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Home→Tools→Beneficiary Designation Checker→Tennessee

Are Beneficiary Designations Protected in Tennessee?

Check how divorce, creditors, and state laws affect your life insurance, retirement accounts, and other beneficiary designations.

Frequently Asked Questions

Beneficiary designations on life insurance, retirement accounts, POD bank accounts, and TOD brokerage accounts determine who receives those assets at death.Tenn. Code Ann. § 32-1-202 (wills); § 31-1-106 (slayer); § 26-2-105 (retirement exemption); §§ 35-12-101 et seq. (TOD securities); § 31-4-101 (elective share)Verified May 27, 2026 These designations override the terms of a will or trust. Outdated designations remain in effect regardless of other estate planning documents.

No. Tennessee does not automatically revoke an ex-spouse as beneficiary upon divorce.Tenn. Code Ann. § 32-1-202 (wills); § 31-1-106 (slayer); § 26-2-105 (retirement exemption); §§ 35-12-101 et seq. (TOD securities); § 31-4-101 (elective share)Verified May 27, 2026 All beneficiary designations on life insurance, retirement accounts, and other assets must be updated manually after a divorce, or the ex-spouse may still receive those assets.

Tennessee provides partial creditor protection for inherited IRAs.Tenn. Code Ann. § 32-1-202 (wills); § 31-1-106 (slayer); § 26-2-105 (retirement exemption); §§ 35-12-101 et seq. (TOD securities); § 31-4-101 (elective share)Verified May 27, 2026 The level of protection may depend on whether the IRA was inherited from a spouse or non-spouse, and whether the case is in state or federal court.

Yes. The federal Employee Retirement Income Security Act (ERISA) preempts state law for employer-sponsored plans such as 401(k)s, pensions, and group life insurance. Even if Tennessee automatically revokes an ex-spouse upon divorce, ERISA-governed plans follow the designation on file with the plan administrator. The Supreme Court confirmed this in Egelhoff v. Egelhoff (2001) and Kennedy v. Plan Administrator (2009).

When no valid beneficiary designation exists, the asset typically passes to the account holder's estate and is distributed through probate under Tennessee's intestacy laws. This can result in delays, additional costs, and the assets going to someone other than the intended recipient. See who inherits with the Tennessee inheritance calculator.

No. Tennessee does not default to per stirpes for beneficiary designations.Tenn. Code Ann. § 32-1-202 (wills); § 31-1-106 (slayer); § 26-2-105 (retirement exemption); §§ 35-12-101 et seq. (TOD securities); § 31-4-101 (elective share)Verified May 27, 2026 If a named beneficiary dies before the account holder, the share typically lapses unless the designation explicitly includes per stirpes language or names contingent beneficiaries.

Beneficiary Rules in Tennessee

In Tennessee, divorce does not change beneficiary designations automatically (NoTenn. Code Ann. § 32-1-202 (wills only)Verified May 27, 2026). Every policy and account — including life insurance, IRAs, and POD accounts — requires a manual update. The life insurance calculator estimates coverage needs for newly single households.

Tennessee is not a community property state, so spousal consent for beneficiary changes on state-governed accounts is generally not required. However, federal ERISA rules still require spousal consent for qualified retirement plans such as 401(k)s and pensions. The inheritance calculator shows how Tennessee divides assets when no valid designation exists.

Tennessee provides Partial creditor protectionTenn. Code Ann. § 26-2-105Verified May 27, 2026 creditor protection for inherited IRAs. State law varies widely on this issue since the Supreme Court's 2014 Clark v. Rameker decision.

The per stirpes default in Tennessee is No. Per stirpes means that if a named beneficiary dies before the account holder, the share passes to that beneficiary's descendants. Without per stirpes language or contingent beneficiaries, a lapsed designation routes assets to the estate. The Tennessee life insurance calculator estimates coverage based on current family needs.

SimplyTrustSimplyTrust Editorial·Updated May 27, 2026

Legal Sources

  • Tenn. Code Ann. § 26-2-105
  • Tenn. Code Ann. § 32-1-202 (wills only)

Data sourced from Tennessee statutes and official state code. How we research.

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In-depth guides covering Tennessee probate laws, trust requirements, and estate planning strategies.

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This tool provides general information about state beneficiary designation laws. It does not constitute legal advice. ERISA-governed plans are subject to federal law which may differ from state law. Consult a licensed attorney for advice specific to your situation.Data verified 2026-05-27

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