Tennessee Estate Plans: Shield Your Home from Probate

Why avoiding probate for your home matters

Probate is a court process to transfer property after someone passes away; it can add time, cost, and public filings to the transfer of a home. With the right estate plan, many Tennessee families can transfer real estate more efficiently, maintain privacy, and reduce friction for loved ones. Learn more at the Tennessee state courts probate overview.

Revocable living trusts for Tennessee real estate

A revocable living trust is one of the most flexible ways to keep your home out of probate. You create the trust, can serve as trustee during your lifetime, and retain the right to amend or revoke it. To be effective for probate avoidance, the deed to your home must be retitled from your individual name to the name of the trust. After death, the successor trustee can transfer or sell the property according to the trust terms without probate.

• Fund the trust: Properly deed the property into the trust and record the deed in the county where the property is located.
• Coordinate logistics: Notify your insurance carrier and mortgage servicer and confirm coverage and servicing remain appropriate.
• Use a pour-over will: Capture any assets not already in the trust so they can be added after death.

Want help funding a trust and recording deeds correctly? Contact us.

Transfer-on-death deeds are not currently authorized in Tennessee

Some states allow real estate to pass via a transfer-on-death (TOD) or beneficiary deed that bypasses probate. As of the last review date, Tennessee has not adopted a statute authorizing TOD deeds for real property. See the Uniform Law Commission status page. Homeowners typically use a revocable living trust, carefully structured joint ownership, or a life estate to achieve similar outcomes.

Using joint ownership strategically

Titling a home as joint tenants with right of survivorship—or as tenants by the entirety for married couples—can allow the surviving owner to take full title without probate at the first spouse’s death. Tennessee law recognizes survivorship if clearly expressed in the deed, and tenancies by the entirety for spouses include survivorship. See T.C.A. § 66-1-109.

• Creditor exposure: Adding a co-owner may expose the property to that person’s creditors.
• Control and flexibility: A co-owner generally must agree to sell or refinance.
• Unintended shares: If both owners die close in time, probate may still be required unless additional planning is in place.
• Documentation: Ensure the deed clearly states survivorship language recognized under Tennessee law.

Life estate deeds and remainder interests

A life estate deed lets you keep the right to live in the home during your lifetime while naming a remainder beneficiary to receive the property at death. This can avoid probate for the home, but it is difficult to unwind without the remainder beneficiary’s consent and may affect eligibility for certain benefits. It can also expose the property to the remainder beneficiary’s legal or creditor issues. Consider alternatives—such as a revocable living trust—if you want more flexibility.

Beneficiary designations for non-real estate assets

While not applicable to real estate in Tennessee, pay-on-death (POD) or transfer-on-death (TOD) designations on bank and brokerage accounts, retirement plans, and life insurance can keep those assets out of probate. Coordinating these designations with your trust and will helps ensure your overall plan works as intended.

Small estate pathways and affidavits

Tennessee provides simplified processes for smaller estates, but these procedures are generally limited to personal property and do not transfer title to real property. See T.C.A. Title 30, Chapter 4. Even when a simplified path is available, planning ahead with a trust or appropriate titling usually provides a clearer, faster transfer for a home.

Common pitfalls to avoid

• Funding failures: Creating a trust without deeding the home into it will not avoid probate for that property.
• Out-of-date deeds: Missing survivorship language can force probate.
• Mixing strategies: Joint ownership, life estates, and trusts can conflict if not coordinated.
• Mortgage and insurance oversights: Notify lenders and insurers when you retitle property to a trust and confirm coverage remains appropriate.
• Tax assumptions: Probate avoidance does not determine property tax, income tax, or federal estate and gift tax outcomes—review these separately.

Steps to get started in Tennessee

• Inventory your real estate and confirm current deed language.
• Decide whether a revocable living trust fits your goals and family dynamics.
• Align beneficiary designations on financial accounts with your plan.
• Update your will (often a pour-over will) and powers of attorney.
• Record any new deeds in the county where the property is located and keep certified copies with your records.
• Revisit your plan after major life events or property changes.

FAQs

Does Tennessee allow transfer-on-death deeds for homes?

No. Tennessee has not authorized TOD/beneficiary deeds for real property. Consider a revocable living trust, survivorship deeds, or life estates instead.

Will a revocable trust affect my mortgage or property taxes?

Generally, retitling to your revocable trust does not trigger due-on-sale under federal rules and should not change property taxes, but you should notify your lender and verify county tax records.

Do tenants by the entirety avoid probate?

Yes, at the first spouse’s death the survivor typically takes full title without probate if the deed is properly structured.

Can I undo a life estate if I change my mind?

Not easily. You usually need the remainder beneficiary’s consent and may face legal or tax implications. A revocable trust offers more flexibility.

What if I forget to move my home into my trust?

Your pour-over will may still require probate for the home. Properly funding the trust during life is key to avoiding probate.

When to consult a Tennessee estate planning attorney

Work with counsel if you own multiple properties, have a blended family, wish to protect beneficiaries with trusts, face creditor concerns, or want to integrate tax planning. An attorney can prepare the trust, draft and record deeds correctly, and coordinate your entire plan so your home passes as intended without probate. Talk with our Tennessee team.

Sources

• Tennessee state courts — Probate overview
• T.C.A. § 66-1-109 (survivorship language; tenancy by the entirety)
• Uniform Law Commission — Real Property Transfer on Death Act (status)
• T.C.A. Title 30, Chapter 4 (Small Estates)

Disclaimer

This blog is for general informational purposes only and is not legal advice. Tennessee law changes over time, and outcomes depend on your specific facts. Reading this does not create an attorney-client relationship. Consult a Tennessee-licensed attorney about your situation.