How to Write a Will in Tennessee

When someone passes away with a legally recognized will, they are classified as testate. Wills in Tennessee can be utilized to bequeath assets, appoint a guardian, executor, and fiduciary, and guarantee the protection of assets and loved ones.

What are the Steps to Create a Will in Tennessee?

Below is a checklist outlining the steps to create a Tennessee will:

1.     Make Assets Inventory

Creating a comprehensive list of all of your valuable possessions is an essential step in preparing a will. You must additionally consider and integrate your commitments and debts into the equation.

2.     Choose a Beneficiary

Beneficiaries may include family members, friends, or charitable organizations. To avoid misunderstandings and conflicts, you should furnish detailed information regarding the assets you intend to allocate to specific beneficiaries.

3.     Choose an Executor

The executor is the individual accountable for managing and distributing your assets following your death. It would help if you chose a trustworthy and reliable individual to take up this role.

4.     Choose a Guardian

Your children’s protection and well-being will be a guardian’s responsibility. Make sure that the individual you select is someone in whom you have complete faith and who can successfully carry out the duties associated with the role of guardian.

5.     Choose a Fiduciary

To provide your children with the highest possible level of protection regarding their inheritance, designate a fiduciary who is not affiliated with the guardian to oversee the management of these assets.

6.     Prepare the Will

Drafting it yourself, using Do-it-yourself (DIY) tools, consulting an attorney, or using an online platform such as LegalPen are all viable options for preparing your will.

7.     Sign the Will

Signing your will signifies your agreement to be legally bound by the terms of the will. In Tennessee, you should sign your will before two witnesses; the witnesses should ideally be disinterested parties and should additionally sign the will in front of each other.

8.     Store the Will

To store your will effectively, you must balance making it available upon your demise and keeping it safe. Ensure your loved ones or executors can access your will after your death to avoid applying intestacy rules where your executor or loved ones cannot find the will.

What Happens if I Don’t Have a Will?

Should you not have a will, intestate succession will be employed to divide your assets when you pass on. For help on how to make a will in Tennessee, consult the experts at LegalPen.

What are the Requirements for Writing a Last Will and Testament in Tennessee?

Tennessee requirements for writing a last will and testament dictate that a testator must meet the following criteria:

1.     Be 18 Years or Older

Persons who have attained the age of 18 are presumed to be mature enough to make decisions about their asset dispositions.

2.     Have a Sound Mind

Creating a will requires a sound mind, which means that the testator must be capable of understanding what he is doing and the significance and scope of the will.

How Often Should You Review and Update Your Tennessee Will?

You should review and update your Tennessee will if you have experienced a significant life change. Nevertheless, it is advisable to periodically examine and revise your will every three to five years, irrespective of any substantial alterations.

How to Revise and Update Your Will in Tennessee

Revising and updating your will in Tennessee can be done through two methods:

1.   Creating a new will; or
2.   Amending an existing will through a codicil

Revoking a will and creating a new one is the wisest action if you need to alter its terms. LegalPen offers a wide range of resources on how to write a will in Tennessee. A testator can, however, use a codicil to modify their will where the modifications are not substantial.

What Makes a Will Valid in Tennessee?

A valid Tennessee will fulfill the following requirements:

1.   The will must be composed in written form, either typed or printed.
2.   It must be signed by the individual creating the will, commonly called the “testator” or “testatrix”. Where the testator cannot physically sign his name, he may instruct another individual to do so on his behalf.
3.   Additionally, two witnesses must be present during the testator’s execution of the document and must witness each other’s signing of the document.

Can a Handwritten Will be Valid in Tennessee?

Yes, a handwritten will can be valid in Tennessee and legally recognized as a holographic will. The entire document should be written in your handwriting, from beginning to end and signed. There is no requirement for any witnesses to sign it when you do. However, throughout the probate process, it is essential to establish the genuineness of the testator’s handwriting. This entails having two witnesses acquainted with the testator’s handwriting testify. LegalPen additionally offers assistance with a Do-it-yourself (DIY) will; contact us today.

How Do I Sign My Tennessee Will?

When signing your Tennessee will, it is necessary for you to formally proclaim it as your final will and testament and affix your signature or recognize it in the presence of two witnesses. Additionally, the witnesses must additionally sign your will in your presence and in the presence of each other.

What Can I Include in an Online Will in Tennessee?

In Tennessee, you can include any probate asset in your online will. A testator can include all provisions of a conventional will in an online will.

