31-4-105 - Death of surviving spouse.

31-4-105. Death of surviving spouse.

In the event the surviving spouse dies after the death of the spouse-testator and 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.

[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.]