What does estate planning cover in Tennessee?

A will (Tenn. Code Ann. § 32-1-104), a revocable living trust (Tenn. Code Ann. §§ 35-15-401, 35-15-602), a pour-over will beside it, an advance directive for health care (Tenn. Code Ann. § 68-11-1803), a durable power of attorney, and the beneficiary designations and survivorship titles that pass property outside probate. Tennessee levies no inheritance or estate tax on a decedent who dies in 2016 or later (Tenn. Code Ann. § 67-8-318).

Does a Tennessee trust need a will too?

Most plans keep a pour-over will for property left outside the trust; without a will, property outside the trust passes by Tennessee's intestacy statute (Tenn. Code Ann. § 31-2-104). 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).

Can this site prepare my Tennessee will or trust?

No. Preparing an instrument affecting secular rights for valuable consideration is law business reserved to licensed attorneys (Tenn. Code Ann. §§ 23-3-101, 23-3-103). These pages explain what each document does; a licensed Tennessee attorney of your choosing prepares them.

What documents are in a typical Tennessee estate plan?

Generally a will, signed before at least two attesting witnesses (Tenn. Code Ann. § 32-1-104), often a revocable trust (Tenn. Code Ann. § 35-15-402), a durable power of attorney for finances, an advance directive for health care that names an agent (Tenn. Code Ann. § 68-11-1803), and sometimes a living will under the Right to Natural Death Act (Tenn. Code Ann. § 32-11-105). The right combination depends on your assets, family and goals; a licensed Tennessee attorney can advise. General information, not legal advice.

Tennessee Estate Planning: Wills, Trusts, Probate

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The building blocks of a Tennessee estate plan

A Tennessee will

A will directs who receives your property and names a personal representative, but it generally must pass through Tennessee probate to take effect. It can also name guardians for minor children.

A revocable living Trust

A revocable living Trust holds your assets during life and passes them to your beneficiaries at death — generally outside probate — while you keep full control and can change it anytime. It is an administration and probate-avoidance tool, not asset protection.

Probate

Probate is the court process that settles a decedent's estate — admitting the will, paying creditors, and distributing what remains. In Tennessee the chancery court, or the county's other court with probate jurisdiction, issues the letters (Tenn. Code Ann. §§ 16-16-201, 30-1-117); the personal representative files an inventory within 60 days (Tenn. Code Ann. § 30-2-301) and the clerk publishes the notice to creditors (Tenn. Code Ann. § 30-2-306); a small estate proceeds by affidavit (Tenn. Code Ann. § 30-4-102), and many plans aim to reduce or avoid probate.

Asset protection

Tennessee protects some property by statute — the homestead and the exempt property after a death (Tenn. Code Ann. § 30-2-201; Tenn. Code Ann. § 30-2-101), a beneficiary's interest in a spendthrift trust (Tenn. Code Ann. § 35-15-502), and the life insurance, annuity and retirement exemptions (Tenn. Code Ann. § 56-7-203; Tenn. Code Ann. § 26-2-105(b)) — but each depends on facts, timing and titling, and a revocable Trust does not by itself shield assets from creditors (Tenn. Code Ann. § 35-15-505(a)(1)). This is an area to review with a Tennessee attorney.

Powers of attorney & advance directives

A complete plan usually also includes a durable power of attorney for finances and an advance directive for health care (Tenn. Code Ann. § 68-11-1803; Tenn. Code Ann. § 32-11-105) — so someone you trust can act for you if you cannot, rather than a conservator the court appoints.

Which plan is right in Tennessee?

There is no single best plan for everyone — the right mix of will, Trust, and directives depends on your assets, your family, and your goals. This page is general information, not legal advice. A free role check can show you where you stand, and a Tennessee attorney can recommend what fits your situation.

General information about Tennessee law, not legal advice.

Frequently asked questions

What does estate planning cover in Tennessee?: A will (Tenn. Code Ann. § 32-1-104), a revocable living trust (Tenn. Code Ann. §§ 35-15-401, 35-15-602), a pour-over will beside it, an advance directive for health care (Tenn. Code Ann. § 68-11-1803), a durable power of attorney, and the beneficiary designations and survivorship titles that pass property outside probate. Tennessee levies no inheritance or estate tax on a decedent who dies in 2016 or later (Tenn. Code Ann. § 67-8-318).
Does a Tennessee trust need a will too?: Most plans keep a pour-over will for property left outside the trust; without a will, property outside the trust passes by Tennessee's intestacy statute (Tenn. Code Ann. § 31-2-104). 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).
Can this site prepare my Tennessee will or trust?: No. Preparing an instrument affecting secular rights for valuable consideration is law business reserved to licensed attorneys (Tenn. Code Ann. §§ 23-3-101, 23-3-103). These pages explain what each document does; a licensed Tennessee attorney of your choosing prepares them.
What documents are in a typical Tennessee estate plan?: Generally a will, signed before at least two attesting witnesses (Tenn. Code Ann. § 32-1-104), often a revocable trust (Tenn. Code Ann. § 35-15-402), a durable power of attorney for finances, an advance directive for health care that names an agent (Tenn. Code Ann. § 68-11-1803), and sometimes a living will under the Right to Natural Death Act (Tenn. Code Ann. § 32-11-105). The right combination depends on your assets, family and goals; a licensed Tennessee attorney can advise. General information, not legal advice.