הטקסט המלא של מדריך זה באנגלית; התקציר שלמעלה בשפתכם. תקצירי החוקים והנוסח האנגלי נשארים המקור המחייב.
קבלו נקודת התחלה מותאמת בתוך דקות.
התחילו את בדיקת התפקיד החינמית- 1
אשרו את תפקידכם
קראו את מסמך הנאמנות כדי לאשר שאתם אכן הנאמן המכהן, אילו סמכויות יש לכם, ומה הנאמנות מורה. שימו לב לכל תיקון או ניסוח מחדש.
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אבטחו את המסמכים
אתרו את מסמך הנאמנות המקורי וכל תיקון, ואספו מסמכים קשורים (שטרי מקרקעין, דפי חשבון, ובמידת הצורך — תעודת פטירה).
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זהו ואבטחו את הנכסים
ערכו מצאי של מה שהנאמנות מחזיקה ונקטו צעדים סבירים להגנה עליו. אל תערבבו את נכסי הנאמנות עם שלכם.
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זהו את המוטבים
קבעו מי הם המוטבים הכשירים. תחובו להם חובות ליידע, ובדרך כלל, לתת דין וחשבון.
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טפלו בהודעות הנדרשות
חוק מדינת טנסי קובע הודעה אחת: בתוך 60 יום מהמאוחר מבין קבלתכם את התפקיד ומימון נאמנות בלתי ניתנת לביטול או נאמנות שאינה מיוחסת ליוצר (Tenn. Code Ann. § 35-15-813(b)(1)), בדואר רגיל או במסירה אישית, לכל מוטב הכנסה נוכחי, לכל מוטב שארית בעל זכות מוקנית ולכל מחזיק לא-נאמן בכוח מינוי. רשמו את יום הקבלה ואת יום מימון הנאמנות.
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אל תמהרו בחלוקות
הבינו את תנאי הנאמנות ואת חובותיכם לפני שאתם משלמים למישהו. חלוקות מוקדמות או שגויות הן מקור נפוץ לאחריות הנאמן.
התשובה הקצרה · 10 דק' קריאה
Named as trustee in Tennessee? Read the instrument, decide whether to accept (Tenn. Code Ann. § 35-15-701), and record the day you accept and the day the trust was funded: they start the 60-day initial notice to the current income beneficiaries, vested remainder beneficiaries and power holders (§ 35-15-813(b)). Outside Tennessee, file the Secretary of State appointment first (§ 35-50-107). Secure the property and keep the record (§ 35-15-810).
נבדק לאחרונה מול חוקי טנסי ועודכן ב-2026-10-28.
Before you act: read, then decide
Being named is not accepting. A designated trustee accepts by substantially complying with the method the terms provide or, where they provide none or it is not exclusive, by accepting delivery of the trust property, exercising powers, performing duties or otherwise indicating acceptance; a designee who does not accept within a reasonable time after knowing of the designation and the assets is deemed to have rejected the office, and may act to preserve the property before deciding if a rejection follows within a reasonable time (Tenn. Code Ann. § 35-15-701).
Read the trust instrument and every amendment. A trust created under an instrument executed on or after July 1, 2004 is revocable unless its terms expressly make it irrevocable (Tenn. Code Ann. § 35-15-602(a)), and while it is revocable the trustee's duties run to the settlor alone (Tenn. Code Ann. § 35-15-603(a)). A trust existing on or executed after July 1, 2004 need not be executed with a will's formalities to dispose of property at death (Tenn. Code Ann. § 35-15-601).
Read it for what it asks of you: who the beneficiaries are and what each receives, whether distributions are mandatory, for support or discretionary (Tenn. Code Ann. § 35-15-103(11)), whether a trust advisor or trust protector directs any part of the work (Tenn. Code Ann. § 35-15-1201), what it says about compensation (Tenn. Code Ann. § 35-15-708), and whether it changes the code's information duties (Tenn. Code Ann. § 35-15-813(e)). A term you do not understand is the first question for a licensed Tennessee attorney of your choosing, before you act on it.
The dates that start the clocks
The initial notice counts 60 days from the later of two facts — the acceptance and the funding of the trust beyond a nominal corpus (Tenn. Code Ann. § 35-15-813(b)(1)). A trust funded in the settlor's life makes your acceptance the later fact; a trust funded after the death by a pour-over will or a beneficiary designation counts from the funding. The death itself starts the two-year contest window (Tenn. Code Ann. § 35-15-604(a)(1)) and the twelve-month bar on claims against the settlor (Tenn. Code Ann. § 30-2-310(a)). Record each date the day you learn it.
