A complete Tennessee estate plan covers a valid will, financial and medical powers of attorney, an advance directive, beneficiary designations, a guardianship nomination if you have minor children, and a plan for where every document is stored so your family can find them.
Before you start, see the full Tennessee estate planning guide for background on how these documents work together.
Key Takeaways
- A valid Tennessee will requires two attesting witnesses who are not otherwise interested in the estate, under Tenn. Code 32-1-104.
- A financial power of attorney and a medical power of attorney are separate documents in Tennessee, and Tennessee's Uniform Durable Power of Attorney Act requires the document to state that it survives your disability or incapacity, in writing.
- An advance directive should be signed and witnessed by two adults, or notarized, under the state's Health Care Decisions Act.
- Naming a guardian for minor children, listing beneficiary designations, and telling someone where the originals are stored are as important as the documents themselves.
Step 1: Draft a Valid Will
Your will names who inherits your property, who serves as executor, and who you want as guardian for minor children. In Tennessee, a valid will requires two attesting witnesses who are not otherwise interested in the estate, under Tenn. Code 32-1-104. Skipping this formality is one of the fastest ways a will gets thrown out in probate court.
You can build a state-compliant will with FastWill's will builder rather than starting from a blank page, then have it signed and witnessed correctly.
Once your will is signed, make it self-proving. Under Tenn. Code 32-2-110, your witnesses can sign affidavits before a notary, either at the signing or any time afterward, so the probate court can accept the will without tracking down those witnesses to testify years later.
Step 2: Set Up Financial and Medical Powers of Attorney
A financial power of attorney lets an agent pay bills and manage accounts if you cannot. A medical power of attorney lets someone make health care decisions on your behalf. Under Tenn. Code 34-6-102, Tennessee's Uniform Durable Power of Attorney Act requires the document to state that it survives your disability or incapacity, in writing. See how to make a power of attorney in Tennessee for the full signing checklist.
Step 3: Add an Advance Directive
An advance directive, sometimes packaged with a living will, tells your doctors what treatment you do or do not want if you cannot speak for yourself. To be valid in Tennessee, it should be signed and witnessed by two adults, or notarized, under the state's Health Care Decisions Act.
Step 4: Check Your Beneficiary Designations
Life insurance, retirement accounts, and payable-on-death bank accounts pass by beneficiary designation, not by your will. Pull your most recent statements and confirm the names on file are still correct, especially after a marriage, divorce, or death in the family.
Step 5: Name a Guardian for Minor Children
If you have children under 18, your will is the document that nominates a guardian. Without a written nomination, a Tennessee court decides who raises your children with no instructions from you on file.
Step 6: Decide Whether You Need a Living Trust
A will alone still goes through probate. If you own real estate or want your estate settled without a court process, look at a living trust in Tennessee, which can move assets to heirs without probate when it is properly funded.
Step 7: Build an Asset Inventory and Store Everything Safely
List your accounts, real estate, digital assets, and insurance policies in one place, then tell your executor and agent where the signed originals are kept. A complete plan that no one can find when you need it is not much better than no plan at all.
Keep the signed originals in a fireproof home safe or a labeled folder rather than a bank safe deposit box, which can be difficult to access right after a death until the executor is formally appointed. Hand your executor and agent a copy of the asset list and a note on where the documents live, not just the paperwork itself, so nothing sits undiscovered for weeks.
Common Mistakes to Avoid on Your Tennessee Checklist
- Signing the will without two attesting witnesses who have no personal interest in the estate, which puts the will's validity at risk under Tenn. Code 32-1-104.
- Skipping the written durability language a Tennessee power of attorney needs to survive your incapacity.
- Leaving beneficiary designations pointing to an ex-spouse or someone who died before you.
- Telling no one where the signed originals are stored.
- Never revisiting the plan after moving to Tennessee from another state, since witness and notary rules differ from state to state.
Frequently Asked Questions
Do I need a lawyer to complete an estate planning checklist in Tennessee?
No. A DIY will and power of attorney are valid in Tennessee as long as they meet the signing and witness rules under Tenn. Code 32-1-104 and Tenn. Code 34-6-102. A lawyer is useful for complex assets or blended families, but is not required by law.
What happens if I die without any of these documents in Tennessee?
Without a will, Tennessee intestacy law decides who inherits, and a court appoints a guardian for minor children without your input. Without a power of attorney, your family may need a court-supervised conservatorship to manage your affairs if you become incapacitated.
How often should I update my Tennessee estate plan?
Review it after a marriage, divorce, birth, death, move, or major purchase, and at least every three to five years even if nothing has changed.
Is a living trust required for a complete estate plan in Tennessee?
No. A will, powers of attorney, and an advance directive form a complete baseline plan. A living trust is an optional add-on mainly useful for avoiding probate on real estate or a larger estate.
Where should I keep my signed Tennessee estate planning documents?
Keep the originals in a fireproof home safe or a labeled folder your executor and agent already know about. A bank safe deposit box can be difficult to access at your death until the executor is appointed, which can delay access at the exact moment your family needs the will.
Start with the document that matters most: build your Tennessee-compliant will today with FastWill's will builder, then add powers of attorney and an advance directive to round out the plan.
