Do You Need a Will or a Trust? Understanding the Difference in Tennessee

Wills vs. Trusts: What’s the Right Choice for You?

When planning your estate, one of the biggest questions is whether you need a will, a trust, or both. Understanding the difference is essential to protecting your assets and ensuring your wishes are carried out under Tennessee law.

What is a Will?

A will is a legal document that outlines how you want your property distributed after death. It can also name guardians for minor children and an executor to handle your estate.

• Goes through probate

• Public record

• Easy to create and amend

What is a Trust?

A trust—especially a revocable living trust—holds assets for beneficiaries and can bypass the probate process.

• Avoids probate

• Private

• Effective immediately upon creation

• Requires funding (retitling assets into the trust)

Which One Should You Choose in Tennessee?

• Simple estates or those with minor children may benefit from a will.

• Larger or complex estates, or families who value privacy and efficiency, often benefit from a trust.

• Many families use both: a trust for the bulk of assets, and a will as a backup (known as a "pour-over will").

Get Personalized Guidance

There’s no one-size-fits-all answer. At Manson Johnson Conner, our Tennessee estate planning attorneys can help you decide which tools best fit your needs and ensure your estate is structured to meet your goals.