How Do I Name a Guardian for My Minor Children in Tennessee?
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.
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. It needs your signature, 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. It can be recorded alongside the rest of an estate plan when you create a revocable living trust.
When a parent has named a guardian, the parent's nominee has appointment priority, but the court can still decline them on a best-interest findingT.C.A. § 34-2-103 (priority of persons; parent designation in a will or other written document)Verified Sep 16, 2026View source. A backup guardian named in the same document applies if the first choice cannot serve.
Yes. Tennessee recognizes a separate signed declaration naming a guardian, so a full will is not required to make the nominationT.C.A. § 34-2-103 (priority of persons; parent designation in a will or other written document)Verified Sep 16, 2026View source, so a full will is not required; a will remains the standard place to do it.
Yes. Tennessee allows a Power of Attorney for Care of a Minor Child, under which any adult can be authorized for a limited time (no fixed statutory time limit) without transferring custodyT.C.A. §§ 34-6-301 to 34-6-310 (Power of Attorney for Care of a Minor Child Act)Verified Sep 16, 2026View source.
In Tennessee, a child's own preference carries no statutory weightT.C.A. Title 34 chs. 1–2 (no minor-preference provision; cf. §§ 34-2-102, 34-1-107(a)(2)(B))Verified Sep 16, 2026View source.
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New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
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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
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
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.
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.
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.
How Do I Sign Estate Documents?
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Will My Estate Documents Transfer?
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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.
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Tennessee Estate Planning Resources
In-depth guides covering Tennessee probate laws, trust requirements, and estate planning strategies.