Tennessee Statutes
§ 31-4-104 — Mental incompetency or minority of surviving spouse
Tennessee·Title 31
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.
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Legislative History
Acts 1976, ch. 529, § 1; 1977, ch. 25, §§ 4, 5; T.C.A., §§ 31-605, 31-619.
Nearby Sections
15
§ 31-1-101
Title definitions§ 31-1-103
§ 31-1-103§ 31-1-104
Descent of homestead§ 31-1-108
Tenancies by the entirety unaffected§ 31-2-101
Intestate estate§ 31-2-102
Dower and curtesy abolished§ 31-2-103
Vesting of estate - Net estate§ 31-2-104
Share of surviving spouse and heirs§ 31-2-106
Representation§ 31-2-107
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