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Tennessee Living Trust

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REVOCABLE LIVING TRUST AGREEMENT

THIS REVOCABLE LIVING TRUST AGREEMENT, (hereinafter "Trust"), is being made on this the day of , 20 , by and between of County, State of Tennessee, hereinafter referred to as the Trustor and the Trustee designated below and shall be governed and administered in accordance with the following terms and provisions:

ARTICLE I
NAME OF TRUST

1. NAME OF TRUST: This trust may be referred to as THE REVOCABLE LIVING TRUST.

ARTICLE II
IDENTIFICATION

2. TRUSTOR AND BENEFICIARIES: The Trustor or Settlor of this trust is , an Individual residing at , , Tennessee .

The Beneficiary of the Trust during the lifetime of the Trustor is the Trustor. Except as otherwise provided herein, upon the death of the Trustor, the Beneficiaries is/are . The Trustor has no children.

ARTICLE III
TRUSTEE APPOINTMENT

3. TRUSTEE APPOINTMENTS: The Trustor, hereby appoints , the Trustor, as Trustee of this Trust. If the Trustor is unable to serve as Trustee for any reason, then the Trustor hereby appoints as Successor Trustee.

ARTICLE IV
ASSETS OF TRUST

4. ASSETS OF TRUST: All rights, title, and interest in and to all real and personal property, tangible or intangible, listed on the attached Schedule “A”, is hereby assigned, conveyed and delivered to the Trustee for inclusion in this Trust.

5. ADDITIONS TO TRUST PROPERTY: Additional property may be conveyed to the Trust by the Trustor, or any other third party at any time.

6. RIGHTS TO TRUST ASSETS: Except as specifically provided herein, the Beneficiaries of this trust shall have no rights to any assets of the trust.

7. HOMESTEAD EXEMPTION: Grantor(s) reserves the right to use, occupy and reside upon any real property placed in this Trust as their permanent residence during their lives.

ARTICLE V
TRUSTEE POWERS AND OTHER PROVISIONS

8. POWERS: The Trustee is granted all powers necessary to deal with Trust property as freely as the Trustor could do individually.

9. AUTHORITY TO ACT: The approval of any court, the Trustor, or any beneficiary of any Trust created by this Trust shall not be required for any dealings with the Trustee of this Trust.

ARTICLE VI
TRUST ADMINISTRATION DURING LIFE OF TRUSTOR

10. MANAGEMENT OF TRUST PROPERTY: All property of the Trust shall be managed by the Trustee at the direction of the Trustor.

11. INCAPACITY OF TRUSTOR: During any period of incapacitation of the Trustor, the Successor Trustee may apply or expend all or a part of the income and principal of this Trust for the Trustor's health and maintenance.

12. RESERVATION OF RIGHTS: Except during periods of incapacitation, the Trustor does hereby reserve during his or her lifetime the following rights:

(A) To revoke this Trust Agreement in its entirety

(B) To alter or amend this instrument

(C) To change the identity or number of the Trustee and/or Successor Trustee

(D) To withdraw any or all of the Trust property

ARTICLE VII
DISTRIBUTIONS DURING LIFETIME OF TRUSTORS

13. GENERAL DISTRIBUTIONS: The following options are available to the Trustee regarding distribution of principal or income to or for a beneficiary.

(A) Payments may be made directly to the beneficiary as an allowance

(B) Payments may be made to the Guardian of the beneficiary

(C) Payments may be made to a relative of the beneficiary

(D) The Trustee may expend such income or principal directly for the beneficiary

(E) Trustee shall be mindful of health, education, support, maintenance, comfort and welfare needs

14. RESIDENCE: A residence may be purchased or otherwise obtained by the Trustee for the benefit of an income beneficiary of any Trust for use by the beneficiary and his or her family.

15. OTHER PAYMENTS: At the request of any Trustor in writing, the Trustee shall make lump sum or periodic payments to any third party designated by such Trustor.

