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Tennessee Estate Planning Basics
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Tennessee Estate Planning Basics

Tennessee estate planning basics: the will, durable financial POA, advance directive, and beneficiary forms every adult needs, plus no TN estate or inheritance tax.

By Settled Editorial

Estate planning is not only for wealthy families. It is for any Tennessee adult who owns something they care about, has people who depend on them, or holds preferences about their own medical care. A basic plan answers three questions: who receives your property, who makes decisions if you cannot, and who raises your children. If you never answer them, Tennessee law answers for you, and the result may not be what you would have chosen.

This guide covers the core documents every adult in Tennessee should consider, what happens without them, and how to decide between a self-help option and a licensed attorney. Use it as a planning map, not legal advice or a do-it-yourself signing kit.

Why a Plan Matters in Tennessee

Without your own documents, the state supplies defaults. Tennessee intestate succession decides who inherits when there is no valid will. A court appoints a conservator if you lose capacity without a power of attorney in place, and a court names a guardian for minor children if no will nominates one. Each of those defaults runs through a county court, costs money, and takes time.

A short, source-cited plan keeps those decisions in your hands. Most of it can be set up for a few hundred dollars, and several pieces are free to update.

The Core Documents

1. A Valid Tennessee Will

Your will is the foundation. It names who inherits your probate property, who serves as your personal representative (executor), and who you nominate as guardian for any minor children. Without a will, Tennessee's intestacy statutes control who inherits, and those rules can surprise blended families and unmarried partners.

For a typed will to be valid in Tennessee, the maker must be at least 18 and of sound mind, sign the will, and have two witnesses sign in the testator's presence and in each other's presence under Tenn. Code Ann. 32-1-104. Tennessee also recognizes a fully handwritten holographic will under Tenn. Code Ann. 32-1-105. Adding a notarized self-proving affidavit under Tenn. Code Ann. 32-2-110 lets the will move through probate without tracking down the witnesses. The full rules live in the Tennessee will requirements guide.

What a will does not do: it does not control assets that pass by beneficiary form (life insurance, IRAs, 401(k)s) or by survivorship titling. Those pass to the named survivor regardless of the will.

2. Durable Financial Power of Attorney

A financial power of attorney lets someone you name (your attorney-in-fact) manage your money if you cannot, such as paying bills, handling accounts, and dealing with property. Tennessee follows the older Uniform Durable Power of Attorney Act, Tenn. Code Ann. Title 34, Chapter 6, Part 1.

Here is the Tennessee trap. A Tennessee power of attorney is not durable by default. Under Tenn. Code Ann. 34-6-102, the document must contain express words that the authority is not affected by the principal's later disability or incapacity, or it ends the moment you become incapacitated, which is exactly when you need it. Some powers, such as making gifts or changing beneficiary designations, must also be granted expressly under Tenn. Code Ann. 34-6-108. The full requirements are in the Tennessee power of attorney guide.

Without a durable financial POA, your family may have to ask a court to appoint a conservator, which is public, slower, and more expensive.

3. Advance Directive for Health Care

An advance directive lets you name a health care agent to make medical decisions for you, and to record your own instructions about treatment, if you cannot speak for yourself. Tennessee's main law is the Health Care Decisions Act, Tenn. Code Ann. 68-11-1803.

A written Tennessee advance directive must be signed by the principal and is valid only if it is either notarized or signed by two competent adult witnesses, not necessarily both. The agent's authority generally begins only when a physician determines you lack capacity to make the decision yourself. Tennessee also has a separate, older living will under the Right to Natural Death Act, Tenn. Code Ann. 32-11-104. The Tennessee advance directive guide explains how the agent, surrogate, and living will pieces fit together.

4. HIPAA Authorization

Federal HIPAA rules limit who your doctors may share medical information with. A short signed HIPAA authorization naming the people allowed to receive your health information helps your agent and family get information during a medical emergency, before the advance directive fully kicks in. Keep it with your other planning documents.

Beneficiary Designations: The Part People Forget

A large share of most people's wealth passes completely outside the will through beneficiary designations and survivorship titling. That includes:

  • Life insurance death benefits
  • Retirement accounts (IRA, 401(k), 403(b), pension)
  • Bank accounts with a payable-on-death (POD) designation
  • Investment accounts with a transfer-on-death (TOD) registration

These assets pay the named beneficiary directly and skip probate, which is usually good. But a stale form causes real problems: a deceased beneficiary, a minor who cannot legally receive funds, or a form that still names a former spouse after a divorce. The beneficiary form controls over your will, so review every designation when you build or update your plan. See how to avoid probate in Tennessee for how these tools work together.

What Happens Without a Will in Tennessee

If you die without a valid will, Tennessee's intestacy rules decide who inherits, not your wishes. A surviving spouse does not automatically take everything. Under Tenn. Code Ann. 31-2-104, a spouse who shares the estate with children receives a child's share or one-third, whichever is greater, and the rest passes to the children. An unmarried partner inherits nothing by intestacy, no matter how long the relationship lasted. And without a will, no one is nominated as guardian for minor children, so a court decides. The Tennessee intestate succession guide walks through who inherits in each family situation.

A Reassuring Tennessee Tax Note

One worry you can usually set aside: Tennessee has no state estate tax and no state inheritance tax. The former inheritance tax was fully repealed for deaths on or after January 1, 2016. (Source: Tennessee Department of Revenue, Inheritance Tax.) A federal estate tax exists, but it applies only to very large estates above the federal exclusion amount, which is set at $15 million per person for 2026. Most Tennessee families owe no death tax at all, so planning is usually about control and avoiding court, not about taxes.

Choosing Your Personal Representative, Agent, and Guardian

Personal representative (executor): manages your estate after death, files court documents, pays debts, and distributes property. Choose someone organized and trustworthy, and name a backup. The Tennessee executor duties guide explains the job.

Financial agent: handles your money if you are alive but incapacitated. Pick someone with sound judgment and complete trustworthiness, because the authority is broad.

Health care agent: speaks for you on medical decisions. Many people choose a spouse or an adult child who can stay calm and follow their known wishes.

Guardian for minor children: often the most important nomination in a will. Talk with the person first, and name an alternate.

When to Update Your Plan

Review and update your documents when:

  • You marry, divorce, or remarry (a Tennessee divorce automatically revokes gifts and fiduciary appointments to a former spouse in a will under Tenn. Code Ann. 32-1-202)
  • You have or adopt a child
  • A named beneficiary, executor, agent, or guardian dies or can no longer serve
  • You buy a home, start a business, or receive an inheritance
  • You move into or out of Tennessee

A general review every few years is good practice even when nothing major has changed.

DIY vs. Attorney: When Each Makes Sense

A self-help option may work when your estate is simple, your family situation is uncomplicated, and your wishes are clear. Consider working with a licensed Tennessee estate planning attorney when you have minor children, own a business, have a blended family, want a revocable living trust to keep assets out of probate, or expect a dispute. The cost difference is real but modest next to the cost of a will the court rejects, or a power of attorney a bank refuses because it lacked Tennessee's durability language.

Related Guides

This guide is general information about estate planning in Tennessee. It is not legal advice. Confirm anything that affects your situation with a licensed Tennessee attorney before you sign or rely on a document.

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Settled Estate is not a law firm and does not give legal advice.

Information current as of June 20, 2026

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Tennessee can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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