If you live outside Tennessee, the appointment of the Secretary of State as your agent for service of process comes before any act as trustee, with the $10 fee (Tenn. Code Ann. § 35-50-107(b)(2)).
The documents to find in the first week
The trust instrument and every amendment; any will and codicil; the death certificate; the deeds to real property; the account statements; the beneficiary designations on insurance and retirement accounts; the settlor's recent tax returns and correspondence; any written direction of the settlor, a trust advisor or a trust protector about the information duties (Tenn. Code Ann. § 35-15-813(e)). A person holding the settlor's will mails or delivers it to the named personal representative on learning of the death, with a copy to the clerk (Tenn. Code Ann. § 32-1-113).
Assets by how they are titled
List each asset by its title: in the trust's name; in the settlor's name alone (an estate asset, or a small estate's under Tenn. Code Ann. §§ 30-4-102 and 30-4-103); joint with survivorship; payable on death; or with a beneficiary designation. Record each asset's value at the death. Real estate and registered accounts belong to the trust only if a deed was recorded or the registration completed in the trust's or the trustee's name — a recital in the instrument alone does not transfer them (Tenn. Code Ann. § 35-15-402(d)(1)). Where the settlor signed a written assignment of tangible personal property to the trust, the trustee may presume that no revocation or amendment of it exists if none was delivered within six months after the death (Tenn. Code Ann. § 35-15-402(d)(3)(B)) — record the writing and its date, and any written list of items the trust refers to (Tenn. Code Ann. § 35-15-605).
The beneficiaries, by the statute's classes
List the beneficiaries as the instrument names them, and sort them by the classes the code uses: the current income beneficiaries and the vested ultimate remainder beneficiaries who receive the initial notice (Tenn. Code Ann. § 35-15-813(b)); the current distributees the trustee keeps informed (§ 35-15-813(a)(1)); the qualified beneficiaries who receive the resignation, transfer and discharge notices and may request information (Tenn. Code Ann. § 35-15-103(25)) — never an ultimate beneficiary who takes only if every other beneficiary fails ((25)(D)). A charity expressly designated to receive distributions has a qualified beneficiary's rights (Tenn. Code Ann. § 35-15-110(a)); notice to a representative is notice to the beneficiary (Tenn. Code Ann. § 35-15-301). Who is in each class on a date is a question for a licensed Tennessee attorney of your choosing.
מועדי הנאמן בטנסי: מה קובעים החוקים
נבדק מול חוקי טנסי בתאריך 2026-10-28. מידע כללי, לא ייעוץ משפטי; הנוסח הרשמי קובע.
| מתי | תזמון | מה קובע החוק | למי | סעיף |
|---|---|---|---|---|
| You are named trustee and act on it | No day-count. Acceptance is by the instrument's method or by conduct; the initial notice runs from the later of it and the funding. | Accept by substantially complying with a method of acceptance the terms of the trust provide or, where they provide none or the method is not expressly exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance. | — | Tenn. Code Ann. § 35-15-701(a) ↗ |
| You are named trustee and do not want the office | A designee who does not accept within a reasonable time after knowing of the designation and the assets is deemed to have rejected it. | A designee who has not accepted may reject; without accepting, a designee may act to preserve the trust property if a rejection is sent within a reasonable time to the settlor or, where the settlor is dead or lacks capacity, to a qualified beneficiary, and may inspect the property for environmental or other liability. | — | Tenn. Code Ann. § 35-15-701(b), (c) ↗ |
| You will serve as trustee and you are not a Tennessee resident | Before acting as trustee. | A nonresident individual may serve as trustee; before acting, the fiduciary files with the Secretary of State a writing appointing the Secretary of State as agent for service of process, identifying the trust and stating the fiduciary's street address, with the $10 filing fee. | The Secretary of State | Tenn. Code Ann. § 35-50-107(b)(2) ↗ |
| You accept | At once and throughout; no day-count. | Administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries; solely in the beneficiaries' interests (Tenn. Code Ann. § 35-15-802(a)) and impartially among them (Tenn. Code Ann. § 35-15-803). | — | Tenn. Code Ann. § 35-15-801 ↗ |
| You accept | No day-count; reasonable steps, promptly. | Take reasonable steps to take control of and protect the trust property; keep adequate records, keep the property separate and have it designated as the trust's in third-party records (Tenn. Code Ann. § 35-15-810); compel a former trustee to deliver property and redress a known breach (Tenn. Code Ann. § 35-15-812). | — | Tenn. Code Ann. § 35-15-809 ↗ |