ARTICLE VIII
TRUST ADMINISTRATION AFTER TRUSTOR’S DEATH

16. TRUSTEE: Upon the death of the Trustor, the Successor Trustee shall continue to administer the assets of this Trust.

17. BENEFITS PAYABLE TO TRUST: The Trustee is authorized to collect benefits payable to the Trust.

18. LIABILITIES OF TRUSTOR’S ESTATE: The Trustee may pay the Trustor’s just debts, funeral expenses, and administration expenses.

19. TAXES: Upon the death of the Trustor, estate and inheritance taxes shall be paid by the Trustee.

20. ADDITIONAL DISTRIBUTIONS: The Trustee is authorized to pay to the Probate Estate of the deceased Trustor as much of the income and principal of this Trust as the Trustee deems necessary.

21. GIFTS: The Trustee shall make such gifts of the tangible personal property of the Trustor as may be directed by the Trustor’s Will or Schedule B.

ARTICLE IX
TRUSTOR’S DEATH

22. DISTRIBUTIONS: Upon the death of the Trustor, the following distributions shall be made from the property of this Trust:

(a) DISTRIBUTION UPON DEATH OF TRUSTOR: All trust property shall be distributed to .

(b) SPRINKLING TRUST: For any named beneficiaries who are minors, the trustee shall hold the estate in a separate trust for health, education, maintenance, and general welfare.

23. DEATH OF BENEFICIARY: If a named beneficiary dies before complete distribution, the share shall go to the surviving beneficiaries or issue as provided herein.

ARTICLE X
TRUSTEE PROVISIONS

24. THIRD PARTIES: Any person dealing in good faith with the Trustee shall deal only with the Trustee and shall presume the Trustee has full power and authority to act on behalf of the Trust.

25. COMPENSATION: Any beneficiary serving as Trustee shall do so without compensation, except reimbursement for reasonable expenses.

26. BOND AND QUALIFICATIONS: Bond shall not be required of the Trustee or any Successor Trustee.

27. SUCCESSOR TRUSTEE(S): No Successor Trustee shall be responsible for acts of any prior Trustee.

28. REMOVAL OF SUCCESSOR TRUSTEES: A Successor Trustee may be removed by the last individual to serve as Trustee under the conditions stated herein.

29. DELEGATION OF POWERS: Any management function may be delegated by any Trustee to any Successor Trustee.

30. LIMITED AMENDMENT POWER: The Trustee shall enjoy a limited power to amend management functions of this Trust only as may be required.

31. RESIGNATION OF TRUSTEE: Any Trustee may resign by writing filed among the trust papers.

32. NONLIABILITY FOR ACTION OR INACTION BASED ON LACK OF KNOWLEDGE OF EVENTS: A trustee who has exercised reasonable care is not liable for lack of knowledge of an event.

33. TRUSTEE AS BENEFICIARY: A trustee who is also a beneficiary may exercise certain discretionary powers.

34. WAIVER OF ACCOUNTING: Neither this trust nor any Trustee shall be required to provide an accounting to any Beneficiary.

ARTICLE XI
TRUST ADMINISTRATION

35. ALLOCATION TO PRINCIPAL AND INCOME – SEPARATE TRUSTS: The Trustee may allocate expenses and receipts to principal or income in the sole discretion of the Trustee.

36. ALIENATION: Excepting the Trustor, no income or principal beneficiary shall have any right or power to anticipate, pledge, assign, sell, transfer, alienate or encumber his or her interest in the Trust.

37. TERMINATION OF TRUST: Should the aggregate principal of any Trust at any time be valued at One-Hundred Thousand Dollars ($100,000) or less, the Trustee may terminate such Trust and distribute the assets.

38. ELECTIONS: The Trustee and the Personal Representative of the Trustor's estate may exercise any discretionary powers in good faith and within fiduciary duty.

39. BENEFICIARY DESIGNATION: The Trustee shall distribute the right to receive qualified plan or IRA benefits to the designated beneficiary.

40. CERTIFICATE OF TRUST: The Trustee is authorized to execute a Certificate of Trust describing any Trust matter.

41. REGISTRATION OF TRUST ASSETS: Assets of this Trust during the Trustor’s lifetime shall be registered as follows: , Trustee, or his or her successors in trust, under THE REVOCABLE TRUST, dated the day of , 20 , and any amendments thereto.

