Tennessee Wills & Estate Planning Lawyer

Most people put off writing a will because it forces a confrontation with uncomfortable realities. But in Tennessee, dying without one does not mean your assets pass quietly to the people you intended. It means the state’s intestacy statutes decide who gets what, and those default rules rarely match what any particular family actually needs. A Tennessee wills and estate planning lawyer from The Law Offices of Christopher Eads, PLLC can help you put a legally enforceable plan in place before those decisions get made for you.

What Tennessee’s Intestacy Laws Actually Do to Your Estate

Tennessee Code Annotated Section 31-2-104 governs what happens when someone dies without a valid will. Under that statute, a surviving spouse shares the estate with children, and the split depends on how many children exist. If you have three children, your spouse receives one-fourth of the probate estate. That is often not what couples expect or want, and it can create real tension within a family that is already grieving.

The intestacy rules treat all legal children equally regardless of your actual relationship with them. An estranged adult child from a prior relationship receives the same intestate share as a child you raised and supported daily. Stepchildren, foster children, and close friends receive nothing under intestacy, no matter how significant their role in your life. The law has no mechanism for nuance, which is exactly why a written, signed, and witnessed will is the only tool that actually reflects your intentions.

Unmarried partners face an especially stark outcome. Tennessee intestacy law provides no inheritance rights to a partner who is not legally married to the deceased, regardless of how long the relationship lasted or how intertwined their finances were. Without a will or other estate planning instruments, a surviving partner could be left with nothing while distant relatives inherit by default.

Core Documents in a Tennessee Estate Plan

A will is the foundation of any estate plan, but it rarely functions well in isolation. Tennessee law recognizes several additional instruments that work alongside a will to handle specific situations the will itself cannot address. A durable power of attorney, governed by T.C.A. Section 34-6-101, allows a designated agent to manage your financial affairs if you become incapacitated. Without it, a family member who needs to pay your bills or manage your accounts during a medical crisis may need to petition a court for conservatorship, a process that takes time and money and unfolds publicly.

A healthcare power of attorney and an advance directive, sometimes called a living will, address medical decision-making when you cannot speak for yourself. These documents do different things. The healthcare power of attorney names someone to make decisions on your behalf. The advance directive records your specific instructions about end-of-life treatment. Having both ensures that the person you trust is empowered to act and that they understand your actual wishes rather than guessing under pressure.

Revocable living trusts have become a common planning tool in Tennessee because they allow assets to pass to beneficiaries outside of probate entirely. Wilson County Probate Court handles estate matters for residents of Mount Juliet and Lebanon, and while Tennessee’s probate process is less cumbersome than in some states, it still involves filing fees, a mandatory creditor waiting period, and public court records. A properly funded trust sidesteps all of that. Assets titled in the name of the trust pass directly to trust beneficiaries without court involvement.

Tennessee Probate Court: How the Process Works in Wilson County

When a person dies with a will in Wilson County, the will must be admitted to probate at the Wilson County Probate Court located in Lebanon. The executor named in the will petitions the court for letters testamentary, which is the legal authority to act on behalf of the estate. From there, the executor must inventory assets, notify creditors, publish notice to unknown creditors, pay valid debts, file any required tax returns, and ultimately distribute what remains to the beneficiaries named in the will.

Tennessee law requires creditors to be given a period of time to file claims against the estate. During that window, assets generally cannot be distributed to beneficiaries, which means probate takes several months at minimum even for straightforward estates. More complex estates involving business interests, real property in multiple states, or disputed claims can take considerably longer. Each step in that process requires attention to court deadlines and procedural requirements that vary depending on the circumstances of the estate.

Contested wills add another layer entirely. Tennessee courts will hear challenges based on lack of testamentary capacity, undue influence, fraud, or improper execution. The burden of proof in a will contest falls on the challenger, but that does not make these disputes quick or inexpensive. Careful drafting and proper execution at the outset, including having the will signed before two witnesses who are not beneficiaries, is the most effective way to reduce the risk of a successful challenge later.

Planning for Minor Children and Blended Families in Tennessee

Parents of minor children have an additional reason to complete an estate plan promptly. Tennessee law allows parents to name a guardian for minor children within a will. Without that designation, a court appoints a guardian based on a best-interests standard, which may or may not align with what the parents would have chosen. A will that names a guardian does not guarantee the court will follow that nomination, but it carries significant legal weight and gives the court clear evidence of parental intent.

Blended families, which are increasingly common in the Mount Juliet and Lebanon areas as Middle Tennessee’s population continues to grow, face particular complexity in estate planning. A surviving spouse is not legally obligated to leave assets to a deceased spouse’s children from a prior relationship. Assets that pass outright to a surviving spouse can ultimately be redirected entirely to that spouse’s own children or new partner. Trusts designed specifically for blended families, including what practitioners call QTIP trusts, allow a deceased spouse to provide income for a surviving spouse during their lifetime while preserving the principal for children from a prior relationship.

