Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Under Tennessee law, heirs cannot elect to take a life estate in lieu of their intestate share. Tennessee abolished dower and curtesy rights, which historically allowed surviving spouses to claim a life estate in real property. Today, heirs and surviving spouses must follow the statutory framework governing homestead allowances, family allowances, exempt property, and intestate distributions.
No Dower or Curtesy Rights: Tennessee abolished dower and curtesy by statute. See T.C.A. § 31-1-101. That means no heir may claim a life estate in the decedents real property based solely on their status as a surviving spouse.
Statutory Allowances: Instead, the law provides the following benefits for a surviving spouse or minor children:
- Homestead Allowance: A set dollar amount or an interest in the primary residence until probate closes.
- Family Allowance: A monthly payment for support during probate.
- Exempt Property: Personal property items up to specified values.
These allowances serve to support the surviving family but do not grant a permanent life estate in real property.
Elective Share (Testate Estates Only): In estates governed by a will, a surviving spouse may elect a statutory share rather than the provisions of the will. That election is not a life estate but a fixed fraction of the estates net value. See T.C.A. § 31-4-101.
Intestate Distribution: When someone dies without a will, the estate passes to heirs according to Tennessees intestacy statutes. The surviving spouse and other heirs receive outright shares based on their relationship to the decedent—no life estate option exists. See T.C.A. § 31-2-102.
In short, Tennessee law does not allow an heir to elect a life estate instead of an intestate share. Heirs receive statutory allowances and outright distributions under the Probate Code. If you need tailored guidance or face complex family dynamics, consult a probate attorney familiar with Tennessee estates.
Helpful Hints
- Identify all statutory allowances (homestead, family, exempt property) early in probate.
- Review T.C.A. §§ 31-1-101, 31-2-102, and 31-4-101 to understand your rights.
- Track probate deadlines: filing for allowances often has tight time frames.
- Gather property valuations to calculate elective shares in testate estates.
- Consult a Tennessee probate attorney if you face disputes or unclear heirship.
- Keep probate court informed of your election to receive or waive statutory benefits.
- Consider mediation for family disagreements over estate distributions.