Why Creating a Will in Tennessee Is Better Than Dying Intestate
When it comes to estate planning, one of the most important decisions you can make is whether or not to create a will. In Tennessee, dying without a will—known as dying “intestate”—can lead to unintended consequences for your family and loved ones. A legally valid will gives you control, clarity, and peace of mind. Let’s explore why having a will in Tennessee is far better than leaving things up to the state’s intestacy laws.
1. You Choose Who Gets What
With a will:
You decide exactly who inherits your property, whether it’s your spouse, children, friends, or a favorite charity. You can leave specific items or dollar amounts to particular people. You can also leave specific people out that would otherwise inherit under Tennessee’s intestacy laws.
Without a will (intestate):
Tennessee law determines your heirs based on a strict legal formula. Typically, your spouse or closest blood relatives will inherit, even if you were estranged or had different wishes. For example, if you're married with children, your spouse and children will share your estate—possibly leaving your spouse with only a portion of what you may have intended.
2. You Appoint the Executor You Trust
With a will:
You name the executor—the person who will carry out your wishes and manage your estate. This can be a responsible family member, a trusted friend, or even a professional.
Without a will:
A court will appoint someone, possibly a person you wouldn’t have chosen or someone who isn’t up to the task.
3. You Can Name Guardians for Minor Children
With a will:
You can nominate a guardian to care for your children if something happens to you. This is especially important for single parents or in blended families. Ensuring that your children are cared for properly and according to your wishes can give your family peace of mind.
Without a will:
The court decides who will raise your children—without your input. The process can be stressful for surviving family members and may lead to disagreements. In the event of disagreements, your children could end up in the hands of the state.
4. You Simplify the Probate Process
With a will:
Having a clear, properly executed will helps your loved ones avoid confusion and disputes during probate—the court-supervised process of settling your estate. A will can also make probate quicker and less expensive.
Without a will:
Probate can become more complicated, costly, and time-consuming. The court must identify your heirs, appoint an administrator, and oversee asset distribution without guidance from you.
5. You Avoid Unintended Outcomes
Tennessee intestate laws don’t account for nontraditional families, stepchildren, long-term partners, or close friends. Without a will:
Unmarried partners get nothing.
Stepchildren aren’t automatically included.
Distant relatives you barely knew may inherit your estate.
Your personal values and priorities are left out of the equation.
The Bottom Line
Creating a will in Tennessee is a straightforward and empowering step that protects your loved ones and ensures your wishes are honored. Dying without one leaves your legacy in the hands of the state—possibly leading to stress, confusion, and outcomes you never intended.
If you’re ready to take control of your estate, we can help you draft a will that reflects your values and safeguards your family's future. Book a consultation with us to discuss!