42. TAX IDENTIFICATION: This Trust shall be identified during the Trustor’s lifetime by the Trustor's Social Security Number .

43. SPENDTHRIFT CLAUSE: The interest of any Beneficiary of this Trust in the income and principal shall not be subject to claims of creditors.

44. PERPETUITIES CLAUSE: All Trusts created by this instrument and interests therein shall vest as stated herein.

ARTICLE XII
TERMS AND DEFINITIONS

45. INCAPACITATED: A Trustee or beneficiary shall be deemed incapacitated under the conditions described in this Agreement.

46. REHABILITATION: A Trustee or beneficiary shall be deemed rehabilitated when the conditions described in this Agreement are met.

47. GUARDIANSHIP: During any period of incapacity or incompetence, the Trustor nominates as Guardian of the Trustor’s property the same person(s) who serve as Trustee.

48. SURVIVORSHIP: This Agreement shall be binding upon the heirs, personal representatives, successors and assigns of the parties hereto.

49. APPLICABLE LAW: This Agreement shall be construed according to the laws of the State of Tennessee.

50. TRUSTEE AND TRUST: The term “Trustee” refers to the single, multiple and Successor Trustee, and “Trust” refers to any trust created by this agreement.

51. GENDER - SINGULAR AND PLURAL: Words used in the plural or collective sense include the singular and vice-versa.

52. IRC: The term "IRC" refers to the Internal Revenue Code and its valid regulations.

53. SERVE OR CONTINUE TO SERVE: A person cannot "serve or continue to serve" if incapacitated, deceased, resigned, or removed.

54. ISSUE: The term "issue" includes adopted issue and lineal descendants as described herein.

55. NOTICE: No person shall have notice of any event or document until receipt of written notice.

56. MERGER: The doctrine of merger shall not apply to any interests under any Trust.

57. REPRESENTATION: A beneficiary whose interest is subject to a condition shall represent the interests in the Trust of those who would take in default of said condition.

IN WITNESS WHEREOF, on this the day of , 20 , Trustor and Trustee have signed this Instrument.

TRUSTOR

TRUSTOR

TRUSTEE

STATE OF TENNESSEE

COUNTY OF

On this day of , 20 , before me personally appeared , to me known to be the person (or persons) described in and who executed the foregoing instrument, and acknowledged that such person (or persons) executed the same as such person (or person's) free act and deed.

Notary Public

Printed Name:

Commission Expires:

THE REVOCABLE LIVING TRUST

Schedule A

The sum of One Hundred Dollars ($100.00) in cash.

TOGETHER WITH:

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What a Tennessee Living Trust Is and how it works

A Tennessee Living Trust is a revocable trust created by an individual (the settlor or grantor) to hold and manage assets during life and to distribute assets at incapacity or death without probate. It names trustees and beneficiaries, can be amended or revoked while the settlor is competent, and usually operates alongside a pour-over will to capture assets not retitled into the trust. Funding the trust (re-titling accounts or recording deeds) is necessary for probate avoidance; otherwise, assets may still pass through probate despite the trust document.

Primary advantages of using a Tennessee Living Trust

A Living Trust in Tennessee can preserve privacy, streamline asset transfers, provide a plan for incapacity, and reduce or avoid probate delays and court costs for trust-funded assets. It also permits detailed distribution instructions and successor trustee designations.

Primary advantages of using a Tennessee Living Trust

Who commonly prepares a Tennessee Living Trust

Estate planners, eldercare advisors, and attorneys regularly recommend trusts when privacy, continuity, and flexible distribution rules are priorities.

  • Homeowners with real property who want to avoid probate and simplify title transfer
  • Married couples or blended families seeking controlled distributions and incapacity planning
  • Individuals with minor children, special needs beneficiaries, or complex asset arrangements

Essential sections to include in a professional Tennessee Living Trust

A complete trust document contains the identity of parties, trustee powers, asset schedule, distribution rules, incapacity provisions, and amendment or revocation terms; each section should be clear and state-specific.

Trust ID

Name the trust and state the date of execution so the instrument is uniquely identifiable and the effective date is clear for later interpretation.

