Tennessee Last Will and Testament

Intestacy: Dying without a will

Someone who dies without a will is called “intestate,” which invokes the strict laws of intestacy. In Tennessee, in the absence of a will, a surviving spouse inherits the entire estate unless the decedent and surviving spouse also share descendants, in which case the spouse and descendants equally share (but the spouse’s share cannot be less than one-third).

If there is no surviving spouse, descendants, or parents, other relatives, including siblings and grandparents, will inherit depending on the closeness of the relation.

Exceptions to the ability to distribute property

Not all property can be distributed according to a will. Some exceptions in Tennessee include the following:

• Property owned in joint tenancy with right of survivorship
• One-half of the community property passes to the surviving spouse
• Share to the surviving spouse if omitted from the will, unless it appears from either the will or other evidence that omission was intentional
• Share to the surviving child if omitted from the will, unless it appears from either the will or other evidence that omission was intentional

Form a last will in Tennessee

The basic requirements for a Tennessee last will and testament include the following:

• Age: The testator must be at least 18 years old.
• Capacity: The testator must be of sound mind.
• Signature: The will must be signed by the testator or by someone else in the testator’s name in his presence, by his direction.
• Witnesses: A Tennessee will must be signed by at least two witnesses, who should not also be beneficiaries in the will, in the presence of the testator and of each other.
• Writing: A Tennessee will must be in writing.
• Beneficiaries: A testator can leave property to anyone.