Avoiding Probate in Tennessee
Several assets pass outside probate in Tennessee: beneficiary designations, payable-on-death/transfer-on-death accounts, joint tenancy with right of survivorship, and a funded revocable trust. Unlike some states, Tennessee has historically not allowed a transfer-on-death (beneficiary) deed for real estate — an area to confirm with a current attorney, as it has been the subject of recent legislation.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Talk to a Tennessee attorney about your specific situation.
Probate is the court process for settling an estate. Much of your property can pass to your loved ones without going through it — if you plan ahead.
Assets that pass outside probate
In Tennessee, these commonly pass outside probate:
- Beneficiary designations — life insurance and retirement accounts that name a beneficiary.
- Payable-on-death (POD) / transfer-on-death (TOD) accounts — bank and brokerage accounts with a named recipient.
- Joint tenancy with right of survivorship — property that passes automatically to the surviving owner.
- A funded revocable trust — assets actually transferred into a living trust during your life.
Real estate and TOD deeds — confirm the current rule
Some states allow a transfer-on-death (beneficiary) deed to pass real estate at death. Tennessee has historically not allowed a real-estate TOD deed. This area has been the subject of recent legislation, so don’t assume one is available — confirm the current rule with a Tennessee attorney before relying on it.
Coordinate with the rest of your plan
Probate avoidance works best alongside a valid will — often a pour-over will to catch anything left out. Anything not covered may still go through probate.
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Start your free intakeFrequently asked questions
- What assets skip probate in Tennessee?
- Assets with beneficiary designations, payable-on-death (POD) or transfer-on-death (TOD) accounts, property held in joint tenancy with right of survivorship, and assets held in a funded revocable trust generally pass outside probate.
- Does Tennessee allow a transfer-on-death deed for real estate?
- Historically, no — unlike some states, Tennessee has not allowed a real-estate transfer-on-death (beneficiary) deed. This has been the subject of recent legislation, so confirm the current rule with a Tennessee attorney.
- Is a funded revocable trust a way to avoid probate?
- Yes. Assets you actually transfer into a funded revocable living trust during your life can pass to beneficiaries outside probate.
Sources
Related guides
- Tennessee Advance Directives & Living Wills Tennessee lets you plan for medical decisions through the Tennessee Health Care Decisions Act (T.C.A. § 68-11-1801 et seq.) — an advance directive and the appointment of a health-care agent — and through a living will under the Tennessee Right to Natural Death Act (T.C.A. § 32-11-101 et seq.), which directs whether life-sustaining procedures are used.
- Tennessee Intestate Succession: Dying Without a Will If you die without a will, Tennessee's intestacy rules apply (T.C.A. § 31-2-104). If you leave surviving descendants, your spouse takes a child's share but not less than one-third (1/3) of the estate; if you leave no descendants, the spouse takes the entire estate. So with one child the spouse takes 1/2; with two or more children the spouse takes 1/3.
- Tennessee Living Trusts: How They Work Trusts in Tennessee are governed by the Tennessee Uniform Trust Code (T.C.A. Title 35, Chapter 15). A revocable living trust (§ 35-15-602) can be amended or revoked by the settlor, and — if it is funded — lets the assets it holds pass outside probate. A trust only avoids probate for property actually transferred into it during your life.
- Tennessee Power of Attorney: Durable POAs Explained Under the Tennessee Uniform Durable Power of Attorney Act (T.C.A. § 34-6-101 et seq.), a power of attorney is durable — surviving the principal's later incapacity — only if it contains durability language showing that intent, such as 'This power of attorney shall not be affected by subsequent disability or incapacity of the principal' (T.C.A. § 34-6-102). Without that language, the agent's authority ends if the principal becomes incapacitated.
- Tennessee Wills: Requirements & How They Work A standard Tennessee will must be in writing, signed by the testator, and attested by at least two witnesses who sign in the testator's presence (T.C.A. § 32-1-104). Tennessee also recognizes holographic wills — valid without witnesses if the signature and all material provisions are in the testator's own handwriting (T.C.A. § 32-1-105). Oral (nuncupative) wills are allowed only in very limited deathbed circumstances (T.C.A. § 32-1-106).
- Related area: Probate in Tennessee