Make a Tennessee Last Will and Testament

Tennessee State Last Will and Testament Laws

Definition of Will - §32-1-101

Laws - Title 32 (Wills)

Witnesses - According to §32-1-104, the Will must be signed by two (2) witnesses.

A Sample Tennessee Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your full legal name and then your gender.

Step 2 - Enter your city and county of residence.

Step 3 - Designate your marital status from one of the following:

• Single
• Married
• Separated
• Divorced
• Widowed

List the name of your spouse unless you are single, widowed, or divorced.

Step 4 -  If you have children, pets, property, or life insurance policies, list that information here.

Step 5 - Provide your children’s names, if they are living, and whether or not they will be named as beneficiaries in your will. Then, provide the names of pets. Finally, enter information about any life insurance policies you own.

Step 6 - List the amount of money or percentage of your property you are leaving each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or someone with a disability, indicate that during this step. Establishing a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - List the age that your children must be in order to start receiving benefits from their trust. Then, enter how much of the trust will be received. Finally, list the age they will be when their benefits end.

Step 9 - If you’d like to use a specific funeral home, provide that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If you don’t name an Executor, the probate court will appoint one for you, and it may not be someone you want. Provide the following information for the Executor:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you die. It’s also a good idea to consider naming an alternate Trustee.  If your assets are in a trust, provide the following information:

• Name of your Trustee and alternate Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include, but are not limited to, trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children, this step allows you to appoint a guardian for them. You should also consider naming an alternate guardian or a conservator. Provide the following information for each:

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information for each:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone number

When you’re ready to sign your Will, your two witnesses must be present and ready to sign as well. Once the Will is executed, keep it someplace safe yet accessible!

Why do you need a Tennessee last will and testament form?

In the State of Tennessee, having this important legal document in place is an important step in the estate planning process. Creating a Tennessee Will allows for you to outline your wishes for your assets upon your death. You can also name a guardian for your minor children, make charitable donations, and create pet trusts in your Will. Most importantly, having a Will allows you to designate an executor who will be responsible for carrying out these wishes.

The benefits of having a will

A last will and testament is not legally required according to Tennessee law. Yet, there are many benefits to having one.

• The most important part of your will is the ability to appoint an executor who will be legally responsible for carrying out the instructions in your will.
• Your will can include your instructions on what you want done with all of your assets, including bank accounts, real estate, vehicles, jewelry, and any other personal effects.
• You can name a guardian for your minor children.
• You can make charitable donations.
• You can ensure your pets are cared for by creating a pet trust.
• An expedited probate process is available for estates totalling less than $25,000.

The costs of not having a will

Without a valid Tennessee will in place, intestacy laws will be enacted. This means that the probate courts will determine what happens to your assets and will also name a guardian for your minor children. These decisions may or may not be what you wanted.  If you have a surviving spouse but no children, your spouse will inherit the entire estate. Conversely, if you have surviving children but no spouse, your children will inherit the estate. If you have both children and a spouse, the spouse will inherit the greater share of either one-third of the estate or one share if divided equally, with the remainder of the estate being split among surviving children. If you do not have a spouse or children, your surviving parent(s) will inherit the estate. Without a spouse, children, or parents, the probate court will find the next closest relative to inherit the estate. If the Tennessee probate court is unable to locate a relative, the State becomes the beneficiary and will absorb the assets.