Should You Get a Trust or a Will in Tennessee?

Probate in Tennessee typically costs 1.7-2.7% of the estate value in attorney fees alone.T.C.A. § 30-2-606 (reasonable compensation; no statutory percentage)Verified Jul 15, 2026 All-in costs on a $500,000 estate run about $27,552. A revocable trust has a one-time setup cost and no probate fees. See a detailed breakdown with the Tennessee probate calculator.

No. A will must go through probate in Tennessee. However, estates with personal property under $50,000 may qualify for Small Estate Probate Act Petition, which is faster and less expensive than full probate.T.C.A. §§ 30-4-101 (act name), 30-4-102 (definitions: $50K threshold in subsec (9); personal-property-only restriction in subsec (8); amended by HB0337/Public Ch. 297, eff. 4/28/2023), 30-4-103 (45-day waiting period, bond rules, no creditor notice), 30-2-306 (publication; 4-month bar from first publication; 60-day actual-notice variant in subsec (b)), 30-2-307(a)(1) (claims barred unless filed within § 30-2-306(b) notice period), 30-2-310 (12-month outer bar from death), 30-1-201 (bond; exemptions for will waiver, PR-as-sole-beneficiary, unanimous adult-beneficiary consent, or bank PR per § 45-2-1005), 30-2-301 (inventory), 30-2-601 (accounting waiver), 30-2-606 (reasonable compensation). Cross-verified against 2023 Public Chapter 297 (publications.tnsosfiles.com/acts/113/pub/pc0297.pdf), tncourts.gov Small Estates clerk-conference guide (tncourts.gov/sites/default/files/docs/Small%20Estates.pdf, reproduces full text of T.C.A. §§ 30-4-101 to 30-4-104 as amended 2023), and TN General Assembly public chapter effective-date reports for 2025-2026 (capitol.tn.gov/Archives/Joint/publications/PublicChapters/): no 2025 or 2026 public chapter amends §§ 30-1-201, 30-2-306/307/310, 30-2-601/606, or Title 30 Ch. 4; probate bills SB0541/HB0906 (creditor-claim exceptions) and SB2290/HB2269 (pro se small-estate life-insurance filing) did not pass as of 2026-06-11. Re-verified 2026-06-19 against the official tncourts.gov clerk Probate Guide (tncourts.gov/sites/default/files/docs/probate_manual_final.pdf), which reproduces the current 30-2-306 (publication in subsec (a); 4-month/12-month claim bar referenced in subsec (b); affidavit of publication in subsec (c); notice excused if letters issued >1 yr after death in subsec (e)), 30-2-307(a)(1) (60-day actual-notice variant), 30-2-301 (PR-filed inventory), 30-2-601 (statement in lieu of accounting), and 30-2-606 ("reasonable compensation for services"). Current 30-2-306(b) confirmed present (cross-referenced by 30-2-310(c)(1) and the Probate Guide) — the 2005 Pub. Ch. 429 §5 deletion of the then-existing 30-2-306(b) was superseded by later re-amendment.Verified Jul 15, 2026

