Protect Tennessee Estates with Powerful Pour-Over Wills
TL;DR: In Tennessee, a pour-over will directs any probate assets you still own at death into your revocable living trust, so everything follows one set of instructions. Assets already titled in your trust generally transfer outside probate. A pour-over will does not itself avoid probate for assets left outside the trust. Get the will and trust signed with Tennessee-required formalities and keep your trust funded during life.
What Is a Pour-Over Will?
A pour-over will is a last will and testament that directs any probate assets you still own at death (those not already in your trust or passing by beneficiary designation or survivorship) to be transferred to your revocable living trust. It acts as a safety net so overlooked or newly acquired assets can still follow your trust’s distribution plan. Tennessee law expressly permits devising property to a trustee of a trust, including one you created during life. See Tenn. Code Ann. § 32-3-103 (Testamentary additions to trusts).
Why Tennesseans Use Pour-Over Wills
- One roadmap: Consolidate your estate plan under a single set of trust instructions.
- Less court involvement for trust assets: Assets already titled in your trust typically transfer outside probate under the Tennessee Uniform Trust Code.
- Backstop for stragglers: Catch assets accidentally left outside the trust.
- Incapacity coordination: Align your trust with powers of attorney and advance directives.
- Smoother administration: Reduce friction for your executor and successor trustee.
How a Pour-Over Will Works with a Revocable Trust
You create a revocable living trust and retitle appropriate assets to the trust during life. Your pour-over will names your trust as the primary beneficiary of any probate assets remaining at death. After your passing, your executor administers probate for assets left in your individual name and transfers them to the trust. Your successor trustee then administers and distributes those assets according to the trust terms.
Key Tennessee Formalities
Tennessee requires wills to meet specific execution rules. Generally:
- Attested (typed) wills: Must be signed by the testator and two witnesses as provided in Tenn. Code Ann. § 32-1-104.
- Holographic wills: Recognized if statutory requirements are met (material provisions in the testator’s handwriting and proper proof). See Tenn. Code Ann. § 32-1-105.
- Self-proving affidavit: Notarization can be used with the witnesses to create a self-proved will that eases probate. See Tenn. Code Ann. § 32-2-110.
Execution details can vary based on your document type and circumstances. Consult counsel before signing.
Probate Considerations
A pour-over will does not avoid probate for assets left in your individual name at death; those assets typically must be probated before they can be distributed to your trust. See the Tennessee Administration of Estates statutes (Title 30). By contrast, assets already titled in your revocable trust are generally administered by your trustee outside the probate process under the Tennessee Uniform Trust Code. Funding your trust during life is the most reliable way to limit court involvement.
Coordinating Beneficiary Designations
Review payable-on-death (POD) and transfer-on-death (TOD) designations on accounts where available, retirement plan beneficiaries, and life insurance to ensure they align with your trust plan. Inconsistent designations can undermine your distribution goals or tax planning. Update designations after major life events and when you amend your trust.
Practical Tips
- Keep a current asset list with how each item passes (trust title, beneficiary, or probate).
- Use a Tennessee self-proving affidavit to reduce witness hassles in probate.
- Record new deeds promptly when funding real estate into your trust.
- Coordinate business interests with buy-sell agreements that reference the trust.
- Set calendar reminders to review funding and beneficiaries annually.
Tennessee Pour-Over Will Checklist
- Revocable living trust executed and kept current.
- Pour-over will naming the trust as beneficiary of probate residue.
- Two disinterested witnesses for an attested will; consider self-proving affidavit.
- Deeds, assignments, and account retitling to fund the trust.
- Updated POD/TOD, retirement, and insurance beneficiaries.
- Named successor trustee and back-up executor.
- Ancillary documents: financial and health care powers of attorney, advance directive.
- File or store originals securely; share instructions with fiduciaries.
Common Mistakes to Avoid
- Creating a trust but not retitling assets into it.
- Relying on a pour-over will alone without funding the trust.
- Forgetting to update beneficiary designations.
- Omitting a successor trustee or clear distribution terms.
- Executing the will without observing Tennessee formalities.
- Not coordinating real estate, business interests, and out-of-state property with your plan.
When to Update Your Plan
Review your pour-over will and trust after life changes such as marriage, divorce, birth or adoption, relocation to or from Tennessee, significant asset changes, or new business ventures. Regular reviews help ensure your trust remains properly funded and your pour-over will still matches your objectives.
Getting Started in Tennessee
- Draft a pour-over will that validly names your trust as beneficiary.
- Create or update a revocable living trust with clear successor trustee provisions.
- Properly fund the trust with deeds, assignments, and account retitling.
- Coordinate beneficiary designations and business succession terms.
- Prepare ancillary documents such as powers of attorney and advance directives.
Ready to plan? Contact our Tennessee estate planning team to get started.
FAQ
Does a pour-over will avoid probate in Tennessee?
No. It directs remaining probate assets into your trust after probate. To reduce probate, fund the trust during life and align beneficiary designations.
Can my trust be amended without changing the pour-over will?
Often yes. If your will references your revocable trust, later trust amendments can govern distributions without revising the will, provided the will’s reference remains valid.
What happens if my trust is not in existence when I die?
Tennessee permits testamentary additions to an existing trust or one identified in the will. Ensure the trust exists and is clearly identified before signing your will.
Do I need two witnesses in Tennessee?
For an attested will, yes. Two witnesses are required, and a self-proving affidavit is recommended to streamline probate.
Should I name my trust as beneficiary of retirement accounts?
It depends on tax and beneficiary goals. Coordinate with counsel and your plan custodian before naming a trust to ensure compliance with federal and plan rules.
Sources
- Tenn. Code Ann. § 32-3-103 (Testamentary additions to trusts)
- Tenn. Code Ann. § 32-1-104 (Execution and attestation of wills)
- Tenn. Code Ann. § 32-1-105 (Holographic wills)
- Tenn. Code Ann. § 32-2-110 (Self-proved will — form)
- Tennessee Uniform Trust Code (Title 35, Chapter 15)
- Administration of Estates (Title 30)
Next step: Schedule a consultation with a Tennessee estate planning attorney today.
Disclaimer (Tennessee): This information is general and not legal advice. Reading it does not create an attorney-client relationship. Laws change, and application depends on your facts—consult a licensed Tennessee attorney about your specific situation.