Tennessee Probate Forms

Tennessee Will Instructions - Divorced & Remarried – Mine, Yours and Ours

U.S. Legal Forms, Inc.

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This form is designed to be completed on your computer. Click each field and type the requested information. If completing by hand, write the information next to the field numbers.

Field Completion Instructions

Field [1] - Your name.

Field [2] - Your name.

Field [3] - Your County of Residence.

Article One

Field [4] - Type the name of your spouse.

Fields [5]-[12] - Type the names of your children.

Fields [13]-[20] - Type the names of children from spouse’s previous marriage(s).

Fields [21]-[28] - Type the names of children from your previous marriage(s).

Article Three

This article is for specific property gifts. If none, type "none".

Fields [29]-[36] - Type name, physical address, relationship, and property description.

Article Four

This article is for your homestead or primary residence.

Article Five

This article leaves the rest and remainder of your property.

Article Six

This article provides an alternate distribution if your spouse predeceases you.

Article Seven

This article provides for a trust for minor beneficiaries.

Article Nine

This article provides for the appointment of a Trustee and Successor Trustee.

Article Ten

This article provides for the appointment of a guardian of minor children.

Article Eleven

This article is for your personal representative.

Article Fourteen

This article provides instructions relating to the interpretation of your Will.

Article Fifteen

All parts of Article 15 are optional. Initial any items you desire to apply.

LAST WILL AND TESTAMENT OF

I, , of County, Tennessee, being of legal age and of sound and disposing mind and memory, and not acting under duress, menace, fraud, or undue influence of any person, do make, declare and publish this to be my Will and hereby revoke any Will or Codicil I may have made.

ARTICLE ONE
Marriage and Children

I am married to and have the following children from our marriage:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

My spouse was previously married and has the following children from a prior marriage:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

I was previously married and have the following children from that marriage:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

ARTICLE TWO
Debts and Expenses

I direct my Personal Representative to pay all costs and expenses of my last illness and funeral expenses. I further direct my Personal Representative to pay all of my just debts that may be probated, registered and allowed against my estate.

ARTICLE THREE
Specific Bequests of Real and/or Personal Property

I will, give and bequeath unto the persons named below, if he or she survives me, the property described below:

Name/Address/Relationship:

Property Description:

Name/Address/Relationship:

Property Description:

Name/Address/Relationship:

Property Description:

Name/Address/Relationship:

Property Description:

List or state no property left under this article

ARTICLE FOUR
Homestead or Primary Residence

I will, devise and bequeath all my interest in my homestead or primary residence to my spouse, if he or she survives me.

Signed if Selected:

I will, devise and bequeath all my interest in my homestead or primary residence to the following persons, equally, per stirpes, subject to a life estate in my spouse:

Signed if Selected:

ARTICLE FIVE
All Remaining Property – Residuary Clause

I will, devise, bequeath and give all the rest and remainder of my property and estate to the following beneficiaries, equally, per stirpes:

Signed if Selected:

My spouse named .

Signed if Selected:

ARTICLE SIX
Contingent - All Remaining Property – Residuary Clause

Not applicable because I selected option 1 in Article Five above.

Signed if Selected:

In the event that my spouse shall predecease me, I will, devise, bequeath and give all the rest and remainder of my property and estate to the following beneficiaries, equally, per stirpes:

Signed if Selected:

ARTICLE SEVEN
Property To Vest In Trustee for Child Beneficiary

In the event that my spouse predeceases me and any beneficiaries are under the age of years, then I direct that my Personal Representative shall transfer such beneficiary’s share to my Trustee.

The Trustee shall hold and administer the assets of the Trust for the use and benefit of the Beneficiaries for health, education and general welfare.

As each Beneficiary reaches the age of years, the Trustee shall distribute said beneficiary’s share.

When the youngest Beneficiary reaches the age of years, the Trust shall terminate.

When the youngest living issue reaches the age of years, the Trust as to said living issue shall terminate.

If my spouse has predeceased me and my youngest Beneficiary is over years of age, then this Trust shall be inoperative.

ARTICLE EIGHT
Creditors of Beneficiaries

The principal and income of any Trust provision shall not be liable for the debts of any Beneficiary and shall not be subject to seizure by any creditor.

ARTICLE NINE
Appointment of Trustee

I appoint , or if the appointee fails to qualify or cease to act, I appoint , as Trustee.

ARTICLE TEN
Appointment of Guardian

In the event that a guardian is necessary for any of my children that may be under the age of years, then I appoint as Guardian.

ARTICLE ELEVEN
Appointment of Personal Representative, Executor or Executrix

I hereby appoint as Personal Representative of my estate and this Will. If that person fails to qualify or ceases to act, I appoint .

ARTICLE TWELVE
Waiver of Bond, Inventory, Accounting, Reporting and Approval

My Personal Representative and successor Personal Representative shall serve without any bond, and I waive the necessity of preparing or filing any inventory, accounting, appraisal, reporting, approvals or final appraisement of my estate.

ARTICLE THIRTEEN
Powers of Personal Representative, Executor and Executrix

My Personal Representative shall have broad discretion in the administration of my estate, without the necessity of Court approval.

ARTICLE FOURTEEN
Construction Intentions

In the event that my spouse, , and I die under circumstances where it is difficult to determine who died first, I direct that I be deemed to have survived her/him and the terms of my Will shall take precedence.

ARTICLE FIFTEEN
Misc. Provisions

I direct that this Will and the construction thereof shall be governed by the Laws of the State of Tennessee.

If any person named herein is indebted to me at the time of my death, such person’s portion of my estate shall be diminished by the amount of such debt.

Any and all debts of my estate shall first be paid from my residuary estate.

I desire to be buried in the cemetery in County, .

I direct that my remains be cremated and that the ashes be disposed of according to the wishes of my Executor.

TC 32-1-(102-104) Certification

STATE OF TENNESSEE

COUNTY OF

Personally appeared before me, the undersigned authority in and for the county and state aforesaid, and , who, being by me first duly sworn, makes oath to the following:

1. The undersigned were subscribing witnesses to that certain instrument of writing dated , which is the true and original Last Will and Testament of , the "Maker".

2. That the Maker signed, published and declared said instrument as his or her Last Will and Testament on the day of , 20, in the presence of us as two (2) subscribing witnesses.

3. The Maker was then and there of sound and disposing mind, memory and understanding and was over eighteen (18) years of age.

4. The undersigned as competent adults, subscribed and attested said instrument as a witness to the signature, publication and declaration thereof by the Maker, at the special instance and request of the Maker, in his or her presence and in the presence of each of us as witnesses.

SWORN TO AND SUBSCRIBED before me, this the day of , 20.

NOTARY PUBLIC:

MY COMMISSION EXPIRES: