Application for Homestead — Action to Set Aside Property So Designated

  1. Law
  2. Tennessee Code
  3. Administration of Estates
  4. Management, Settlement and Distribution
  5. Homestead
  6. Application for Homestead — Action to Set Aside Property So Designated

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  1. The surviving spouse may make application to any one of the courts named in § 30-2-202 in the county where the husband or wife, as the case may be, last resided before death, for the appointment of two (2) freeholders or householders of the county, unconnected by affinity or consanguinity with those interested in the estate of the deceased, to allot and set apart the homestead to the applicant, in connection with the county surveyor, or the surveyor's deputy.
  2. Any action to set aside the property designated in this section shall be brought within the time limits set by § 31-4-102.

Code 1858, § 2411 (deriv. Acts 1849-1850, ch. 77, § 2); Shan., § 4154; mod. Code 1932, § 8371; Acts 1976, ch. 529, § 14; T.C.A. (orig. ed.), § 30-906; Acts 1999, ch. 491, § 3.

Cross-References. Circuit court, partition and distribution, §16-10-109.

Concurrent jurisdiction of chancery court over partition and sales of estates, §16-11-111.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 121.

Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 652, 653.

Tennessee Forms (Robinson, Ramsey and Harwell), Nos. 4-1102, 4-1103.


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