How Do I Avoid Probate in Tennessee?
In Tennessee, a payable on death accountTenn. Code Ann. § 45-2-704(b)(5)(A)Verified Nov 1, 2026View source pass outside probate, as does property in a revocable trust; what is left is the probate estate.
At a death in Tennessee, the sums in a joint account belong to the surviving owner only where the account's own terms provide for survivorshipTenn. Code Ann. § 45-2-703(e)(1)Verified Nov 1, 2026View source. On the pay on death designation: a payable-on-death passes to the named beneficiary at the owner's deathTenn. Code Ann. § 45-2-704(b)(5)(A)Verified Nov 1, 2026View source.
Tennessee's nonprobate-transfer statute does not name an insurance policyTenn. Code Ann. § 35-50-108(a)Verified Nov 1, 2026View source, so whether the death benefit passes to a named beneficiary outside probate rests on other law. A policy with no beneficiary, or one payable to the estate, is part of the probate estate.
An employer plan is governed by federal law: An employer retirement plan pays its death benefit to the beneficiary named in the plan's records, and federal law displaces a state rule that would redirect it. A married participant's spouse is the beneficiary unless the spouse consented in writing to another29 U.S.C. § 1144(a)Verified Nov 1, 2026View source. An IRA is the state's: Tennessee's statute does not name an individual retirement accountTenn. Code Ann. § 35-50-108(a)Verified Nov 1, 2026View source, so whether it passes to its beneficiary outside probate rests on other law. A retirement account with no beneficiary named is part of the probate estate.
Survivorship title in Tennessee: Tennessee law names tenancy by the entirety between spouses and joint tenancy with right of survivorship; a plain joint tenancy carries no survivorship, and a deceased tenant's share passes to the heirs as in a tenancy in common. The register records affidavits in furtherance of identification and title to land, sworn before a notary with the jurat the statute prescribes, and affidavits of heirshipTenn. Code §§ 66-24-101 to 66-24-123, 66-24-201 to 66-24-206, 66-1-107, 66-1-110, 30-2-712, 30-4-102, 31-1-106, 31-3-104, 67-4-409Verified Oct 26, 2026View source. In Tennessee, no statute authorizes a transfer on death deed. A home in the owner's name alone, with no survivor, deed beneficiary or trust, is part of the probate estate.
In Tennessee, no transfer on death designation is titled on a vehicle. A vehicle in the owner's name alone is part of the probate estate; one titled in a revocable trust passes under the trust's terms.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
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Retirement
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Learn moreForms for Planning Your Estate in Tennessee
Free forms for planning your estate in Tennessee: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In Tennessee, a will is signed before 2T.C.A. § 32-1-104Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyT.C.A. § 32-1-104Verified Oct 19, 2026View source.
Codicil to a Will
In Tennessee, a codicil is signed before 2T.C.A. § 32-1-104Verified Oct 19, 2026View source witnesses, like a will; the statute on the witnesses' affidavit names the will aloneT.C.A. § 32-2-110Verified Oct 25, 2026View source.
Healthcare Power of Attorney
Tennessee allows a choice for a healthcare power of attorney: 2Tenn. Code Ann. § 68-11-1805; Tenn. Comp. R. & Regs. 0720-36-.13Verified Oct 15, 2026View source witnesses or a notary.
HIPAA Release
In Tennessee, a HIPAA release names who may receive your records and, as the state requires, names mental health records and substance abuse treatment recordsTenn. Code Ann. §§ 33-3-103, 33-3-104 (Acts 2000, ch. 947, § 1; § 33-3-104 amended by Acts 2004, ch. 565, § 3 and Acts 2013, ch. 238, § 4)Verified Jun 11, 2026View source expressly before a provider releases them.
