Tennessee Code Annotated
Tenn. Code Ann. § 31-2-104 (2026)
Share of surviving spouse and heirs
✓ current as of May 2026
- (a) The intestate share of the surviving spouse is:
- (1) If there is no surviving issue of the decedent, the entire intestate estate; or
- (2) If there are surviving issue of the decedent, either one-third (1/3) or a child's share of the entire intestate estate, whichever is greater.
- (b) The part of the intestate estate not passing to the surviving spouse under subsection (a) or the entire intestate estate if there is no surviving spouse, passes as follows:
- (1) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation;
- (2) If there is no surviving issue, to the decedent's parent or parents equally;
- (3) If there is no surviving issue or parent, to the brothers and sisters and the issue of each deceased brother and sister by representation; if there is no surviving brother or sister, the issue of brothers and sisters take by representation; or
- (4) If there is no surviving issue, parent, or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there is no surviving grandparent or issue of grandparent on either the paternal or maternal side, the entire estate passes to the relatives on the other side in the same manner as the half.
Acts 1976, ch. 538, § 1; 1977, ch. 25, § 4; 1978, ch. 763, § 2; T.C.A., §§ 31-203, 31-204.
Notes of Decisions
Cited in 62
cases (13 in the last 5 years), 1985–2026 · leading case: Linda F. Seals v. H & F, Inc., 301 S.W.3d 237 (Tenn. 2010).
Linda F. Seals v. H & F, Inc., 301 S.W.3d 237 (Tenn. 2010). “See Tenn. Code Ann. § 31-2-104 (2007). Unlike the RUAGA, section 31-2- 104 does not govern any aspect of the disposal of a decedent’s body, addressing instead the distribution of property from the decedent’s estate.”
Lanier v. Rains, 229 S.W.3d 656 (Tenn. 2007). “For example, if the Decedent’s son should die without a will, then the Petitioner might inherit as his half-sister under the intestacy statute, Tennessee Code Annotated section 31-2-104. The Court of Appeals’ decision made reference to J.”
In Re the Est. of Milam, 181 S.W.3d 344 (Tenn. Ct. App. 2005). “In fact, at oral argument, counsel for the Sweetser Children conceded this fact by stating that the Sweet-ser Children did not wish to file a will contest action because they did not want to disturb the devises made to certain charities in the Decedent’s will.”
Carter v. Hutchison, 707 S.W.2d 533 (Tenn. Ct. App. 1985). “12 Second, it provides that the victim’s property should be distributed in accordance with Tenn.Code Ann. § 31-2-104, Tennessee’s statute involving intestate successors.”
Foster v. Jeffers, 813 S.W.2d 449 (Tenn. Ct. App. 1991). “See T.C.A. § 31-2-104. In effect, the nephews would merely be doing the job of the administra-trix by bringing the action and collecting the proceeds in trust for Wayne.”
Est. of Robison v. Carter, 701 S.W.2d 218 (Tenn. Ct. App. 1985). “However, we are unable to determine from this record whether the trial court took this statute into consideration when he made his decision.”
In re The Conservatorship of Cody Lee Wade, 484 S.W.3d 151 (Tenn. Ct. App. 2015). “Tenn.Code Ann. § 31-2-104 (2007). Section 34-1-121 empowers the court to require a conservator to undertake actions that are in the disabled person’s best interests.”
Woods v. Fields, 798 S.W.2d 239 (Tenn. Ct. App. 1990). “Under T.C.A. § 31-2-104(b) (1984) if the intestate decedent has no surviving spouse, as in this case, the entire estate passes: (1) To the issue of the decedent.”
Bolin v. Bolin, 99 S.W.3d 102 (Tenn. Ct. App. 2002). “” Section 31-1-106 of the Tennessee Code states: Any person who shall kill, or conspire with another to kill, or procure to be killed, any other person from which the first named person would inherit the property, either real or personal, or any part thereof, belonging to such…”
Wright v. Brandon, 863 S.W.2d 400 (Tenn. 1993). “Under T.C.A § 31-2-104(a)(2) where there are surviving issue of the decedent, as in this case, the intestate share of a surviving spouse is either one-third (½) or a child’s share of the entire intestate estate, whichever is greater.”
