Tennessee Code Annotated
Tenn. Code Ann. § 67-8-305 (2026)
[Not applicable to decedents who die in 2016 or after, see section 67-8-318.] Property held jointly
✓ current as of May 2026
- (a) Whenever any property was held jointly by the decedent and one (1) or more persons as tenants by the entirety or otherwise, or was deposited in banks or other depositories or institutions in the joint names of the decedent and one (1) or more other persons and was payable to one (1) or more, or to the survivor or survivors, so that, upon the death of the decedent, the survivor or survivors became entitled to the immediate possession, ownership or enjoyment of such property, the entire value of any such property shall be deemed to have been transferred from the decedent to the survivor or survivors, and such transfer shall be subject to the inheritance tax imposed by parts 3-5 of this chapter, except:
- (1) Where the decedent and the survivor are husband and wife at the death of the decedent, there shall be deducted one-half (1/2) of the value of the taxable transfer; and
- (2) In all other cases:
- (A) Where such property was originally acquired for an adequate and full consideration in money or money's worth and where it is clearly shown to the satisfaction of the commissioner of revenue that the survivor or survivors contributed a part of the consideration given for such property in money or money's worth, there shall be deducted only such part of the value of the taxable transfer as is proportionate to the consideration contributed by the survivor or survivors; and
- (B) Where the decedent and the survivor or survivors originally acquired such property other than for an adequate and full consideration in money or money's worth, there shall be deducted only such fractional part from the value of the taxable transfer as was originally acquired by the survivor or survivors.
- (b) Where the decedent was a resident of this state, this section shall apply to the property specified in § 67-8-303(a)(1), or where the decedent was a nonresident, to the property specified in § 67-8-303(a)(2).
Acts 1929 (Ex. Sess.), ch. 29, § 1(3); Code 1932, § 1261; Acts 1980, ch. 823, § 1; 1983, ch. 73, § 7; T.C.A. (orig. ed.), § 30-1603.
Notes of Decisions
Cited in 3
cases, 1993–2008 · leading case: In Re Hensley, 393 B.R. 186 (Bankr. E.D. Tenn. 2008).
In Re Hensley, 393 B.R. 186 (Bankr. E.D. Tenn. 2008). “the entire value of any such property shall be deemed to have been transferred from the decedent to the survivor or survivors, and such transfer shall be subject to the inheritance tax imposed by parts 3-5 of this chapter, except: (l)[w]here the decedent and the survivor are…”
Hicks v. Boshears, 846 S.W.2d 812 (Tenn. 1993). “T.C.A. § 67-8-305(a)(l) (1989) treats tenancies by the entirety as though each tenant owned a one-half undivided interest in fee.”
In Re: Est. of Mary A. Grass (Tenn. Ct. App. 2008). “Tenn. Code Ann. § 67-8-305 (a). As stated above, the Executor’s first claim is that the Probate Court erred by including the $160,000 transfer in the net estate as a fraudulent transfer.”
— Tenn. Code Ann. § 67-8-305(a) — 1 case
In Re: Est. of Mary A. Grass (Tenn. Ct. App. 2008). “Tenn. Code Ann. § 67-8-305 (a). As stated above, the Executor’s first claim is that the Probate Court erred by including the $160,000 transfer in the net estate as a fraudulent transfer.”
— Tenn. Code Ann. § 67-8-305(a)(l) — 2 cases
In Re Hensley, 393 B.R. 186 (Bankr. E.D. Tenn. 2008). “the entire value of any such property shall be deemed to have been transferred from the decedent to the survivor or survivors, and such transfer shall be subject to the inheritance tax imposed by parts 3-5 of this chapter, except: (l)[w]here the decedent and the survivor are…”
Hicks v. Boshears, 846 S.W.2d 812 (Tenn. 1993). “T.C.A. § 67-8-305(a)(l) (1989) treats tenancies by the entirety as though each tenant owned a one-half undivided interest in fee.”
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