What passes outside probate in Tennessee?

Property titled to a funded trust (Tenn. Code Ann. § 35-15-401), property held with a right of survivorship, accounts and policies with a beneficiary designation, and a tangible-property assignment to a trust the statute presumes delivered (Tenn. Code Ann. § 35-15-402(d)).

Does avoiding probate avoid the settlor's creditors in Tennessee?

No. A trust revocable at the death 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)).

Is there a Tennessee inheritance tax on a trust?

No. Tennessee's inheritance tax does not apply to the estate of a decedent who dies in 2016 or later (Tenn. Code Ann. § 67-8-318), and no state estate tax applies beyond it (Tenn. Code Ann. § 67-8-314).

Does naming a beneficiary avoid probate in Tennessee?

Generally yes for that asset — an account or policy with a valid beneficiary or payable-on-death designation passes to the named person outside probate, while property with no beneficiary may still need probate. A life insurance policy or annuity contract made for a spouse, child or dependent relative is also exempt from the insured's creditors (Tenn. Code Ann. § 56-7-203). How each asset is titled decides it; a licensed Tennessee attorney can review the mix. General information, not legal advice.

How to Avoid Probate in Tennessee

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Why people avoid probate

Probate in Tennessee is a court process: it can take months, the filings become a public record, and it adds administrative cost. Passing assets outside probate can be faster, more private, and simpler for your family — though it takes planning while you're alive.

Common ways Tennesseans avoid probate

A funded revocable living Trust

Assets retitled into a revocable living Trust pass to your beneficiaries outside probate, while you keep full control during life. “Funding” — actually transferring assets in — is what makes it work.

Beneficiary, POD & TOD designations

Retirement accounts, life insurance, and many bank and brokerage accounts let you name a beneficiary (or “payable-on-death” / “transfer-on-death”), so they pass directly to that person without probate.

Joint ownership with survivorship

Property owned with a right of survivorship passes to the survivor at death, outside probate. How the deed or the account is titled decides it.

A deed to the trustee, recorded with the register of deeds

Real property passes outside probate when it is deeded to the trust or its trustee before death, the deed recorded with the county's register of deeds (Tenn. Code Ann. § 66-24-101), the trust's terms governing at death; a later change of trustee is recorded the same way (Tenn. Code Ann. § 35-1-101). Whether it fits depends on your facts and is a question for a licensed Tennessee attorney.

Small-estate options

When the decedent's personal property is $50,000 or less and there is no real property to administer, a small estate proceeds on an affidavit filed 45 days after the death, with limited letters and no notice to creditors (Tenn. Code Ann. §§ 30-4-102, 30-4-103) — simpler than a full administration.

The catch: it all depends on titling

A plan only avoids probate for the assets actually titled or designated correctly — a Trust that isn't funded, or an account with no beneficiary, can still end up in probate. Coordinating titling across everything you own is where mistakes happen. This page is general information, not legal advice; a free role check can show you where you stand, and a Tennessee attorney can review your titling.

General information about Tennessee law, not legal advice.

Frequently asked questions

What passes outside probate in Tennessee?: Property titled to a funded trust (Tenn. Code Ann. § 35-15-401), property held with a right of survivorship, accounts and policies with a beneficiary designation, and a tangible-property assignment to a trust the statute presumes delivered (Tenn. Code Ann. § 35-15-402(d)).
Does avoiding probate avoid the settlor's creditors in Tennessee?: No. A trust revocable at the death 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)).
Is there a Tennessee inheritance tax on a trust?: No. Tennessee's inheritance tax does not apply to the estate of a decedent who dies in 2016 or later (Tenn. Code Ann. § 67-8-318), and no state estate tax applies beyond it (Tenn. Code Ann. § 67-8-314).
Does naming a beneficiary avoid probate in Tennessee?: Generally yes for that asset — an account or policy with a valid beneficiary or payable-on-death designation passes to the named person outside probate, while property with no beneficiary may still need probate. A life insurance policy or annuity contract made for a spouse, child or dependent relative is also exempt from the insured's creditors (Tenn. Code Ann. § 56-7-203). How each asset is titled decides it; a licensed Tennessee attorney can review the mix. General information, not legal advice.

General information about Tennessee law, not legal advice.