Tennessee Last Will and Testament Package

Category:
State:
Tennessee
Control #:
TN-P080-PKG
Format:
Word; 
Rich Text; 
PDF
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Definition and meaning

The Tennessee Last Will and Testament Package is a collection of legal documents designed to help individuals articulate their last wishes regarding property distribution and other crucial matters after their passing. This package typically includes a Last Will and Testament, an Estate Planning Questionnaire, and a Personal Planning Information and Document Inventory Worksheets. These documents ensure that your desires regarding estate management are clearly defined and legally recognized.

How to complete a form

Completing the Tennessee Last Will and Testament is a straightforward process that involves several key steps:

  1. Begin by reading through the entire Last Will and Testament document to understand its structure and requirements.
  2. Gather necessary information about your assets, beneficiaries, guardians for minor children, and any specific bequests you wish to make.
  3. Fill out the form accurately, ensuring that all fields are completed to avoid delays or rejection.
  4. Review the document for any errors or omissions before finalizing.
  5. Sign the document in the presence of witnesses, adhering to state laws regarding witness requirements.

Keep a copy of the completed will in a secure location and inform your loved ones where it can be found.

Who should use this form

The Tennessee Last Will and Testament Package is suitable for anyone who wants to ensure their final wishes are respected after their death. This includes:

  • Individuals with dependents, such as children or pets, who need guardians to be appointed.
  • Property owners looking to designate how their assets should be distributed.
  • People wishing to leave specific gifts or bequests to family, friends, or charitable organizations.
  • Anyone looking to communicate their personal wishes regarding last rites or burial arrangements.

Legal use and context

In Tennessee, a Last Will and Testament serves as the highest legal answer to managing an individual's estate after death. This document can simplify the probate process and avoid complications regarding asset distribution. Without a valid will, the state’s intestacy laws will determine how your assets are divided, which may not align with your personal wishes. Hence, utilizing this package is critical for maintaining control over your estate.

Key components of the form

The Tennessee Last Will and Testament typically contains the following essential components:

  • Testator's Information: The name and details of the individual making the will.
  • Beneficiaries: Names of individuals or entities who will inherit the estate.
  • Executor: The person responsible for ensuring that the will is executed as per the testator's instructions.
  • Specific Bequests: Any particular items or amounts of money that are to be given to certain individuals.
  • Guardianship Designations: Appointing guardians for minor children, if applicable.

Common mistakes to avoid when using this form

When completing the Tennessee Last Will and Testament Package, be cautious of the following common errors:

  • Failing to sign and date the document properly, which could render it invalid.
  • Omitting witness signatures, as required by Tennessee law.
  • Not clearly identifying beneficiaries or assets, leading to potential disputes.
  • Neglecting to keep the will updated, especially after significant life changes such as marriage, divorce, or the birth of a child.
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FAQ

No. You can make your own will in Tennessee, using Nolo's do-it-yourself will software or online will programs. However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or if you want to disinherit your spouse, you should talk with an attorney.

For the vast majority of individuals, my cost to prepare an estate package including a Will, Power of Attorney, Healthcare Power of Attorney and Living is a flat rate of $450.00. I charge this same flat rate for both single individuals and married couples.

A person's last will and testament outlines what to do with possessions, whether the deceased will leave them to another person, a group or donate them to charity, and what happens to other things that they are responsible for, such as custody of dependents and management of accounts and financial interests.

The short answer is yes, online wills are legitimate as long as you ensure they comply with federal and state laws. Online will companies hire licensed attorneys and legal professionals to carefully word their estate planning documents so that each is legally binding.

No. You can make your own will in Tennessee, using Nolo's do-it-yourself will software or online will programs. However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or if you want to disinherit your spouse, you should talk with an attorney.

Generally, yes. The Tennessee statute on Wills recognizes the validity of holographic or handwritten Wills. T.C.A. § 32-1-105.

Tennessee allows residents to personally sign a handwritten will that's legal in the state.An attorney will help you spell out your wishes and plans in a way that will be clear and easy to execute, saving your beneficiaries time and money in probate court.

To make a will self-proved in Tennessee, the witnesses must sign a self proving affidavit before a notary public. An affidavit is a sworn statement, and a notary public is an officer of the court. Therefore, an affidavit before a notary public is like making a statement in court.

Tennessee, however, has no statutory time limit for when an executor must submit the will for probate. There is no penalty for not probating a will. That means if the will is never submitted to probate, the assets remain in the decedent's name so long as the estate continues to pay the required taxes.

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Tennessee Last Will and Testament Package