Free Tennessee Last Will and Testament



What is a Last Will and Testament?

Providing it is created and signed properly by an adult of sound mind, a Tennessee Last Will and Testament is a formal instrument that details the way your property will be managed after your passing. After the testator (one who wrote the last will) passes away, they're referred to as the decedent. The testator could also nominate a guardian for their children in the document to make sure there's someone who can keep an eye on the children till they grow to be adults or until they reach a specific age.

In a Tennessee Last Will, the decedent typically also appoints a personal representative-or co-personal agents (more than one individuals acting together in this capacity) to take care of the matters of the estate. A personal representative is a person who collects the information in relation to the decedent’s financial obligations and belongings, pays off any unpaid debts using the assets, and helps to ensure that the decedent’s property is used as provided in the will document, so this is a role with quite a bit of responsibility. The personal agent decided on is often a person the testator truly is sure of to execute their final will.

In cases where an individual passes away without having a legitimate Tennessee Will (which in the majority of states means it must be properly witnessed, not only signed), someone will normally be designated by the court to function as personal agent and pay out the decedent’s debts, utilizing assets as necessary to do so. Afterward, the remaining assets will be dispersed among the decedent’s heirs based on the laws of the state the will creator lived in.

In certain states, any time one spouse dies leaving their significant other, that surviving spouse will acquire most of the decedent’s assets in the absence of a Will document stating the contrary. Additionally, the decedent could have designated a particular person to acquire a life insurance policy, retirement account, or other asset, and this beneficiary designation will dictate who is given those assets in the absence of a Last Will.

The critical thing to take note of is that any person who desires to indicate how their belongings will be distributed after their passing should complete and correctly finalize a Will to guarantee their wishes are recognized and kept. With no last will, you may be leaving it up to chance, the legislation of the state, or a lawcourt regarding the way your last matters will be wrapped up.

Tennessee Last Will and Testament

A Last Will and Testament are an essential part when you’re planning your estate’s rights transfer. In the state of Tennessee, anyone, which satisfies the terms, can draw up a Last Will so that testators actually know who will own their properties after their death. Here is everything you need to know about the Last Will and Testament in Tennessee, as well as its specifications and requirements.

Important! Last Will is not a Living Will, as the Living Will is something that people create when they want to make sure the way of medical treatment they've chosen will be performed when the time comes.

When to create a Last Will in Tennessee?

Why is it necessary to compose a Last Will and Testament if it’s not legally required? Because in some cases, many wishes of the deceased may not be fulfilled. These documents are created to outline the testator’s wishes for the transfer of property and to make sure that those choices will be satisfied following local laws.

Alongside basic real estate options, Tennessee residents can also organize a charitable present or trust, name a legal trustee for their kid or kids under 18, or even make up a “pet trust” so that any of their pets will have someone to receive care from.

Please, do not put in the Last Will and Testament such properties as:

  • Property that is in a living trust;

  • Property with the right of inheritance, in joint or full lease;

  • Pay-on-death bank records;

  • Transfer-on-death (TOD) resources;

  • Life insurance or annuity income;

  • Income from IRAs, 401(k)s, retirement plans, and pensions.

Tennessee testators get the help of the court representative, executor. He or she checks if the Last Will process is being performed in terms of the testator’s requests. But before the document is fully completed by the executor, it needs to be proven by the probate court (it should be the probate court in the area where the testator lives).

Note that there is an easier probate procedure for properties valued at $25,000 or less. It usually begins after 45 days of the death of the deceased, but this time can be canceled under certain events.

What if there’s no Last Will and Testament?

Laws of intestacy provide that intestates have specific alternatives as well. A living spouse has the right to get all the assets, but if the decedent and spouse have descendants, then both spouse and descendants will share the equal parts of inheritance (spouse’s part must be 1/3 or more).

In case there are no descendants or a living spouse, other family members will be able to have the decedent’s estate items, and inheritance is transmitted according to the level of relationship.

Last Will and Testament in Tennessee

To draw up a full legal Last Will form, the testator needs to:

  • Be 18 years of age or older, fair-minded, and sane;

  • Sign the Will themself or have an authorized person sign it in their presence, monitoring the process;

  • Have at least two witnesses sign the Last Will, as proof that they beheld the process in the presence of the testator;

  • Write the whole Last Will form by hand;

  • Pass the estate’s assets to a person of their choice.

Tennessee probate courts accept Last Wills and Testaments, which are:

  • Handwritten (holographic) — Testator’s handwriting should be verified by two witnesses;

  • Oral (nuncupative) — Will is prepared under Tennessee state laws (It can only be drawn up by a person facing imminent death).

Last Will and Testament cancellation

Last Will in Tennessee can be changed at any time and revoked by:

  • Creation of another will;

  • Its absolute or partial physical destruction;

  • The legal act of revocation (in compliance with the holographic Wills);

  • The change in the testator’s marital status and/or the birth of a child.

Use our approved website template to draw up a perfect Last Will and Testament in Tennessee.

Last Will Forms for Neighboring States