Tennessee § 30-2-101 - Right of surviving spouse and minor children to specific property.

§ 30-2-101. Right of surviving spouse and minor children to specific property.

The surviving spouse of an intestate decedent, or a spouse who elects against a decedent's will, is entitled to receive from the decedent's estate the following exempt property having a fair-market value (in excess of any indebtedness and other amounts secured by any security interests in the property) that does not exceed fifty thousand dollars ($50,000): Tangible personal property normally located in, or used in or about, the principal residence of the decedent and not used primarily in a trade or business or for investment purposes, and A motor vehicle or vehicles not used primarily in a trade or business. If there is no surviving spouse, the decedent's unmarried minor children are entitled as tenants in common only to exempt property as described in subdivision (a)(1)(A). Rights to this exempt property are in addition to any benefit or share passing to the surviving spouse or unmarried minor children by intestate succession, elective share, homestead or year's support allowance. Where a deceased dies intestate, leaving a surviving spouse, until letters of administration are granted, the surviving spouse may take into possession and make use of any crop then growing and of the provisions on hand as may be necessary for the support of the surviving spouse and family; the surviving spouse may also use the stock, implements and plantation utensils for the purpose of completing, securing and selling the crop. The surviving spouse or other custodian of unmarried minor children shall apply for the property named in this section before it is distributed or sold, but the property so delivered shall in no case be liable for the payment of claims against the estate. If the surviving spouse or unmarried minor children do not receive the property allowed under this section and the property is sold by executor or administrator, the court shall order the money to be paid to the surviving spouse or unmarried minor children at any time before the money is paid out for claims or distributed. Any action to set aside the property designated in this section shall be brought within the limits set by § 31-4-102. Acts 1967, ch. 146, § 1; 1969, ch. 135, §§ 1, 2; T.C.A., §§ 30-801, 30-802; Acts 1985, ch. 140, § 9; 1997, ch. 426, § 3; 1999, ch. 491, § 1. Compiler's Notes. Acts 1997, ch. 426, § 26 provided that the amendment by that act shall apply to all estates of decedents dying on or after January 1, 1998, and to all wills, other documents and proceedings related thereto. Cross-References. Elective share of surviving spouse, title 31, chapter 4. Jurisdiction of chancery courts of probate and related matters, title 16, chapter 16, part 2. Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 433. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 491, 500, 631-634, 816, 943, 1076-1078. Tennessee Forms (Robinson, Ramsey and Harwell), Nos. 4-1106, 4-1107, 4-1110. Law Reviews. Confused by tax reforms? Follow these 10 key rules for better estate planning in Tennessee (Dan W. Holbrook), 37 No. 8 Tenn. B.J. 12 (2001). Inheritance and Gift Taxes — Revised (Steven A. Rajtor), 16 No. 2 Tenn. B.J. 24 (1980); 16 No. 2 Tenn. B.J. 25 (1980). Legal Rights and Issues Surrounding Conception, Pregnancy and Birth, 39 Vand. L. Rev. 597 (1986). Protection Against Spousal Disinheritance: A Critical Analysis of Tennessee's New Forced Share System, 28 U. Mem. L. Rev. 561 (1998). The 1978 Tennessee Inheritance and Gift Tax Reform Act (R. Wayne Peters and Steven A. Rajtor), 14 No. 3 Tenn. B.J. 4. Value definition clauses: Creative uses (Dan W. Holbrook), 37 No. 4 Tenn. B.J. 20 (2001).