Tennessee Laws on Surviving Spouse Rights [Updated 2025]

Losing a spouse can be an emotionally devastating time. As the surviving spouse, you may be left with navigating complex legal and financial matters. It’s important to understand Tennessee laws on surviving spouse rights so you can make informed decisions about estate matters.

Tennessee Laws on Surviving Spouse Rights

Tennessee law provides several rights for surviving spouses. These apply regardless of whether the deceased left a will or died without one. About 67% of Americans do not have a will in place, with 40% of these individuals stating they simply hadn’t gotten to it yet.

• Homestead rights. Under Tennessee law, a surviving spouse is entitled to a homestead exemption, which protects a portion of the decedent’s primary residence from creditors. The value of the homestead exemption can vary. The purpose of this law is to ensure the surviving spouse is not left without shelter after a partner’s passing.
• Years of support. Tennessee provides a year’s support allowance, which gives the spouse and minor children the right to receive financial support from the deceased’s estate for up to a year after the death. The court determines the amount based on the lifestyle and needs of the surviving spouse. This amount takes precedence over any creditor claims.
• Elective share. An elective share is a legal safeguard that ensures a surviving spouse isn’t completely forgotten when it comes to inheritance. Even if a will leaves the spouse little to nothing, the surviving spouse can elect to take a portion of the estate instead. The elective share is calculated based on the length of the marriage.
• Right to personal property. Tennessee laws also entitle surviving spouses to a selection of the deceased’s personal property. This includes household furnishings, clothing, and certain vehicles. The total value falls under statutory limits.

Spousal Rights in Intestate Situations

When someone dies without a will, also known as intestate, Tennessee law steps in with default rules for distributing the estate. If the decedent has no children, the surviving spouse inherits the entire estate. If there is only one child, the estate is split between the spouse and the child equally.

For two or more children, most of the estate goes to the children, but the spouse still receives a portion. Interestingly enough, studies show a trend in individuals choosing to separate assets in a specific manner, rather than equally.

If you don’t create a will, the state’s division of your estate may not match your wishes. Therefore, it’s a great idea to hire an estate planning lawyer to draft a will that outlines how you want your assets handled.

Why You Should Hire an Estate Planning Lawyer

Laws surrounding estates, wills, and spousal rights can be complicated. Many people assume that a will is enough to protect their spouse, but that isn’t always the case. Hiring an estate planning lawyer in Tennessee can ensure you follow the state’s estate planning laws to the letter. This reduces the chance of litigation or probate delays.

Since every family situation is unique, you need to plan for your specific circumstances. An estate planning attorney can design a plan for you that fits your personal and financial situation.

A lawyer can also help you avoid probate, which can be both time-consuming and costly. Lawyers help you set up trusts, transfer-on-death designations, and other necessary legal tools that streamline the process for your spouse and heirs in the aftermath of your death.

Getting help from a Tennessee estate planning attorney can significantly reduce the chance of familial conflict, contests of the will, and any misinterpretations. Legal help gives you the strongest chance of protecting your family and legacy after you’re gone.

Why You Should Choose Emmack Probate and Estate Law Group

To protect your family, property, and peace of mind, you need a team with experience, trustworthiness, and skill to create an estate plan that serves you the way you need. Emmack Probate and Estate Law Group provides years of experience handling estate planning cases across Tennessee.

We pride ourselves on being honest, compassionate, and reliable. Our clients receive customized legal advice from professionals who genuinely care.

FAQs

Does a Surviving Spouse Automatically Inherit Everything in Tennessee?

In Tennessee, a surviving spouse does not always automatically inherit everything. If the deceased had a valid will, the estate is distributed according to the deceased’s wishes. If there is no will, state intestacy laws determine the division, which may split assets between the spouse and other heirs, such as children. The surviving spouse may maintain certain rights, such as support and the right to remain in the marital home.

What Are the Rights of a Wife When the Husband Dies?

When a husband dies, a wife has specific legal rights in Tennessee. These may include the right to an elective share of the estate, support allowance, and the right to remain at the couple’s marital home. The size of the estate and whether there was a will impact the wife’s rights. An experienced estate or probate lawyer can help provide more guidance on each unique situation.

Can a Husband Leave His Wife Out of His Will in Tennessee?

In Tennessee, a husband can omit his wife from the will. However, the law does provide certain protections to the surviving spouse. The wife may be able to claim an elective share of the estate, which lets her take a portion of the assets regardless of what’s stated in her husband’s will. Additionally, she may be entitled to a year’s support and other allowances. Consulting with an estate lawyer ensures these rights are understood and preserved.

What Are the Prior Rights of the Surviving Spouse?

The surviving spouse has some important rights, even if they’re not fully provided in a will. These rights include the elective share, homestead rights, and a year’s financial support. These protections prevent complete disinheritance to provide for the spouse’s basic needs after the spouse’s death. The duration of the marriage impacts this ruling.

Talk to Our Nashville Estate Planning Lawyer

Understanding Tennessee laws on surviving spouse rights is crucial when trying to protect your partner after your death. To take the right steps today, contact Emmack Probate and Estate Law Group to schedule a consultation. Let our team help you navigate estate planning with confidence and clarity.