TN risk area
Complexity triggers in Tennessee
Scenarios that increase estate risk, such as blended families or multi-state property.
Tennessee provides a year’s support for the surviving spouse and minor children that is prioritized over most claims.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- A surviving spouse is entitled to a year’s support from the estate.
- Minor children are entitled to a year’s support if there is no surviving spouse or if the spouse is disqualified.
Questions to consider
Questions this risk area helps you evaluate in Tennessee
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
Tennessee provides a year’s support for the surviving spouse and minor children that is prioritized over most claims.
- A surviving spouse is entitled to a year’s support from the estate.
- Minor children are entitled to a year’s support if there is no surviving spouse or if the spouse is disqualified.
Sources
- https://codes.findlaw.com/tn/title-30-administration-of-estates/tn-code-sect-30-2-101/
- https://law.justia.com/codes/tennessee/title-30/chapter-2/section-30-2-102/
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Tennessee.