What Changes When You Have Experienced Counsel vs. When You Don’t

The difference between a DIY will and one prepared by an attorney who understands Tennessee’s execution requirements is not always visible until the document is tested. Tennessee requires two witnesses to sign the will in the presence of the testator and each other. A self-proving affidavit, signed before a notary at the time of execution, allows the will to be admitted to probate without requiring the witnesses to appear in court. These are technical requirements that online forms frequently handle inadequately, and a will that fails to meet them may be rejected entirely or subject to challenge.

Beyond execution formalities, an estate planning attorney identifies issues that a general checklist does not surface. Beneficiary designations on retirement accounts, life insurance policies, and bank accounts pass outside of a will entirely. If those designations name a deceased person or a former spouse, or if they conflict with what the will says, the designation controls. Many people complete detailed wills while leaving beneficiary designations unchanged for decades. An attorney reviewing an estate plan looks at the full picture, not just the will in isolation.

Christopher Eads brings a background in civil litigation and a track record of case resolution that reflects detailed preparation rather than shortcuts. That same methodical approach applies to estate planning work, where the goal is building documents that hold up precisely when they are most needed and most scrutinized.

Common Questions About Tennessee Wills and Estate Planning

Does Tennessee recognize handwritten wills?

Yes, Tennessee does recognize holographic wills, which are wills written entirely in the testator’s own handwriting and signed by them. No witnesses are required for a holographic will to be valid. That said, they frequently cause problems in probate because they often omit critical information, and courts sometimes have to interpret ambiguous language without any extrinsic guidance. A typed will with proper witnesses and a self-proving affidavit is significantly more reliable.

Can I leave my spouse out of my will in Tennessee?

Not entirely. Tennessee law provides a surviving spouse with an elective share of the estate, which is the right to claim a portion of the deceased spouse’s net estate regardless of what the will says. The size of that elective share depends on the length of the marriage. You can plan around this in various ways, but you cannot simply disinherit a spouse the same way you can disinherit an adult child.

How often should I update my estate plan?

After any major life change, frankly. Marriage, divorce, the birth of a child, the death of a beneficiary or named executor, a significant change in assets, or a move to or from Tennessee are all events that warrant a review. What was an accurate and functional plan five years ago may no longer reflect your actual situation or wishes.

Does a trust avoid estate taxes?

A revocable living trust does not reduce federal estate tax liability because you still control the assets during your lifetime and they remain part of your taxable estate. For most Tennessee residents, the federal estate tax threshold is high enough that it is not a concern. But for larger estates, irrevocable trust structures exist specifically for tax planning purposes. That is a conversation that requires specific analysis of your assets and goals.

What happens to my business if I die without a plan?

It depends on how the business is structured and who your co-owners, if any, are. Without a succession plan or buy-sell agreement, a business interest can pass to heirs who have no interest or ability to run the company, creating serious problems for both the business and the estate. Business succession planning is a distinct component of estate planning that addresses ownership transfer, valuation, and continuity.

Is probate always required in Tennessee?

No. Assets held in a living trust, accounts with named beneficiaries, jointly held property with right of survivorship, and accounts designated as payable-on-death pass outside of probate. For estates where the value of solely owned probate assets is small, Tennessee has a small estate affidavit procedure that allows collection of assets without opening a formal probate proceeding.

Wilson County and Middle Tennessee Communities We Serve

The Law Offices of Christopher Eads, PLLC serves clients throughout Wilson County and the surrounding region of Middle Tennessee. Most clients come from Mount Juliet and Lebanon, which are home to a growing permanent population drawn by proximity to Nashville via Interstate 40 and the broader development along the Lebanon Road corridor. The firm also serves residents of Murfreesboro, where Rutherford County’s rapid growth has brought thousands of new families who need estate plans that reflect Tennessee law. Gallatin and Hendersonville in Sumner County are additional service areas, as are Smyrna, La Vergne, and Hermitage. Clients from Watertown and other smaller Wilson County communities regularly work with the firm on both estate planning and personal injury matters.

Speak with a Tennessee Estate Planning Attorney

There is no consultation fee to speak with our attorneys about your estate planning needs. Call today to schedule a meeting and get a clear picture of what a complete Tennessee estate plan involves for your specific family and financial situation. Working with a Tennessee wills and estate planning attorney from The Law Offices of Christopher Eads, PLLC means having documents prepared and reviewed by someone who understands both the technical requirements of Tennessee law and the practical consequences of getting those details wrong.