· cites it 11× “We find and hold, however, that these properties did not vest in John Schubert immediately upon Deceased‟s death because the Will also contains specific language which, pursuant to Tenn. Code Ann. § 31-2-103 , directed that the real property be administered as part of Deceased‟s…”
— Tenn. Code Ann. § 31-2-103(a) — 1 case
— Tenn. Code Ann. § 31-2-103(a)(2)(B) — 1 case
— Tenn. Code Ann. § 31-2-103(b) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.