Tennessee Living Trusts: Revocable Trusts & Probate

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.

This is general information, not legal advice. Talk to a Tennessee attorney about whether a trust fits your plan.

A living trust is a legal arrangement you create during your life to hold and manage your property — and to pass it on without probate.

The law behind Tennessee trusts

Trusts in Tennessee are governed by the Tennessee Uniform Trust Code (T.C.A. Title 35, Chapter 15). It sets out how trusts are created, administered, and revoked.

Revocable living trusts

A revocable living trust (T.C.A. § 35-15-602) can be amended or revoked by the settlor at any time during life. You stay in control: you can move assets in or out, change beneficiaries, or undo the trust entirely.

How a trust avoids probate

If a revocable trust is funded — meaning you actually transfer assets into it during your life — those assets pass to your beneficiaries outside probate. This is the key benefit, but it only works for property you take the time to retitle into the trust. Assets left out may still need probate.

Trust vs. will

A trust complements, rather than replaces, a will — many plans use a “pour-over” will to catch anything left outside the trust. For other probate-avoidance tools, see avoiding probate.

To get matched with a local Tennessee estate-planning attorney, connect with a lawyer.

Frequently asked questions

Can I change or cancel my Tennessee living trust?

Yes. A revocable living trust can be amended or revoked by the settlor during life (T.C.A. § 35-15-602), part of the Tennessee Uniform Trust Code.

Does a Tennessee living trust avoid probate?

A funded revocable trust lets the assets it holds pass outside probate. But it only works for property you actually transfer into the trust during your life — unfunded assets may still go through probate.

What law governs trusts in Tennessee?

Trusts are governed by the Tennessee Uniform Trust Code, found at T.C.A. Title 35, Chapter 15.

Related guides

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.

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 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).

Tennessee Living Trusts: How They Work