Wills and Trusts in Gallatin and Middle Tennessee
03. Wills & Trusts
Making a Valid Tennessee Will
A will or trust tells the court and your family who gets what, and who is in charge. Tennessee has strict signing rules, and a small mistake can send your property through the default rules instead of your wishes. We prepare wills and trusts for families in Sumner, Wilson, Robertson, Williamson and Davidson counties. Our team includes a probate paralegal with 20 years of experience in probate, wills and estates.
Who can make a will. Any person of sound mind who is 18 or older may make a will in Tennessee (Tenn. Code Ann. § 32-1-102).
How a Tennessee will must be signed. For a typed will, Tennessee requires (Tenn. Code Ann. § 32-1-104):
• You tell the witnesses the document is your will.
• You sign it, acknowledge a signature you already made, or have someone sign your name for you, at your direction and in your presence.
• This happens in front of at least two witnesses.
• The witnesses sign in your presence and in the presence of each other.
The self-proving affidavit. Your witnesses can also sign a sworn affidavit before a notary or other officer authorized to give oaths. If no one contests the will, the probate court accepts that sworn statement as if the witnesses had testified in court (Tenn. Code Ann. § 32-2-110). That can save your family time after you are gone.
Handwritten (holographic) wills. A will written entirely by hand can be valid without witnesses. But your signature and all the important parts must be in your handwriting, and two witnesses must later prove it is your handwriting (Tenn. Code Ann. § 32-1-105). Handwritten wills often leave gaps. We can help you replace one with a will that is easier to prove.
If there is no will. Tennessee's intestacy law decides. For example, if you are married with children, your spouse receives one-third or a child's share, whichever is greater, and your children share the rest (Tenn. Code Ann. § 31-2-104). If you are married with no children, your spouse receives everything. That may not match what you want. Read what happens if you die without a will or see our probate page.
Call (615) 997-7618 to talk with Kylene Ross about your plan.
Trusts and Keeping Your Plan Current
Revocable living trusts. Tennessee trusts follow the Tennessee Uniform Trust Code (Tenn. Code Ann. Title 35, Chapter 15).
• You keep control. Unless the trust document expressly says it is irrevocable, you can revoke or amend it (Tenn. Code Ann. § 35-15-602). While it is revocable and you have capacity, the trustee's duties are owed to you (Tenn. Code Ann. § 35-15-603).
• The trust must be funded. Real estate, stocks and accounts must be registered or recorded in the trust's name. Household goods can be assigned in writing (Tenn. Code Ann. § 35-15-402).
• One person cannot be both sole trustee and sole beneficiary (Tenn. Code Ann. § 35-15-402).
Pour-over wills. A pour-over will leaves property to the trustee of your trust, so anything left outside the trust can be added to it. Tennessee allows this even if the trust can be amended or revoked, as long as the will identifies the trust and its terms are in a separate written document (Tenn. Code Ann. § 32-3-106).
When to update your will.
• Divorce. A divorce or annulment revokes gifts to your former spouse and cancels naming them as executor, trustee, conservator or guardian, unless your will says otherwise (Tenn. Code Ann. § 32-1-202).
• Marriage and a new child. In Tennessee, getting married and having a child after you sign your will revokes the will (Tenn. Code Ann. § 32-1-201).
• Moving, a death in the family, or new property. Any of these is a good reason for a review.
Plan for the rest, too. A will covers what happens after death. A power of attorney and advance directive cover decisions if you cannot make them during life. See all of our estate planning and probate services.
Local court. Wills in Sumner County are probated in the Sumner County Chancery Court, Clerk and Master's office, 155 East Main Street, Room 3600, Gallatin.
Call (615) 997-7618 to talk with Kylene Ross about a will or trust. Prefer to write first? Send us a message and we are notified right away.
Preparation before and quick action after a loved one passes are the keys to estate matters
Talk to a Lawyer Today
Whether you are planning ahead or handling the estate of someone who has passed, call (615) 997-7618 to talk with Kylene Ross. Prefer to write first? Send us a message and we are notified right away.