Tennessee § 31-2-103 - Vesting of estate — Net estate.

§ 31-2-103. Vesting of estate — Net estate.

The real property of an intestate decedent shall vest immediately upon death of the decedent in the heirs as provided in § 31-2-104 . The real property of a testate decedent vests immediately upon death in the beneficiaries named in the will, unless the will contains a specific provision directing the real property to be administered as part of the estate subject to the control of the personal representative. Upon qualifying, the personal representative shall be vested with the personal property of the decedent for the purpose of first paying administration expenses, taxes, and funeral expenses and then for the payment of all other debts or obligations of the decedent as provided in § 30-2-317 . If the decedent's personal property is insufficient for the discharge or payment of a decedent's obligations, the personal representative may utilize the decedent's real property in accordance with title 30, chapter 2, part 4. After payment of debts and charges against the estate, the personal representative shall distribute the personal property of an intestate decedent to the decedent's heirs as prescribed in § 31-2-104 , and the property of a testate decedent to the distributees as prescribed in the decedent's will. Acts 1977, ch. 25, § 3; 1978, ch. 763, §§ 4, 5; T.C.A., § 31-602; Acts 1985, ch. 140, § 27. Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 650, 810, 816. Tennessee Jurisprudence, 9 Tenn. Juris., Descent and Distribution, § 5; 10 Tenn. Juris., Equitable Conversion, § 5; 12 Tenn. Juris., Executors and Administrators, § 24; 25 Tenn. Juris., Wills, § 166. Law Reviews. Conveyances Affecting the Surviving Spouse's Elective Share: Tennessee's Past and a Look to the Future, 57 Tenn. L. Rev. 677 (1990). Decedent's Estates — Bilbrey v. Smithers: Limitations on Post-Death Claims for Purposes of Intestate Succession in Tennessee, 27 U. Mem. L. Rev. 517 (1997). Survey of Tennessee Property Law, II. Estates in General (Toxey H. Sewell), 46 Tenn. L. Rev. 161 (1979). Survey of Tennessee Property Law, V. Trusts (Beverly A. Rowlett), 48 Tenn. L. Rev. 95 (1981). Vesting of Title in Probate Estate: The Curious Meaning of Words (Dan Holbrook), 38 No. 12 Tenn. B.J. 26 (2002).