| You accept, or the trust receives assets | Within a reasonable time; no day-count. | Review the trust assets and make and implement decisions about their retention and disposition, to bring the portfolio into compliance with the trust's purposes, terms, distribution requirements and other circumstances — the prudent investor rule, unless the terms provide otherwise (Tenn. Code Ann. § 35-14-103). | — | Tenn. Code Ann. § 35-14-106 ↗ |
| The trust is irrevocable or nongrantor, you have accepted, and the trust has been funded beyond a nominal corpus | Within 60 days after the acceptance and the funding of the trust — the later of the two. | Notify the recipients that the trust has been established — nominal funding for the trust to have corpus and the depositing of insurance policies on the life of a living person excluded. A default rule the terms, or a written direction of a living settlor, trust advisor or trust protector, may change (Tenn. Code Ann. § 35-15-813(e)); not for a trust irrevocable before July 1, 2004 ((f)). | Each current income beneficiary, each vested ultimate beneficiary of a remainder interest and anyone who, in a capacity other than that of a fiduciary, holds a power of appointment (Tenn. Code Ann. § 35-15-813(b)(1)) — or the representative of one (Tenn. Code Ann. § 35-15-301); never an ultimate beneficiary who takes only if every other beneficiary fails (Tenn. Code Ann. § 35-15-103(25)(D)). | Tenn. Code Ann. § 35-15-813(b)(1) ↗ |
| You send the initial notice | With the notice. | Either a complete copy of the document establishing the trust together with the trustee's name, address and telephone number, or an abstract — in the trustee's absolute discretion. The abstract contains each trustee's name, address and telephone number; for a current income beneficiary, the number of other current income beneficiaries, whether income distributions are required or discretionary, whether principal may be distributed and for what purposes, and estimates of the trust's distributable value and of the beneficiary's distributable income; for a remainder beneficiary, the number of other remainder beneficiaries, an estimate of the trust's value and the conditions to distribution; for a power holder, the information necessary or beneficial to deciding whether to exercise the power. | — | Tenn. Code Ann. § 35-15-813(b)(2), (3) ↗ |
| You send the initial notice | By the statute's two methods. | The notice is sent by first-class mail or personal delivery. The general methods of notice — a properly directed electronic message and electronic provision with consent in a record among them — are Tenn. Code Ann. § 35-15-109(a)(2)'s for other notices. | — | Tenn. Code Ann. § 35-15-813(b)(2)(A) ↗ |
| A current income interest terminates | The same notice, to the persons who then take; no day-count stated. | On the termination of a current income interest, the trustee gives the notice of subsection (b) to the beneficiaries who take. | — | Tenn. Code Ann. § 35-15-813(c) ↗ |
| You administer the trust | Throughout; no periodic report is required by statute. | Keep the beneficiaries who are current mandatory or permissible distributees of trust income or principal reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests; a separate share's trustee informs that share's beneficiaries. | — | Tenn. Code Ann. § 35-15-813(a)(1) ↗ |
| A qualified beneficiary, or a nonfiduciary power holder, asks for information related to the administration | Within a reasonable amount of time, unless unreasonable under the circumstances. | Respond to the request; the qualified beneficiary reimburses the trustee's reasonable expenses of responding. The trustee may require a confidentiality agreement before releasing information about a restricted asset ((g)). | — | Tenn. Code Ann. § 35-15-813(a)(2), (3) ↗ |
| A beneficiary waives a report or information | Effective until withdrawn as to the future. | Any beneficiary may waive the right to a report or other information and may withdraw the waiver with respect to future reports or information; a nonfiduciary power holder the same. | — | Tenn. Code Ann. § 35-15-813(d) ↗ |
| The terms of the trust, or a living settlor, trust advisor or trust protector, change the information duties | As the terms or the written direction provide; a settlor's direction ends at the settlor's death or incapacity. | The duties of the section are default rules: the terms, or a written direction delivered to the trustee, may change them, and the settlor may designate a representative to receive the reports and information in a beneficiary's place. | — | Tenn. Code Ann. § 35-15-813(e) ↗ |