Financial Power of Attorney
Tennessee requires explicit durability language for a power of attorney to survive incapacityT.C.A. §§ 34-6-101 to 34-6-112; §§ 66-22-101, 66-24-101, 66-26-101, 66-26-103Verified Oct 21, 2026View source, and it is signed with no witness or notary requirementT.C.A. §§ 34-6-101 to 34-6-112; §§ 66-22-101, 66-24-101, 66-26-101, 66-26-103Verified Oct 21, 2026View source.
Living Will
In Tennessee, the living will is the Living WillTenn. Code Ann. §§ 32-11-101 to 32-11-113 (Tennessee Right to Natural Death Act)Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.
Tools for Planning Your Estate in Tennessee
Free tools for planning your estate in Tennessee: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
How Much Does a Will Cost?
An attorney-prepared will in Tennessee runs $903Estimate: 3 hours at $301, Clio's Tennessee Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,806Estimate: 6 hours at $301, Clio's Tennessee Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $24,527T.C.A. § 30-2-317(a)(1) (reasonable compensation to the personal representative's counsel, a first-priority cost of administration); § 30-2-606; no statutory percentageVerified Sep 8, 2026View source.
How Do I Name a Guardian for My Minor Children?
In Tennessee, a parent names a guardian for a minor child in a will or a separate signed writingT.C.A. § 34-2-103 (priority of persons; parent designation in a will or other written document)Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18T.C.A. § 1-3-105(a)(1), (a)(17) (age of majority = 18; minor = under 18); § 34-2-106(a) (guardianship of the person terminates at 18)Verified Sep 16, 2026View source.
Trust or Will: Which Costs Less?
In Tennessee, a will-based plan pays probate attorney fees of typically 1.7%Modeled estimate under T.C.A. § 30-2-317(a)(1) (reasonable compensation to the personal representative's counsel, a first-priority cost of administration); § 30-2-606; no statutory percentage: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.7%Modeled estimate under T.C.A. § 30-2-317(a)(1) (reasonable compensation to the personal representative's counsel, a first-priority cost of administration); § 30-2-606; no statutory percentage: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
How Much Is the Federal Gift Tax?
Whether a gift owes federal gift tax, how much of the annual exclusion and lifetime exemption it uses, and whether Form 709 is due.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in Tennessee runs $3,150Estimate: 10 hours at $315, Clio's Tennessee Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,725Estimate: 15 hours at $315, Clio's Tennessee Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $903Estimate: 3 hours at $301, Clio's Tennessee Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,806Estimate: 6 hours at $301, Clio's Tennessee Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Tennessee, four years at a public university cost about $85,116NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is 8% below the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo Tennessee death tax is payable. The inheritance tax (Tenn. Code Ann. Title 67, ch. 8, pt. 3) remains codified but is switched off: § 67-8-318 (Acts 2012, ch. 1057, § 3) — "This part does not apply in the case of any decedent who died in 2016 or in any subsequent year"; TN DOR — "The inheritance tax is no longer imposed after December 31, 2015. Please DO NOT file for decedents with dates of death in 2016 or after." The separate Tennessee estate tax (Title 67, ch. 8, pt. 2, § 67-8-204) is a federal-credit pickup keyed to the credit "allowable ... by § 2011 of the Internal Revenue Code" (§ 67-8-202(1)); 26 U.S.C. § 2011 was repealed (Pub. L. 113-295 § 221(a)(95)(A)(i)), so that tax computes to $0. The gift tax (pt. 1) likewise does not apply to gifts made on or after Jan. 1, 2012 (§ 67-8-118).Verified Sep 15, 2026View source.
Are My Beneficiary Designations Protected?
Tennessee does not revoke an ex-spouse as beneficiary at divorceTenn. Code Ann. § 32-1-202 (wills only)Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
How Do I Sign Estate Documents?
In Tennessee, a will is signed before 2T.C.A. § 32-1-104Verified Oct 19, 2026View source witnesses, and notarization is not requiredT.C.A. § 32-1-104Verified Oct 19, 2026View source.
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Tennessee Estate Planning Resources
In-depth guides covering Tennessee probate laws, trust requirements, and estate planning strategies.