In Re Est. of Leath, 294 S.W.3d 571 (Tenn. Ct. App. 2008). “§ 31-2-104. The case came on for trial without a jury on August 17, 2006, and on December 15, 2006, the trial court entered its order and memorandum opinion denying Mrs.”
Bilbrey v. Smithers, 937 S.W.2d 803 (Tenn. 1996). “Section 31-2~103(a) provides: The real property of an intestate decedent shall vest immediately upon death of the decedent in the heirs as provided in § 31-2-104.... Tenn.Code Ann. § 31-2-103(a) (Supp.”
— Tenn. Code Ann. § 31-2-104(2) — 1 case
In re Est. of Gray, 729 S.W.2d 668 (Tenn. Ct. App. 1987).
— Tenn. Code Ann. § 31-2-104(a)(2) — 2 cases
Wright v. Brandon, 863 S.W.2d 400 (Tenn. 1993). “Under T.C.A § 31-2-104(a)(2) where there are surviving issue of the decedent, as in this case, the intestate share of a surviving spouse is either one-third (½) or a child’s share of the entire intestate estate, whichever is greater.”
Harris v. Wells Fargo Bank, N.A. (W.D. Tenn. 2019).
— Tenn. Code Ann. § 31-2-104(a)(l) — 1 case
First Tennessee Bank N.A. v. Harold Woodward, 362 S.W.3d 86 (Tenn. Ct. App. 2011).
— Tenn. Code Ann. § 31-2-104(b) — 2 cases
Linda F. Seals v. H & F, Inc., 301 S.W.3d 237 (Tenn. 2010). “See Tenn. Code Ann. § 31-2-104 (2007). Unlike the RUAGA, section 31-2- 104 does not govern any aspect of the disposal of a decedent’s body, addressing instead the distribution of property from the decedent’s estate.”
Woods v. Fields, 798 S.W.2d 239 (Tenn. Ct. App. 1990). “Under T.C.A. § 31-2-104(b) (1984) if the intestate decedent has no surviving spouse, as in this case, the entire estate passes: (1) To the issue of the decedent.”
— Tenn. Code Ann. § 31-2-104(b)(1) — 4 cases
State of Tennessee v. Ricky L. Helmick, Jr. (Tenn. Crim. App. 2021).
Anthony T. Grose, Sr. v. Charles Stone (Tenn. Ct. App. 2024).
Dennis Hall v. Thomas Howell Fowler (Tenn. Ct. App. 2007).
Lorenzo C. White v. Carolyn Fields Hayes (Tenn. Ct. App. 2005).
— Tenn. Code Ann. § 31-2-104(b)(2) — 1 case
Anthony T. Grose, Sr. v. Charles Stone (Tenn. Ct. App. 2024).
— Tenn. Code Ann. § 31-2-104(b)(3) — 3 cases
Est. of Robison v. Carter, 701 S.W.2d 218 (Tenn. Ct. App. 1985). “However, we are unable to determine from this record whether the trial court took this statute into consideration when he made his decision.”
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).
Dennis Hall v. Thomas Howell Fowler (Tenn. Ct. App. 2007).
— Tenn. Code Ann. § 31-2-104(b)(l) — 2 cases
Carter v. Hutchison, 707 S.W.2d 533 (Tenn. Ct. App. 1985). “12 Second, it provides that the victim’s property should be distributed in accordance with Tenn.Code Ann. § 31-2-104, Tennessee’s statute involving intestate successors.”
Woods v. Fields, 798 S.W.2d 239 (Tenn. Ct. App. 1990). “Under T.C.A. § 31-2-104(b) (1984) if the intestate decedent has no surviving spouse, as in this case, the entire estate passes: (1) To the issue of the decedent.”
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