What does a Tennessee will require?

The testator's signature, signified as the will to two or more attesting witnesses who sign in the testator's presence and in each other's presence (Tenn. Code Ann. § 32-1-104); the witnesses' affidavit before an officer authorized to administer oaths makes it self-proved (Tenn. Code Ann. § 32-2-110).

What does a Tennessee trust require?

A settlor with capacity who indicates an intention to create the trust, a definite beneficiary (or a charitable, animal or purpose trust), a trustee with duties to perform, and the same person not being the sole trustee and sole beneficiary (Tenn. Code Ann. § 35-15-402); a trust is created by a transfer of property, a declaration or an exercise of a power of appointment (Tenn. Code Ann. § 35-15-401).

Which one avoids probate in Tennessee?

Property titled to a funded trust passes under the trust's terms without an estate; property passing by will goes through the probate court of the county (Tenn. Code Ann. § 16-16-201). A trust revocable at the death still answers for the settlor's debts and the estate's costs (Tenn. Code Ann. § 35-15-505(a)(6)), and a will's or a trust's contest window runs from the death — two years for a will from the order admitting it (Tenn. Code Ann. § 32-4-108), two years for a trust from the death or 120 days from a notice (Tenn. Code Ann. § 35-15-604).

Does a will or a revocable trust protect assets from creditors in Tennessee?

Generally neither does on its own. A will directs property at death; during the settlor's life the property of a revocable trust is subject to the settlor's creditors' claims (Tenn. Code Ann. § 35-15-505(a)(1)), and after the death a trust revocable at the death answers for the settlor's debts, the costs of administration and the funeral expenses (Tenn. Code Ann. § 35-15-505(a)(6)). Asset protection in Tennessee — the homestead exemption (Tenn. Code Ann. § 26-2-301) and the retirement and insurance exemptions (Tenn. Code Ann. § 26-2-105; Tenn. Code Ann. § 56-7-203) — is a separate, fact-specific area for a licensed Tennessee attorney.

Tennessee Will vs. Revocable Living Trust: How They Compare

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Tennessee will vs. revocable living Trust, at a glance

What matters	Tennessee will	Revocable living Trust
When it takes effect	Only at death	During life and at death
Tennessee probate	Generally required to take effect	Generally avoided for assets the Trust owns
Privacy	Becomes a public court record	Stays private
If you become incapacitated	Doesn't help — a will operates only at death	A successor Trustee can manage assets for you
Protection from your creditors	No	No — a revocable Trust is not asset protection

Many Tennessee plans use both

A revocable living Trust often holds the major assets to avoid probate and plan for incapacity, while a “pour-over” will catches anything left out and names guardians for minor children. Used together, they cover gaps neither closes alone.

Which is right for you in Tennessee?

There is no single right answer — it depends on your assets, your family, whether incapacity planning matters to you, 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 a Tennessee will require?: The testator's signature, signified as the will to two or more attesting witnesses who sign in the testator's presence and in each other's presence (Tenn. Code Ann. § 32-1-104); the witnesses' affidavit before an officer authorized to administer oaths makes it self-proved (Tenn. Code Ann. § 32-2-110).
What does a Tennessee trust require?: A settlor with capacity who indicates an intention to create the trust, a definite beneficiary (or a charitable, animal or purpose trust), a trustee with duties to perform, and the same person not being the sole trustee and sole beneficiary (Tenn. Code Ann. § 35-15-402); a trust is created by a transfer of property, a declaration or an exercise of a power of appointment (Tenn. Code Ann. § 35-15-401).
Which one avoids probate in Tennessee?: Property titled to a funded trust passes under the trust's terms without an estate; property passing by will goes through the probate court of the county (Tenn. Code Ann. § 16-16-201). A trust revocable at the death still answers for the settlor's debts and the estate's costs (Tenn. Code Ann. § 35-15-505(a)(6)), and a will's or a trust's contest window runs from the death — two years for a will from the order admitting it (Tenn. Code Ann. § 32-4-108), two years for a trust from the death or 120 days from a notice (Tenn. Code Ann. § 35-15-604).
Does a will or a revocable trust protect assets from creditors in Tennessee?: Generally neither does on its own. A will directs property at death; during the settlor's life the property of a revocable trust is subject to the settlor's creditors' claims (Tenn. Code Ann. § 35-15-505(a)(1)), and after the death a trust revocable at the death answers for the settlor's debts, the costs of administration and the funeral expenses (Tenn. Code Ann. § 35-15-505(a)(6)). Asset protection in Tennessee — the homestead exemption (Tenn. Code Ann. § 26-2-301) and the retirement and insurance exemptions (Tenn. Code Ann. § 26-2-105; Tenn. Code Ann. § 56-7-203) — is a separate, fact-specific area for a licensed Tennessee attorney.

General information about Tennessee law, not legal advice.