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Aged, Blind and Disabled Manual Policy Manual Number: 110.050 Section: Financial Eligibility Requirements Chapter: ABD Countable and Excluded Resources

September 1, 2026 Division of TennCare 43 20 C.F.R. § 416.1201(c) Tenn. Code. Ann. § 67-5-1008(b)(4)

4. Descent of Homestead/Right to Elective Share (TCA 31-4- 101)

The surviving spouse of an intestate (without a will) decedent who elects against taking an intestate share, or a surviving spouse who elects against a decedent’s will, has the right of election, unless limited by subsection (c) of this same title, to take an elective share amount equal to the value of the decedent’s net estate as defined in subsection (b) of this title. The elective share is determined by the length of time the surviving spouse and the decedent were married to each other. Share of Surviving Spouse and Heirs (TCA 31-2-104) The intestate share of the surviving spouse is:

• If there are no surviving descendants of the decedent, the entire intestate estate; or

• If there are surviving heirs of the descendants, either one-third or a child share’s of the entire intestate estate, whichever is greater.

5. Ownership Interest in Unprobated Estate

An individual may inherit an interest in property which he may sell or transfer even though the estate is still in probate, i.e. the inheritance has not been legally distributed.

Ownership interest in an unprobated estate is substantiated by the will which granted the individual her interest:

• Deceased died Testate (with a will): Review a copy of the will or request that the individual provide a written statement from her attorney itemizing the property in which the individual has an interest. Value each item as is appropriate for its classification, i.e. real estate, personal property, vehicle, etc. The value is a countable resource unless the individual alleges it to be