Settlor Details

Provide the settlor's full legal name, current address, and a statement of capacity; accurate identity details prevent disputes and facilitate title transfers.

Trustee Appointment

Name the initial trustee(s), successor trustees, and outline trustee powers, compensation, and responsibilities for managing trust property and making distributions.

Trust Property

Describe assets to be held or instructions to fund the trust; attach schedules for real estate, accounts, and personal property to avoid ambiguity.

Distribution Terms

Specify who receives what, when, and under what conditions (ages, milestones, discretionary support, or spendthrift protections) to minimize later litigation.

Revocation / Amendment

State whether the trust is revocable, the method to revoke or amend it, and any notice or witness requirements applicable under Tennessee law.

Required facts and fields for the trust document

Settlor Name: Full legal name
Trust Name: Formal trust title
Effective Date: MM/DD/YYYY
Trustee Info: Name and contact
Asset List: Property brief description
Signature Block: Signed and dated

Step-by-step: creating and activating a Tennessee Living Trust

Follow these sequential steps to draft, execute, and fund a living trust that is effective and enforceable in Tennessee.

  • 01
    Gather Information: Assemble IDs, asset details, and beneficiary data.
  • 02
    Draft Document: Draft terms and trustee powers with legal clarity.
  • 03
    Execute with Formalities: Sign with required notarization or witnesses.
  • 04
    Fund the Trust: Re-title assets and record deeds where needed.

How to complete and customize a trust document online

When using an online editor or eSignature platform, configure fields, signer order, and authentication appropriate to the trust's legal formalities.

Field Configuration
Template Type Use a trust template with editable schedules
Signer Authentication Use email plus optional SMS or ID verification
Signing Order Grantor signs first, then trustee and witnesses/notary
Save Format Export final as PDF/A for long-term storage

Where to file, record, and send the completed trust documents

A living trust itself is typically retained privately; certain trust-related actions require recording or delivery to other parties.

  • Retain Original: Keep the signed original in a secure location with the trustee.
  • Record Deeds: Record any deed transfers with the county recorder or register of deeds.
  • Distribute Copies: Provide beneficiaries and successor trustees certified copies as appropriate.
  • File Tax Forms: Submit any required trust tax filings to the IRS or state revenue office.

Distribution channels and technical considerations for e-submission

Ensure the chosen workflow supports audit trails, tamper-evident output, and secure long-term storage in line with legal requirements.

  • File formats: PDF and Word DOCX supported for editing and archival
  • Integrations: CRM, cloud storage, and document management integrations
  • Authentication: Email, SMS, KBA, or advanced ID verification

Timing notes and common deadlines related to trust completion

While the trust has no universal filing deadline, several time-sensitive tasks should be scheduled promptly after execution.

Effective Date Entry:

Use the execution date; this fixes when trustee powers begin.

Deed Recording:

Record property transfers as soon as possible to perfect title.

Account Retitling:

Retitle bank and investment accounts promptly to fund the trust.

Tax Filings:

File any required trust returns by IRS deadlines when applicable.

Beneficiary Notices:

Provide notice to beneficiaries per any timing provisions in the trust.

Common preparation errors to avoid

  • Not funding the trust after signing; an unfunded trust may not avoid probate and defeats the primary purpose.
  • Using inconsistent names or incomplete legal descriptions for real property, which can frustrate recording and transfer.
  • Failing to name successor trustees or provide incapacity procedures leaving courts to appoint fiduciaries.
  • Overlooking beneficiary contingencies or spendthrift protections, leading to unintended distributions or creditor exposure.

Risks and legal consequences of drafting or executing errors

Unfunded Trust: Probate exposure
Incorrect Deed: Title defects
Missing Witness: Signature challenges
Invalid Notarization: Recording rejection
Ambiguous Terms: Litigation risk
Tax Errors: Penalties or audits

Representative eSignature vendor comparison for signing Tennessee Living Trusts

Platform selection matters for authentication, audit trails, and HIPAA/BAA requirements; the table lists common pricing and capability distinctions without date stamps.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently asked questions about Tennessee Living Trusts and electronic signing

Answers below address common execution, funding, authentication, and storage questions for Tennessee Living Trusts.


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