Tennessee Code 31-4-105 – Death of surviving spouse
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Terms Used In Tennessee Code 31-4-105
- Decedent: A deceased person.
- Personal representative: includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. See Tennessee Code 31-1-101
- Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
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.