| The trust is revocable and the settlor has capacity | While both are so. | The rights of the beneficiaries are subject to the settlor's control, and the duties of the trustee are owed exclusively to the settlor; the trustee may follow the settlor's direction contrary to the terms (Tenn. Code Ann. § 35-15-808(a)); the settlor may remove and appoint trustees by written notice (Tenn. Code Ann. § 35-15-606). | — | Tenn. Code Ann. § 35-15-603(a) ↗ |
| A person other than a beneficiary asks for the trust instrument | No day-count; in place of the instrument. | Furnish a certification of trust signed by the trustees with signatory authority and attested by a notary public, with the nine items the statute lists — the trust's identification number only if essential to the transaction — and the statement that the trust has not been revoked, modified or amended in a manner that would make the representations incorrect; the trustee may provide copies of all or part of the instrument, and a third party may ask for additional information to clarify an ambiguity before contracting. | — | Tenn. Code Ann. § 35-15-1013 ↗ |
| The settlor of a trust revocable at the death dies | Two years after the death — or 120 days after the trustee sends a person a copy of the instrument and the statutory notice, whichever is earlier for that person. | A person commences a judicial proceeding to contest the validity of the trust within the earlier of the two; the notice informs the person of the trust's existence, of the trustee's name and address, and of the time allowed. The trustee may distribute after the death, but is not protected where a contest is pending or a potential contestant's notice is followed by a proceeding within 60 days ((b)). | — | Tenn. Code Ann. § 35-15-604(a) ↗ |
| The settlor dies — a trust revocable at the death | No trustee's clock: the trust answers for the claims the estate's bars leave open. | After the death, and subject to the settlor's right to direct the source of payment, the property of a trust that was revocable at the death is subject to the claims of the settlor's creditors, the costs of administration of the estate and the expenses of the funeral and disposal of remains; a claim barred against the estate is barred against the trust, its trustee and its beneficiaries. Tennessee gives a trustee no publication of its own. | — | Tenn. Code Ann. § 35-15-505(a)(6) ↗ |
| The settlor dies — whether or not an estate is opened | Twelve months after the death, taxes excepted. | All claims against the decedent are barred twelve months from the date of death, whether or not notice to creditors was published; the Bureau of TennCare's claim has its own windows ((c)): with a notice received within twelve months of the death, the later of twelve months from the death or four months from the receipt; without one, 48 months from the death. | — | Tenn. Code Ann. § 30-2-310(a), (b) ↗ |
| You take a fee | Before any fee is taken; no day-count. | Compensation as the terms specify, with the court's power to allow more or less, or reasonable compensation under the circumstances unless a living settlor or a majority of the qualified beneficiaries agreed otherwise; a regulated institution's published schedule is presumed reasonable; expenses properly incurred are reimbursed with interest (Tenn. Code Ann. § 35-15-709). | — | Tenn. Code Ann. § 35-15-708 ↗ |
| You decide to resign | At least 30 days' notice, or the court's approval. | Resign on at least 30 days' notice to the qualified beneficiaries, the settlor if living, and all cotrustees, or with the court's approval; resignation does not discharge liability for acts or omissions (Tenn. Code Ann. § 35-15-705(c)). | The qualified beneficiaries, the settlor if living, and all cotrustees | Tenn. Code Ann. § 35-15-705(a) ↗ |
| You have resigned or been removed | Within a reasonable time; the duties continue until delivery. | Unless a cotrustee remains or the court orders otherwise, a trustee who has resigned or been removed keeps the duties of a trustee and the powers necessary to protect the trust property until it is delivered to a successor or other person entitled to it, and delivers it within a reasonable time. | — | Tenn. Code Ann. § 35-15-707 ↗ |
| A trustee resigns or is removed without a court proceeding, and real estate is trust property | The departing trustee records; if not within 30 days, the successor or remaining trustee records. | Record in the office of the register of deeds of each county where trust real estate lies an instrument reciting the resignation or removal, the name and address of the successor or remaining trustee and each parcel; a court's order of resignation, removal or appointment, or an acknowledged memorandum of it, is recorded the same way ((a)). | The register of deeds of each county where trust real estate lies | Tenn. Code Ann. § 35-1-101(b) ↗ |
