Tennessee State Specific Information

Will, Trust, Power of Attorney, and Estate Planning

Official state laws:

Tennessee Code Annotated
Probate jurisdiction rests with the Probate Court
Probate laws are primarily under Title 31

Minimum age requirement to:

Distribute property by will: 18 (Section 32-1-102)
Which minor gets property: 21 to 25

Holographic will recognized (Section 32-1-105)

State taxes:

Estate tax: Equal to federal credit for state death taxes minus amount paid on inheritance tax (Section 67-8-314)
State gift tax:Inheritance tax: Up to 16% (Section 67-8-204)
- Imposes a state gift tax (Section 67-8-102)
- Anatomical Gift Act (Section 68-30-10)
Inheritance tax: Up to 16% (Section 67-8-204)

Default rules: How property is distributed if there is no will, i.e. laws of intestate succession: (Section 31-2-104)

No surviving spouse, but there are surviving children:
- All of the estate goes to the surviving children split equally among them or to their children in accordance to their per stirpes share
Surviving spouse and
- Children of surviving spouse:
  - Homestead, one year’s allowance, and one child’s share of estate that amounts to at least one-third (1/23) to surviving spouse, and
  - The other two-thirds (2/3) is split equally among the surviving children or to their children according to their per stirpes share
  - Children not of the surviving spouse (for example your children from a previous marriage):
    - Homestead, one year’s allowance, and one child’s share of estate that amounts to at least one-third (1/23) to surviving spouse, and
    - The other two-thirds (2/3) is split equally among the surviving children or to their children according to their per stirpes share
    - No children and both of your parents of deceased:
      - All of your estate will pass to your spouse
    - No children, but at least one of your parents survives you:
      - All of your estate will pass to your spouse
At least one parent survives you, but no surviving spouse or children:
- All of your estate will pass to your surviving parents equally
No spouse, children, or parents:
- Siblings (brothers and sisters) equally or to their children according to their per stirpes share. If none, then to grandparents or the children of your siblings according to their per stirpes share. If none, then one-half (1/2) to maternal grandparents or their children according to their per stirpes share, and the other one-half (1/2) to paternal grandparents or their children according to their per stirpes share

Who must be named as a beneficiary in your will:

Surviving spouse (Section 32-3-103), andChildren, born or adopted (Section 31-4-101)
- Surviving spouse must be given part of your estate regardless of provisions in your will or length of your marriage; see statute for details (Section 31-4-101)
Children, born or adopted (Section 31-4-101)

Effects of changes in your marital status on your will:

You are divorced from the surviving spouse:
- Revokes will as to divorced spouse (Section 31-1-102)
You get married without changing your will that does not provide for your new spouse:
- If child is later born to the marriage, then the will is revoked (Section 32-1-201)

Out of state executors: Must appoint either co-executor or secretary of state as agent to accept legal papers and may have to post bond (Section 35-50-107)

Witnesses:

Minimum number of witnesses required: Two (Section 32-1-104)
Are witnesses allowed to be beneficiaries?: No, unless there are two other disinterested witnesses (Section 32-1-103)
Requirements to be a witness, witnesses must:
- be an adult or a notary public,
- not be related to you by blood or marriage,
- not be entitled to anything in your will,
- not have any claims against your estate on your death,
- not be your doctor or any employee of your doctor, and
- not be an owner, operator, or employee of a healthcare institution where you are a patient

Property ownership (Section 45-2-703 and 66-1-107+):

Common law state
Real estate joint tenancy has been abolished
Bank account deposits held jointly are payable to any survivor named in the bank account
Tenancy by the entirety is recognized in this state

Other types of wills:

Self-proving wills recognized: Yes, recognized (Section 32-2-110)
Living Will (Section 32-22-105) requires a determination that you are in a terminal condition and your death will result without using life-sustaining procedures
Power of Attorney for Health Care (Section 34-6-204)
Durable Power of Attorney (Section 34-6-204)