Amends TCA Title 30; Title 31; Title 32; Title 34; Title 35 and Title 67.

This bill revises present law provisions governing decedent's estates. Under present law: (1) If the surviving spouse of a decedent who dies without a will elects against taking an intestate share, or a surviving spouse elects against a decedent's will, then the surviving spouse has a right of election to take an elective-share; (2) The surviving spouse may elect to take the spouse's elective share in decedent's property by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within nine months after the date of death; and (3) In the event the surviving spouse dies before the time for electing the elective share expires, the personal representative of the decedent's surviving spouse may make the election on behalf of the deceased spouse. Also, the personal representative may withdraw a demand for an elective share at any time before entry of a final determination by the court. This bill revises the provisions in item (3) above to instead provide the following: (1) If the surviving spouse dies before the time for electing the elective share expires, and the surviving spouse has not waived in writing the right to elect against the deceased spouse's estate pursuant to present law, then the personal representative of the deceased surviving spouse may elect against the deceased spouse's estate on behalf of the deceased surviving spouse's heirs or the beneficiaries of the will of the deceased surviving spouse; (2) The personal representative of the deceased surviving spouse may withdraw an election for an elective share made by the surviving spouse or the personal representative of the deceased surviving spouse's estate at any time before the entry of a final judgment on the surviving spouse's election; (3) The right of election against the estate of the deceased spouse is not an asset of the estate of the surviving spouse; (4) The personal representative of the deceased surviving spouse cannot be required to make the election against the estate of the deceased spouse by any person or entity with an interest in the estate of the deceased surviving spouse; and (5) The personal representative of the deceased surviving spouse is not liable to any person or entity with an interest in the estate of the deceased surviving spouse for loss or damages resulting from the personal representative's discretion to exercise or not exercise the deceased surviving spouse's election rights against the deceased spouse's estate.