| You propose to move the trust's principal place of administration | Notice not less than 60 days before the transfer, with an objection date not less than 60 days after the notice. | Notify the qualified beneficiaries of the proposed transfer, the new jurisdiction, the trustee's new address and telephone number, the reasons, the anticipated date and the objection date; an objection by a majority of the qualified beneficiaries ends the authority to transfer. | The qualified beneficiaries | Tenn. Code Ann. § 35-15-108(e), (f) ↗ |
| The trustee and all qualified beneficiaries propose to modify or terminate the trust during the settlor's life | Notice to the settlor not less than 60 days before. | The settlor receives notice of the proposed modification or termination, its reasons, the anticipated date and an objection date not less than 60 days after the notice; after the settlor's death the trustee and the qualified beneficiaries may agree, or the court may act with the dissenter protected ((b), (c)). | The settlor | Tenn. Code Ann. § 35-15-411(a) ↗ |
| The trust's property is less than $250,000, or the trustee's scheduled fee reaches the statute's percentage | After notice to the qualified beneficiaries; no day-count stated. | The trustee may terminate the trust where the value of the property is insufficient to justify the cost of administration, after notice to the qualified beneficiaries; the court may modify or terminate it, or remove the trustee and appoint another, on the same ground ((b)). | The qualified beneficiaries | Tenn. Code Ann. § 35-15-414(a) ↗ |
| The office of a trust advisor or trust protector becomes vacant | 60 days after the trustee learns of the vacancy, no liability for not exercising the power. | Where the office is vacant, the power vests in the trustee, who is not liable for failing to exercise it during the 60 days after learning of the vacancy; a modification of an existing fiduciary's duties under an allocation takes effect 30 days after written notice is received unless waived (Tenn. Code Ann. § 35-15-716). | — | Tenn. Code Ann. § 35-15-713 ↗ |
| The trust terminates, or you are removed or resign | Within a reasonable time, with a reasonable reserve. | Distribute the trust property to the persons entitled to it within a reasonable time, subject to the right to retain a reasonable reserve for the payment of debts, expenses, attorney fees and taxes. | The persons entitled to the trust property | Tenn. Code Ann. § 35-15-817(a) ↗ |
| You give the discharge notice on a termination, partial termination, resignation or removal | Each recipient has 45 days after receipt to object, receipt presumed five business days after mailing; the statement dated within 30 days; a period of at most three years. | The notice carries a statement of the trust's assets and liabilities at fair market value dated within 30 days, the receipts and disbursements with their sources and payees for a period of at most three years, the remaining fees and the statutory warning; a recipient who does not deliver a specific written objection within 45 days after receipt is barred from the claims the section names, with the preclusive effect Tenn. Code Ann. § 35-15-1005(e) states. | The living grantor, each qualified beneficiary or conflict-free representative, every other serving trustee, trust advisor and trust protector | Tenn. Code Ann. § 35-15-817(c)–(k) ↗ |
| You send a beneficiary information that adequately discloses facts indicating a potential claim, or the beneficiary learns them | One year after the earlier of the sending and actual knowledge. | A beneficiary may not commence a proceeding against the trustee for breach of trust more than one year after that date; information adequately discloses the facts where it provides sufficient information that the beneficiary knows of the potential claim or should have inquired into its existence; electronic access with consent in a record is actual knowledge as the section states ((f)). | — | Tenn. Code Ann. § 35-15-1005(a), (b) ↗ |
| No adequate disclosure or actual knowledge starts the one-year period | Three years after the earliest of the trustee's removal, resignation or death, the end of the beneficiary's interest, or the trust's termination. | Where subsection (a) does not apply, a judicial proceeding against the trustee is commenced within the three years; a court-approved accounting and a compliant discharge notice with no timely objection have the preclusive effect subsection (e) states. | — | Tenn. Code Ann. § 35-15-1005(c) ↗ |
| A trustee gives notice of a proposed action under the Tennessee Uniform Principal and Income Act's procedure | At least 60 days to object after the notice is mailed. | The notice states the proposed action, the time within which an objection may be made and the other statements the section requires; an adult beneficiary who does not object within the time is bound as the section provides. | The adult income and principal beneficiaries | Tenn. Code Ann. § 35-6-105(d) ↗ |
