Tennessee Code Annotated

Tenn. Code Ann. § 31-4-102 (2026)

Proceeding for elective share - Time limit

✓ current as of May 2026

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(a)
- (1) The surviving spouse may elect to take the spouse's elective share in decedent's property by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within nine (9) months after the date of death.
- (2) When the title of the surviving spouse to property devised or bequeathed by the will is involved in litigation pending so that an election to take the elective share cannot be advisedly made, the survivor shall have an additional year from the date of the probate of the will within which to elect; provided, that the court may upon a proper showing further extend the time to meet the exigency of litigation, not concluded, and, that application for allowance of additional time, in either case, be made to the court, for record of its action thereon.

(b) The court shall give notice of the time and place set for hearing to persons interested in the estate and to the distributees and recipients of portions of the decedent's estate whose interests will be adversely affected by the taking of the elective share.

(c) The surviving spouse may withdraw a demand for an elective share at any time before entry of a final determination by the court.

(d) After notice and hearing, the court shall determine the elective share and shall order its distribution and/or vesting to the surviving spouse or the spouse's personal representative. If it appears that a fund or property has been distributed by the personal representative, the court nevertheless shall fix the liability of any person who has any interest in the fund or property or who has possession of the fund or property, whether as trustee or otherwise. The proceeding may be maintained against fewer than all persons against whom relief could be sought, but no person is subject to contribution in any greater amount than the person would have been if relief had been secured against all persons subject to contribution.

(e) The order or judgment of the court may be enforced as necessary in suit for contribution or payment in other courts of this state or other jurisdictions.

Acts 1976, ch. 529, § 1; 1977, ch. 25, § 3; T.C.A., §§ 31-603, 31-618; Acts 1985, ch. 140, § 29; 2002, ch. 735, §5; 2007 , ch. 13, § 4.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1987–2021 · leading case: In Re Est. of Jones.

Sort: Relevance Newest Treatment

In Re Est. of Jones (Tenn. Ct. App. 2005). · cites it 3× “They contended that the widow’s filings were untimely and barred by the time limits prescribed by Tenn.Code Ann. § 31-4-102(a)(l) (Supp. 2004), a part of the elective-share statutory scheme.”

In re Est. of Gray (Tenn. Ct. App. 1987). · cites it 4× “Husband then filed a Petition for Elective Share pursuant to T.C.A. § 31-4-102. Executors filed a Petition for Partition by Sale of four parcels of real property owned by the parties as tenants in common during Deceased’s lifetime.”

Williams v. Williams (Tenn. Ct. App. 1992). · cites it 4× “On May 24, 1990, the petitioner, Alice Williams, filed a petition in the Probate Court of Crockett County seeking to dissent from her deceased husband’s will and to take an elective share as his surviving spouse under T.C.A. § 31-4-102. Lanny Williams, the decedent’s son, filed…”

Est. of Williams v. Huddleston (Tenn. 1997). · cites it 4× “1 Pursuant to the procedure set forth in Tenn.Code Ann. § 31-4-102 (Supp.1996), the widow filed a petition exercising her right to elect against the decedent’s will and take an elective share as authorized by Tenn.”

In Re: Est. of Mary A. Grass (Tenn. Ct. App. 2008). · cites it 11× “Tennessee Code Annotated section 31-4-102 provides: (a)(1) The surviving spouse may elect to take such spouse’s elective share in decedent’s property by filing in the Court and mailing or delivering to the personal representative, if any, a petition for the elective share within…”

In re Est. of Glenda Joyce Panter Hillis (Tenn. Ct. App. 2016). · cites it 4× “See Tenn. Code Ann. § 31-4-102 (c) (“The surviving spouse may withdraw a demand for an elective share at any time before entry of a final 7 The trial court also determined that the antenuptial agreement was invalid because Mrs.”

In Re Est. of Billy Joe Kerby (Tenn. Ct. App. 2019). · cites it 4× “Tenn. Code Ann. § 31-4-102 (a)(1) (“The surviving spouse may elect to take the spouse’s elective share in decedent’s property by filing in the court .”

Duncan v. Crawford, Maryville, For The (Tenn. Ct. App. 1996). · cites it 6× “Under the plain language of the first paragraph of T.C.A. § 31-4-102, the election to take an elective share must be made within nine (9) months after the date of death or within six (6) months after the appointment of a personal representative, “whichever limitation last…”

In Re Est. of Margaret Owens Bush Baker (Tenn. Ct. App. 2019). · cites it 2× “See Tenn. Code Ann. § 31-4-102 (2015). Ms. Payne further asserted that Mr.”

Virgie Katherine Stamps v. Vickie Sharon Starnes (Tenn. Ct. App. 2021). “Nevertheless, assuming arguendo that § 31-4-102(a)(1) applies, we shall determine whether it affords Plaintiff any relief.”

— Tenn. Code Ann. § 31-4-102(a) — 1 case

In Re: Est. of Mary A. Grass (Tenn. Ct. App. 2008). “Tennessee Code Annotated section 31-4-102 provides: (a)(1) The surviving spouse may elect to take such spouse’s elective share in decedent’s property by filing in the Court and mailing or delivering to the personal representative, if any, a petition for the elective share within…”

— Tenn. Code Ann. § 31-4-102(a)(1) — 4 cases

In Re Est. of Billy Joe Kerby (Tenn. Ct. App. 2019). “Tenn. Code Ann. § 31-4-102 (a)(1) (“The surviving spouse may elect to take the spouse’s elective share in decedent’s property by filing in the court .”

Duncan v. Crawford, Maryville, For The (Tenn. Ct. App. 1996). “Under the plain language of the first paragraph of T.C.A. § 31-4-102, the election to take an elective share must be made within nine (9) months after the date of death or within six (6) months after the appointment of a personal representative, “whichever limitation last…”

— Tenn. Code Ann. § 31-4-102(a)(l) — 1 case

In Re Est. of Jones (Tenn. Ct. App. 2005). “They contended that the widow’s filings were untimely and barred by the time limits prescribed by Tenn.Code Ann. § 31-4-102(a)(l) (Supp. 2004), a part of the elective-share statutory scheme.”

— Tenn. Code Ann. § 31-4-102(d) — 1 case

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