Are Beneficiary Designations Protected in Tennessee?
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.
A beneficiary designation on life insurance, a retirement account, a payable-on-death bank account or a transfer-on-death brokerage account decides who receives that asset at death, in Tennessee as everywhere. The designation controls over the will or trust, and an outdated one stays in force whatever the other documents say.
No. Tennessee does not automatically revoke an ex-spouse as beneficiary on divorceTenn. Code Ann. § 32-1-202 (wills only)Verified Sep 15, 2026View source. Every designation on life insurance, a retirement account and the other assets is updated by hand after a divorce, or the ex-spouse still receives the asset.
Yes. The federal Employee Retirement Income Security Act (ERISA) preempts state law for an employer-sponsored plan such as a 401(k), a pension or group life insurance: the plan pays the designation on file with the plan administrator, and a qualified plan requires the spouse's consent to name anyone else (Egelhoff v. Egelhoff, 2001; Kennedy v. Plan Administrator, 2009). Tennessee sets no spousal-consent requirement of its own for an individual account.
Tennessee gives inherited IRAs partial protection from creditorsTenn. Code Ann. § 26-2-105Verified Sep 15, 2026View source; the reach can depend on whether the IRA came from a spouse and whether the case is in state or federal court. After Clark v. Rameker (2014), federal bankruptcy law does not protect an inherited IRA on its own.
No. Tennessee does not default to per stirpes for beneficiary designationsTenn. Code Ann. § 32-3-105 (anti-lapse — wills and post-death-irrevocable revocable trusts only)Verified Sep 15, 2026View source: when a named beneficiary dies before the account holder, the share lapses unless the designation says per stirpes or names a contingent beneficiary.
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Divorce
What divorce does and does not undo: beneficiary designations, your will, powers of attorney, and the one account your ex stays on until you change it.
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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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Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
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Serious Diagnosis
A serious diagnosis changes priorities. Healthcare proxies, financial powers of attorney, and the documents that ensure your wishes are honored.
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.
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.
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 Sep 20, 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 Sep 20, 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.
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.
How Much Does Probate Cost?
Probate on a $500,000 estate in Tennessee costs an estimated $24,527T.C.A. § 30-2-317(a)(1) (attorney fees are a first-priority cost of administration — "reasonable compensation to the personal representative and the personal representative's counsel"); see also § 30-2-606. No statutory percentage or fee schedule.Verified Sep 8, 2026View source. Attorney fees run 1.7%T.C.A. § 30-2-317(a)(1) (attorney fees are a first-priority cost of administration — "reasonable compensation to the personal representative and the personal representative's counsel"); see also § 30-2-606. No statutory percentage or fee schedule.Verified Sep 8, 2026View source to 2.7%T.C.A. § 30-2-317(a)(1) (attorney fees are a first-priority cost of administration — "reasonable compensation to the personal representative and the personal representative's counsel"); see also § 30-2-606. No statutory percentage or fee schedule.Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Who Inherits Without a Will?
Without a will in Tennessee, descendants divide what passes to them per capita with representationTenn. Code § 31-2-106Verified Sep 10, 2026View source, and an heir must survive the decedent by 120 hoursTenn. Code § 31-3-108Verified Sep 10, 2026View source to inherit.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living 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 for an individual, against $0 to $549 up front plus a subscription with an online service.
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) (attorney fees are a first-priority cost of administration — "reasonable compensation to the personal representative and the personal representative's counsel"); see also § 30-2-606. No statutory percentage or fee schedule.Verified Sep 8, 2026View source.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
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.
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Tennessee Estate Planning Resources
In-depth guides covering Tennessee probate laws, trust requirements, and estate planning strategies.