| A person has custody of the decedent's will and learns of the death | On knowledge of the death; no day-count. | Mail or deliver the will to the personal representative named in it, with a copy to the clerk of the court having probate jurisdiction, or the original to the clerk where no personal representative is named, known or willing; a living testator may deposit a sealed will with the court where the clerk has a vault (Tenn. Code Ann. § 32-1-112). | The named personal representative; the clerk of the probate court | Tenn. Code Ann. § 32-1-113 ↗העיזבון הקשור |
| An estate is to be opened for the decedent | No statutory day-count; letters issue on the petition. | The petition for letters is verified and states the items the section lists, including whether the decedent owned a business; the county's probate court — the chancery court unless a private act provides otherwise (Tenn. Code Ann. § 16-16-201) — issues the letters. | — | Tenn. Code Ann. § 30-1-117 ↗העיזבון הקשור |
| Letters issue | Within 60 days after entering on the administration. | The personal representative files a verified inventory of the estate's property with the clerk, unless the will excuses it or the heirs and legatees waive it as the section provides. | The clerk of the probate court | Tenn. Code Ann. § 30-2-301(a) ↗העיזבון הקשור |
| Letters issue | Within 60 days. | The personal representative sends each beneficiary a complete copy of the will, or each heir the letters, and files the statutory affidavit; where the will leaves the residue to a trustee, a complete copy to the trustee, who sends copies to the trust's beneficiaries under Title 35; the TennCare affidavit is filed with the court. | The beneficiaries or heirs; the trustee of a residuary trust | Tenn. Code Ann. § 30-2-301(b) ↗העיזבון הקשור |
| Letters issue | Within 60 days of letters; the release before the estate closes. | The personal representative gives the Bureau of TennCare the notice on its published form, by certified mail or as the Bureau designates, and obtains the Bureau's release of any claim before the estate is closed. | The Bureau of TennCare | Tenn. Code Ann. § 71-5-116(d), (c) ↗העיזבון הקשור |
| Letters issue | The clerk publishes within 30 days after the grant of letters, unless letters issue more than one year after the death. | The clerk publishes the notice to creditors in the statutory form, once a week for two consecutive weeks in a newspaper of the county or by posting where none exists; the personal representative mails or delivers a copy to each creditor known or reasonably ascertainable. | The decedent's creditors | Tenn. Code Ann. § 30-2-306(a), (d), (e) ↗העיזבון הקשור |
| The clerk's notice is first published, or a creditor receives actual notice | Four months from the first publication — or 60 days from the receipt for a creditor given actual notice fewer than 60 days before that date. | A claim not filed with the clerk within the period is barred against the estate — and, by Tenn. Code Ann. § 35-15-505(a)(6), against a trust that was revocable at the death. | — | Tenn. Code Ann. §§ 30-2-306(b), 30-2-307(a) ↗העיזבון הקשור |
| The personal representative qualifies | Within fifteen months after qualification, then annually, or the statement in lieu. | The personal representative makes an accounting with the clerk of the estate's receipts and disbursements, or files the statement in lieu of an accounting where the statute allows. | The clerk of the probate court | Tenn. Code Ann. § 30-2-601(a) ↗העיזבון הקשור |
| The estate's personal property is $50,000 or less and there is no real property to administer | An affidavit filed 45 days after the death; limited letters to the first anniversary. | The small estate proceeds on the affiant's sworn affidavit with the court of the county of the decedent's residence, with limited letters and no notice to creditors; the affiant answers for the property as the chapter provides. | The court of the county of the decedent's residence | Tenn. Code Ann. §§ 30-4-102, 30-4-103 ↗העיזבון הקשור |
| A surviving spouse elects against the will | A petition within nine months after the death, extendable during litigation over the will. | The elective-share amount is 10, 20, 30 or 40 percent of the net estate by the length of the marriage, reduced by the value of everything that passed to or for the spouse from the decedent's gross estate; the exempt property up to $50,000 (Tenn. Code Ann. § 30-2-101), the year's support (Tenn. Code Ann. § 30-2-102) and the homestead (Tenn. Code Ann. § 30-2-201) stand beside it. | The probate court | Tenn. Code Ann. §§ 31-4-101, 31-4-102 ↗העיזבון הקשור |
| A will is admitted to probate | Two years after the order admitting it. | A proceeding to contest the validity of the will is brought within the two years, with the statute's exceptions for a person under disability. | — | Tenn. Code Ann. § 32-4-108 ↗העיזבון הקשור |
