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Spousal Elective Share Law in Tennessee

In Tennessee, a surviving spouse can elect 10% to 40% of the net estate depending on the length of the marriage, by petition within 9 months after death.

Last checked . General information, not legal advice.

Tennessee at a glance

Elective share
10% to 40% of net estate, by length of marriage
10% under 3 years, 20% for 3 to 6 years, 30% for 6 to 9 years, 40% for 9 years or more. Years of marriage to the same person are combined.
Deadline to elect
9 months after death
If litigation over the will's gifts to the spouse is pending, the spouse gets an extra year from probate, and the court may extend further.
Community property state
Only by opt-in community property trust
Spouses can transmute property to community property by transferring it to a Tennessee community property trust.

Sources

Last checked

The rules in Tennessee

How much can a surviving spouse claim in Tennessee if left out of the will?

Elective share in Tennessee: 10% to 40% of net estate, by length of marriage. 10% under 3 years, 20% for 3 to 6 years, 30% for 6 to 9 years, 40% for 9 years or more. Years of marriage to the same person are combined.

What is the deadline to claim the elective share in Tennessee?

Deadline to elect in Tennessee: 9 months after death. If litigation over the will's gifts to the spouse is pending, the spouse gets an extra year from probate, and the court may extend further.

Is Tennessee a community property state?

Only by opt-in community property trust. Community property state in Tennessee: only by opt-in community property trust. Spouses can transmute property to community property by transferring it to a Tennessee community property trust.

Where do the Tennessee spousal elective share laws come from?

The rules above come from Tenn. Code 31-4-101, Tenn. Code 31-4-102 and Tenn. Code 35-17-105. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.