# Tenn. Code Ann. § 31-4-105: Death of surviving spouse

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T31_C4_S31-4-105

## Section

- **Citation:** Tenn. Code Ann. § 31-4-105
- **Heading:** Death 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 31-4-105

## Text

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. Amended by 2014 Tenn. Acts, ch. 829, s 2, eff. 4/29/2014. 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.
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.
Amended by 2014 Tenn. Acts, ch. 829, s 2, eff. 4/29/2014.
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.

## 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_S31-4-105. Check the current official text before relying on it. Not legal advice.