| The decedent's gross estate exceeds the federal basic exclusion amount, or a return is filed to elect portability | Nine months after the death; no Tennessee inheritance or estate tax applies (Tenn. Code Ann. §§ 67-8-314, 67-8-318). | The federal estate tax return (Form 706) is filed by the personal representative, or by the trustee where none is appointed; an extension of time to file does not extend the time to pay. | The Internal Revenue Service | 26 U.S.C. § 6075(a) ↗פדרלי |
| The trust has taxable income, or gross income of $600 or more, in a tax year | By the federal due date for the trust's tax year; Tennessee levies no tax on a trust's income (Tenn. Code Ann. § 67-2-124). | The trustee files the federal fiduciary income tax return (Form 1041) with the beneficiaries' Schedules K-1; each year's edition, with its due date and estimated-payment rules, is read when it is issued. | The Internal Revenue Service | 26 U.S.C. § 6012(a)(4) ↗פדרלי |
The estate and the creditors
Property outside the trust passes through an estate, whose clocks are the personal representative's: the inventory and the beneficiaries' copies within 60 days (Tenn. Code Ann. § 30-2-301), the clerk's notice to creditors within 30 days after letters and the four-month and 60-day bars (Tenn. Code Ann. §§ 30-2-306, 30-2-307), TennCare's notice and release (Tenn. Code Ann. § 71-5-116). The trust answers for the settlor's debts, the costs of administration and the funeral expenses, and a claim barred against the estate is barred against the trust (Tenn. Code Ann. § 35-15-505(a)(6)); every claim is barred twelve months after the death (Tenn. Code Ann. § 30-2-310(a)). Record every creditor's letter with its date.
Money, taxes and the record from day one
Open an account titled to the trust and keep the trust property separate from your own (Tenn. Code Ann. § 35-15-810); keep adequate records of every receipt and disbursement, with the source or the payee. A report you choose to send is organized from that ledger; a report that adequately discloses facts indicating a potential claim starts the one-year period of Tenn. Code Ann. § 35-15-1005. Before any fee, record the hours and the work: compensation is as the terms provide, or as the living settlor or a majority of the qualified beneficiaries agreed, or reasonable under the circumstances (Tenn. Code Ann. § 35-15-708).
Once the settlor has died the trust is usually its own taxpayer: it obtains a federal employer identification number for the account and files the federal fiduciary income tax return (Form 1041) by tax year. Tennessee's inheritance tax does not apply to a decedent who dies in 2016 or later (Tenn. Code Ann. § 67-8-318), and the state's tax on income from stocks and bonds is gone for tax years from 2021 (Tenn. Code Ann. § 67-2-124); the federal estate tax return is due nine months after the death where the estate is large enough to need one. Within a reasonable time after accepting, review the investments and decide what to keep and what to sell (Tenn. Code Ann. § 35-14-106).
The checklist, printable
The first ninety days, in order; each line is a record entry with its date.
- Read the instrument and every amendment; note the beneficiaries, the distribution terms and any trust advisor or protector.
- Accept or reject, and record the date and the way (Tenn. Code Ann. § 35-15-701).
- Outside Tennessee? File the Secretary of State appointment, with the $10 fee, before acting (Tenn. Code Ann. § 35-50-107(b)(2)).
- Order certified death certificates; gather the will, the deeds, the statements and the designations.
- Secure the house, the vehicles and the valuables; keep the insurance in force (Tenn. Code Ann. § 35-15-809).
- List every asset by title, with its value at the death (Tenn. Code Ann. § 35-15-402(d)).
- Obtain the trust's tax number and open the trust account (Tenn. Code Ann. § 35-15-810).
- Sign a certification of trust for the institutions (Tenn. Code Ann. § 35-15-1013).
- Send the initial notice within 60 days after the acceptance and the funding, and keep the proof of mailing (Tenn. Code Ann. § 35-15-813(b)).
- Log each creditor's letter; coordinate with the personal representative where an estate is opened (Tenn. Code Ann. § 35-15-505(a)(6)).
- Calendar the twelve-month claims bar and the two-year contest window from the death (Tenn. Code Ann. §§ 30-2-310(a), 35-15-604(a)).
- Hold a reserve before any distribution (Tenn. Code Ann. § 35-15-817(a)).
What to avoid in the first months
The early mistakes are the expensive ones.
- Distributing before the debts and the contest window are known — a distribution can have to be returned where a contest succeeds (Tenn. Code Ann. § 35-15-604(c)).
- Transactions with yourself or a relative, which the duty of loyalty presumes conflicted (Tenn. Code Ann. § 35-15-802(c)).
- Mixing trust and personal money, even for a day (Tenn. Code Ann. § 35-15-810).