Simple estates in Tennessee typically take 6-9 months through probate. Complex or contested estates can take 15-30 months or longer.T.C.A. §§ 30-4-101 (act name), 30-4-102 (definitions: $50K threshold in subsec (9); personal-property-only restriction in subsec (8); amended by HB0337/Public Ch. 297, eff. 4/28/2023), 30-4-103 (45-day waiting period, bond rules, no creditor notice), 30-2-306 (publication; 4-month bar from first publication; 60-day actual-notice variant in subsec (b)), 30-2-307(a)(1) (claims barred unless filed within § 30-2-306(b) notice period), 30-2-310 (12-month outer bar from death), 30-1-201 (bond; exemptions for will waiver, PR-as-sole-beneficiary, unanimous adult-beneficiary consent, or bank PR per § 45-2-1005), 30-2-301 (inventory), 30-2-601 (accounting waiver), 30-2-606 (reasonable compensation). Cross-verified against 2023 Public Chapter 297 (publications.tnsosfiles.com/acts/113/pub/pc0297.pdf), tncourts.gov Small Estates clerk-conference guide (tncourts.gov/sites/default/files/docs/Small%20Estates.pdf, reproduces full text of T.C.A. §§ 30-4-101 to 30-4-104 as amended 2023), and TN General Assembly public chapter effective-date reports for 2025-2026 (capitol.tn.gov/Archives/Joint/publications/PublicChapters/): no 2025 or 2026 public chapter amends §§ 30-1-201, 30-2-306/307/310, 30-2-601/606, or Title 30 Ch. 4; probate bills SB0541/HB0906 (creditor-claim exceptions) and SB2290/HB2269 (pro se small-estate life-insurance filing) did not pass as of 2026-06-11. Re-verified 2026-06-19 against the official tncourts.gov clerk Probate Guide (tncourts.gov/sites/default/files/docs/probate_manual_final.pdf), which reproduces the current 30-2-306 (publication in subsec (a); 4-month/12-month claim bar referenced in subsec (b); affidavit of publication in subsec (c); notice excused if letters issued >1 yr after death in subsec (e)), 30-2-307(a)(1) (60-day actual-notice variant), 30-2-301 (PR-filed inventory), 30-2-601 (statement in lieu of accounting), and 30-2-606 ("reasonable compensation for services"). Current 30-2-306(b) confirmed present (cross-referenced by 30-2-310(c)(1) and the Probate Guide) — the 2005 Pub. Ch. 429 §5 deletion of the then-existing 30-2-306(b) was superseded by later re-amendment.Verified Jul 15, 2026 A revocable trust avoids probate entirely; distributions follow the trustee’s administration rather than a court timeline.

Yes. A will becomes a public court record once it enters probate in Tennessee. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.

Use the Tennessee probate calculator to estimate attorney fees, executor fees, court costs, and the probate timeline.T.C.A. §§ 30-4-101 (act name), 30-4-102 (definitions: $50K threshold in subsec (9); personal-property-only restriction in subsec (8); amended by HB0337/Public Ch. 297, eff. 4/28/2023), 30-4-103 (45-day waiting period, bond rules, no creditor notice), 30-2-306 (publication; 4-month bar from first publication; 60-day actual-notice variant in subsec (b)), 30-2-307(a)(1) (claims barred unless filed within § 30-2-306(b) notice period), 30-2-310 (12-month outer bar from death), 30-1-201 (bond; exemptions for will waiver, PR-as-sole-beneficiary, unanimous adult-beneficiary consent, or bank PR per § 45-2-1005), 30-2-301 (inventory), 30-2-601 (accounting waiver), 30-2-606 (reasonable compensation). Cross-verified against 2023 Public Chapter 297 (publications.tnsosfiles.com/acts/113/pub/pc0297.pdf), tncourts.gov Small Estates clerk-conference guide (tncourts.gov/sites/default/files/docs/Small%20Estates.pdf, reproduces full text of T.C.A. §§ 30-4-101 to 30-4-104 as amended 2023), and TN General Assembly public chapter effective-date reports for 2025-2026 (capitol.tn.gov/Archives/Joint/publications/PublicChapters/): no 2025 or 2026 public chapter amends §§ 30-1-201, 30-2-306/307/310, 30-2-601/606, or Title 30 Ch. 4; probate bills SB0541/HB0906 (creditor-claim exceptions) and SB2290/HB2269 (pro se small-estate life-insurance filing) did not pass as of 2026-06-11. Re-verified 2026-06-19 against the official tncourts.gov clerk Probate Guide (tncourts.gov/sites/default/files/docs/probate_manual_final.pdf), which reproduces the current 30-2-306 (publication in subsec (a); 4-month/12-month claim bar referenced in subsec (b); affidavit of publication in subsec (c); notice excused if letters issued >1 yr after death in subsec (e)), 30-2-307(a)(1) (60-day actual-notice variant), 30-2-301 (PR-filed inventory), 30-2-601 (statement in lieu of accounting), and 30-2-606 ("reasonable compensation for services"). Current 30-2-306(b) confirmed present (cross-referenced by 30-2-310(c)(1) and the Probate Guide) — the 2005 Pub. Ch. 429 §5 deletion of the then-existing 30-2-306(b) was superseded by later re-amendment.Verified Jul 15, 2026

Whether a trust is cost-effective depends on estate size, property types, and Tennessee's probate costs. The Tennessee trust need assessment evaluates these factors against your specific situation.