Types of Assets Covered in a Tennessee Will

The types of assets included in a Tennessee will are those subject to probate. Real estate, cars, and other probate assets are often solely owned by the testator and must go through probate before the executor can distribute them to beneficiaries. In contrast, life insurance plans and other non-probate assets that name a specific beneficiary in the event of the testator’s death do not require probate to be distributed to beneficiaries.

Can I Revoke or Change My Will in Tennessee?

Yes, you can revoke or change your will in Tennessee.

How Do You Revoke or Change Your Will in Tennessee?

To revoke or change your will in Tennessee, you may:

1. Create a new will. In the new will, include a provision that cancels all prior wills. You may additionally use this procedure to remove a provision from a previous will while keeping the remainder of that will intact.
2. Get rid of the previous will and any duplicates by physically destroying them, whether that’s by burning, shredding, or tearing out the signature. Where you wish to amend or cancel a provision, you cannot do so using this technique since the will as a whole is destroyed.
3. Creating a new document that explicitly revokes the previous will while adhering to the exact formalities employed in making the original will.

Can I Make a Digital or Electronic Will in Tennessee?

No, you cannot make a digital or electronic will in Tennessee since the state of Tennessee does not permit digital or electronic wills. Your will must be created in physical form—that is, on paper, not an audio, video, or other digital file.

Who Can Witness a Will in Tennessee?

Anyone with the essential criteria, of being at least 18 years old and having a sound mind, can witness a will in Tennessee. It is advisable to have a “disinterested” individual who does not stand to inherit anything from you serve as a witness to your will rather than an “interested” person. This is because an interested person may forfeit the gift that you have designated for them in your will if they participate as a witness. However, there is one exception: if the witness stands to inherit under intestacy laws, they may receive a gift up to the amount they would have received through intestate succession.

Should My Will Name an Executor?

Yes, your will should name an executor. Failing to choose an executor in your will may lead to the court assigning an executor who may not correspond with your intended choice. The executor of an estate is the person who is accountable for managing the estate, and distributing inheritance to beneficiaries.

What are the Tennessee Will Executor Requirements?

The individual appointed as your executor must possess the following qualities:

1.   An adult

You can choose any responsible adult you have confidence in as your executor. However, you cannot appoint an individual who has been found guilty of a crime and sentenced to imprisonment or a judge unless they are a relative and acting on behalf of your estate will not disrupt their official responsibilities. Where you want to designate a bank or trust company as your executor, ensuring that it has the necessary authorization to function as a fiduciary and has fulfilled all conditions precedent to being appointed as executor is essential.

2.   Competence

The court is obligated to designate your appointed individual as the executor unless another party contests your selection and presents compelling proof of their incompetence to discharge the responsibilities of the position reasonably.

What Happens to a Will after Death in Tennessee?

After death in Tennessee, the probate process commences when the individual designated as the executor in the will submits the original will to the probate office of the county clerk in the county where the deceased person resided. It is additionally necessary to submit a petition for probate to the probate court.

What is the Impact of Marriage and Divorce on Your Tennessee Will

In the event that you get married after making a will and have a child, your will is instantly revoked. Any provision in your will that assigns assets to your spouse or designates your spouse as executor is null and void under Tennessee law in case of a divorce or a court ruling that your marriage is invalid. In the event that you remarry your spouse or expressly indicate in your will that the terms therein should not be affected by a divorce, this rule is not applied. Choose LegalPen to get yourself the best type of will for married couples.

Do all Wills in Tennessee Have to Go Through Probate?

Yes, all wills in Tennessee must go through probate. It is through probate that the will’s validity is proved, and an executor is appointed. However, not all estates must go through probate. Where the value of an estate is categorized as a “small estate,” or where the assets are non-probate assets, probate is not necessary.

Is Tennessee a Community Property State?

No, Tennessee is not a community property state but an equitable distribution state. Being an equitable distribution state, courts strive to achieve a fair and just property division in divorce cases.

How is Tennessee’s Intestate Succession Done?

Tennessee intestate succession is done as follows:

How is Estate and Inheritance Tax in Tennessee Done?

Tennessee does not impose inheritance tax or estate tax.Estate and inheritance taxes are frequently grouped together due to their similarities. Nevertheless, these taxes are unique and independent and paid at various intervals. The estate tax is calculated based on the estate’s total worth and is paid directly by the estate. Conversely, the inheritance tax is calculated based on the worth of the inheritance received by heirs and is paid directly by the beneficiaries. 

What are the Differences between a Simple Will and a Reciprocal Will in Tennessee?

The differences between a simple and reciprocal will are: