# Tenn. Code Ann. § 31-4-104: Mental incompetency or minority of surviving spouse

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T31_C4_S31-4-104

## Section

- **Citation:** Tenn. Code Ann. § 31-4-104
- **Heading:** Mental incompetency or minority of surviving spouse
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 31 / Chapter 4 / Section 31-4-104

## Text

When the surviving spouse has been adjudged mentally incompetent as described by title 34, chapters 1-3, or is under the age of eighteen (18) years, at the time the will is admitted to probate, upon a petition filed by a guardian, conservator or next friend of either, within one (1) year from probate, or within any extension period so granted, alleging that it would be to the interest of the survivor to take the survivor's elective share, the court having the proper jurisdiction is empowered to appoint a guardian ad litem and hear proof and to declare or not declare an election, and enter judgment accordingly, subject to appeal. Acts 1976, ch. 529, § 1; 1977, ch. 25, §§ 4, 5; T.C.A., §§ 31-605, 31-619.
When the surviving spouse has been adjudged mentally incompetent as described by title 34, chapters 1-3, or is under the age of eighteen (18) years, at the time the will is admitted to probate, upon a petition filed by a guardian, conservator or next friend of either, within one (1) year from probate, or within any extension period so granted, alleging that it would be to the interest of the survivor to take the survivor's elective share, the court having the proper jurisdiction is empowered to appoint a guardian ad litem and hear proof and to declare or not declare an election, and enter judgment accordingly, subject to appeal.
Acts 1976, ch. 529, § 1; 1977, ch. 25, §§ 4, 5; T.C.A., §§ 31-605, 31-619.

## Nearby sections

- [Tenn. Code Ann. § 31-4-101 Right to elective share](https://www.frixlaw.com/law-library/statutes/STATE_TN_T31_C4_S31-4-101.md)
- [Tenn. Code Ann. § 31-4-102 Proceeding for elective share - Time limit](https://www.frixlaw.com/law-library/statutes/STATE_TN_T31_C4_S31-4-102.md)
- [Tenn. Code Ann. § 31-4-103 Disclosure by personal representative](https://www.frixlaw.com/law-library/statutes/STATE_TN_T31_C4_S31-4-103.md)
- [Tenn. Code Ann. § 31-4-104 Mental incompetency or minority of surviving spouse](https://www.frixlaw.com/law-library/statutes/STATE_TN_T31_C4_S31-4-104.md)
- [Tenn. Code Ann. § 31-4-105 Death of surviving spouse](https://www.frixlaw.com/law-library/statutes/STATE_TN_T31_C4_S31-4-105.md)
- [Tenn. Code Ann. § 31-4-106 Illegitimate marriage as bar to rights and benefits - Section definitions - Evidential standards - Awarding costs - Notice requirement - Liability limited - Barred actions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T31_C4_S31-4-106.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T31_C4_S31-4-104. Check the current official text before relying on it. Not legal advice.