Tennessee § 31-4-105 - Death of surviving spouse.
Full text of Tennessee Tennessee Code Annotated § 31-4-105 — Death of surviving spouse., with citation guidance and answers to common questions.
§ 31-4-105. Death of surviving spouse.
In the event the surviving spouse dies before the time for electing the elective share expires, the personal representative of the decedent's surviving spouse may, in like manner and every respect, make the election on behalf of the deceased spouse. In like manner, the personal representative may withdraw a demand for an elective share at any time before entry of a final determination by the court. Acts 1976, ch. 529, § 1; 1977, ch. 25, §§ 4, 5; 1982, ch. 797, § 1; T.C.A., §§ 31-606, 31-620; Acts 2002, ch. 735, § 6; 2014, ch. 829, § 2. Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 812, 814, 815. Tennessee Jurisprudence, 8 Tenn. Juris., Curtesy, § 2; 9 Tenn. Juris., Descent and Distribution, § 6; 25 Tenn. Juris., Wills, § 166. Law Reviews. Avoiding Spousal Claims in Tennessee (Steven A. Goodman), 24 No. 4, Tenn. B.J. 24 (1988). Conveyances Affecting the Surviving Spouse's Elective Share: Tennessee's Past and a Look to the Future, 57 Tenn. L. Rev. 677 (1990). Survey of Tennessee Property Law, V. Trusts (Beverly A. Rowlett), 48 Tenn. L. Rev. 95 (1981).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 31-4-105
What does Tennessee Code Annotated § 31-4-105 cover?
Section 31-4-105 ("Death of surviving spouse.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 31-4-105?
A common citation format is "Tennessee Code Annotated § 31-4-105" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 31-4-105 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.