- Sending the initial notice by e-mail: the statute names first-class mail or personal delivery (Tenn. Code Ann. § 35-15-813(b)(2)(A)).
- Paying yourself before the compensation is settled under the terms or the statute (Tenn. Code Ann. § 35-15-708).
- Selling the house or the business before the beneficiaries know and the value is documented (Tenn. Code Ann. §§ 35-15-801, 35-15-813(a)).
When a licensed Tennessee attorney is the right next call
An instrument you cannot follow, an estate that has to be opened, a beneficiary who threatens a contest, a creditor's claim you dispute, a surviving spouse's election, a TennCare notice, or real estate to sell — each turns on the instrument and the facts. TrusteeClear organizes your record and your dates; the legal judgment belongs to a licensed Tennessee attorney of your choosing.
צעד אחר צעד
- 1
Read the instrument and decide
Read the trust and every amendment; accept by the instrument's method or by conduct, or reject — and record the date and the way (Tenn. Code Ann. § 35-15-701).
- 2
File the nonresident appointment if you live outside Tennessee
Before acting, appoint the Secretary of State as your agent for service of process, with the $10 fee (Tenn. Code Ann. § 35-50-107(b)(2)).
- 3
Record the dates
The acceptance, the funding, the death and the instrument's signing — the initial notice counts from the later of the first two (Tenn. Code Ann. § 35-15-813(b)).
- 4
Gather the documents
The instrument, the amendments, the will, the death certificate, the deeds, the statements and the beneficiary designations.
- 5
List the assets by title
Trust-titled, estate, survivorship, payable on death and designated — with each value at the death.
- 6
List the beneficiaries by class
Current income beneficiaries, vested remainder beneficiaries, power holders, current distributees and qualified beneficiaries (Tenn. Code Ann. §§ 35-15-103, 35-15-813).
- 7
Secure the property and open the record
Take control, separate the money and keep the ledger (Tenn. Code Ann. §§ 35-15-809, 35-15-810).
- 8
Prepare the initial notice with your attorney
A complete copy or an abstract, by first-class mail or personal delivery, within 60 days after the acceptance and the funding (Tenn. Code Ann. § 35-15-813(b)).
שאלות נפוצות
I was named trustee of a Tennessee trust. Do I have to serve?
No. A designee may reject the office, and one who does not accept within a reasonable time after knowing of the designation and the assets is deemed to have rejected it (Tenn. Code Ann. § 35-15-701(b)).
What are the two dates that matter most for a new Tennessee trustee?
The day you accepted and the day the trust was funded beyond a nominal corpus: the initial notice runs 60 days from the later of them (Tenn. Code Ann. § 35-15-813(b)(1)). The death starts the contest window and the twelve-month claims bar.
Do I need the trust's tax identification number on the certification of trust?
Only if it is essential to the transaction (Tenn. Code Ann. § 35-15-1013(a)(7)); the certification otherwise carries the other eight items, the trustees' signatures and a notary's attestation.
What is the first thing a successor trustee should do in Tennessee?
Read the instrument and decide whether to accept, then record the date: the initial notice runs 60 days after the acceptance and the funding (Tenn. Code Ann. §§ 35-15-701, 35-15-813(b)). Securing the property comes next (Tenn. Code Ann. § 35-15-809).
Does a successor trustee need a lawyer in Tennessee?
No statute requires one. A trustee may hire agents, attorneys among them, with care in choosing and overseeing them, and pay them from the trust (Tenn. Code Ann. §§ 35-15-807, 35-15-816(b)(15)); a licensed Tennessee attorney of your choosing answers what the instrument and the facts require.
Can a new trustee distribute money to the beneficiaries right away?
The statute allows distribution after the death and protects the trustee unless a contest is known to be pending or was threatened in writing and filed within 60 days (Tenn. Code Ann. § 35-15-604(b)); a reasonable reserve for debts, expenses and taxes comes first (Tenn. Code Ann. § 35-15-817(a)).
Is probate still needed if there is a trust in Tennessee?
Only for property outside the trust: what was in the settlor's name alone passes by the will or by intestacy through the probate court (Tenn. Code Ann. § 16-16-201), and a small estate of $50,000 or less in personal property may use the affidavit procedure (Tenn. Code Ann. §§ 30-4-102, 30-4-103).
מידע כללי על חוק טנסי, לא ייעוץ משפטי, ושימוש בעמוד זה אינו יוצר יחסי עורך דין-לקוח.