Do I Need a Trust in Tennessee?
Probate in Tennessee takes 6 months to 9 months for a simple estate and charges attorney fees of typically 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; assets held in a revocable trust skip both.
It depends on your estate size. In Tennessee, estates with personal property of $50,000T.C.A. § 30-4-101Verified Sep 8, 2026View source or less qualify for the Small Estate Probate Act PetitionT.C.A. § 30-4-101Verified Sep 8, 2026View source, 45 daysT.C.A. § 30-4-101Verified Sep 8, 2026View source after death, a court procedure short of full probate. Above that line, probate takes 6 months to 9 months and costs 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 on a $500,000 estate. A funded revocable trust avoids probate entirely.
Probate in Tennessee charges attorney fees of typically 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, plus executor fees and court costs: 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 on a $500,000 estate all in. A trust avoids probate costs entirely. See a detailed breakdown with the Tennessee probate calculator.
Tennessee allows estates with personal property of $50,000T.C.A. § 30-4-101Verified Sep 8, 2026View source or less to use the Small Estate Probate Act PetitionT.C.A. § 30-4-101Verified Sep 8, 2026View source, which avoids full probate administration. Tennessee's small estate shortcut is a court procedure: the court's own order authorizes collection. There is no affidavit to present to a bank. The waiting period is 45 daysT.C.A. § 30-4-101Verified Sep 8, 2026View source after death. This route is faster and less expensive than full probate, but a trust avoids it entirely.
Simple estates in Tennessee typically take 6 months to 9 months through probate; average estates 9 months to 15 months, and estates with disputes or multiple properties longer. A funded revocable trust avoids probate entirely; distributions follow the trustee's administration rather than a court timeline.
A properly funded revocable trust in Tennessee avoids probate court proceedings, public disclosure of assets and beneficiaries, court-supervised distribution, and the 6 months to 9 months probate timeline. Assets in the trust transfer directly to beneficiaries. Compare the trade-offs with the Tennessee trust vs. will comparison.
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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.
Pour-Over Will
In Tennessee, a pour-over will is signed before 2T.C.A. § 32-1-104Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
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.
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 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.
Trust or Will: Which Costs Less?
In Tennessee, a will-based plan pays probate attorney fees of typically 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; a funded revocable trust keeps those assets out of probate and off that fee.
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.
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Tennessee Estate Planning Resources
In-depth guides covering Tennessee probate laws, trust requirements, and estate planning strategies.