Tennessee Code Annotated
Tenn. Code Ann. § 67-8-306 (2026)
[Not applicable to decedents who die in 2016 or after, see section 67-8-318.] Life insurance
✓ current as of May 2026
- (a) If the decedent was a resident of this state, there shall be included in the gross estate the proceeds of insurance policies payable to named beneficiaries, or to the decedent's estate, or in such manner as to be subject to claims against the decedent's estate and to distribution as a part thereof.
- (b) This section shall include the proceeds of insurance policies commonly known as "paid-up contracts" or "investment contracts" or "annuity contracts" or similar types or forms of policies, the surrender value of which was subject to the control of the decedent prior to death.
- (c) Where life insurance, the proceeds of which are under the control of the decedent, is left by the decedent in such manner that the proceeds thereof cannot be subjected to the payment of the decedent's debts and where the proceeds of such insurance are received by beneficiaries thereof and are not subjected to the debts of the decedent, the fact that the decedent may have been insolvent and that a portion of the decedent's debts may remain unpaid shall not affect the liability for inheritance tax upon such insurance.
Acts 1929 (Ex. Sess.), ch. 29, § 1(4); Code 1932, § 1261A; Acts 1937, ch. 129, § 1; 1943, ch. 119, § 1; C. Supp. 1950, § 1261A; Acts 1963, ch. 204, § 1; 1972, ch. 452, § 1; T.C.A. (orig. ed.), § 30-1604.
Notes of Decisions
Cited in 3
cases, 1984–2002 · leading case: Mercy v. Olsen, 672 S.W.2d 196 (Tenn. 1984).
Mercy v. Olsen, 672 S.W.2d 196 (Tenn. 1984). “, § 30-1604 (now T.C.A., § 67-8-306), contains such an exception applicable to her case.”
Clayton v. Morris, 104 S.W.3d 855 (Tenn. Ct. App. 2002). “T.C.A. § 67-8-306 provides that: (a) If the decedent was a resident of this state, there shall be included in the gross estate the proceeds of insurance policies payable to named beneficiaries, or to the decedent’s estate, or in such manner as to be subject to claims against the…”
Roger Clayton Morris v. Lola Jane Morris (Tenn. Ct. App. 2002). “T.C.A. § 67-8-306 provides that: (a) If the decedent was a resident of this state, there shall be included in the gross estate the proceeds of insurance policies payable to named beneficiaries, or to the decedent’s estate, or in such manner as to be subject to claims against the…”
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