Updated June 29, 2022
The Tennessee revocable living trust form is a legal document used to place assets into a trust and provide instructions on how these assets are to be distributed and under what circumstances. This document functions differently than a Will because it puts all of the Grantor’s property under the trust or the Trustee’s name. When the time has come for trust estate to be divided amongst the named Beneficiaries, they will be able to lay claim to the trust without undergoing the probate process. Additionally, the Grantor will have their financial needs taken care of through the trust by the appointed Successor Trustee/Trustee in the event that they become incapable of managing the trust themselves.
Definition – § 35-15-103(28)
Laws – § 35-15-601 thru § 35-15-604
How to Write
Step 1 – Download in Adobe PDF, Microsoft Word (.docx), or Open Text Document (.odt).
Step 2 – Enter the following information into the appropriate fields on the first page of the revocable trust document:
- Grantor’s name
- Date
- Grantor’s name
- Grantor’s mailing address
- Trustee’s name
- Trustee’s mailing address
Step 3 – Article 1 asks that a name be created for the Trust. If the Trust is an amendment of a prior living trust, tick the first checkbox below the name of the Trust. If it is a new Trust document, tick the second checkbox.
Step 4 – In order to distribute the Grantor’s property after death, a list of property should be created under Article 4, Section A. Beside each property item, enter the name of the individual/organization to whom it will be bequeathed.
Step 5 – Continue to Section B of Article 4 and select who will receive the Grantor’s personal property when they die. Tick the first checkbox for the Beneficiaries or tick the second checkbox for a specific individual. If the latter is selected, enter the individual’s name, address, and Social Security or Tax ID number.
Step 6 – The Grantor must appoint someone to take care of their pets after they die. This person shall be known as the “Pet Caretaker”, input their name and address into the spaces provided under Article 4, Section C. In case the Pet Caretaker cannot fulfill his duties, a second name and address must be included to act as the “Alternate Pet Caretaker.”
Step 7 – Proceed to Part (ii) of Section C. Select the type of funding the Pet Caretaker will receive for the care of the deceased Grantor’s pets. If funding will be provided, a US dollar amount must be entered in the empty field and the duration of time must be indicated.
Step 8 – A “3rd Party Enforcer” should be appointed by the Grantor in Article 4, Section C, Part (iii) by entering their name and address. This person will be in charge of overseeing the Pet Caretaker’s expenditures.
Step 9 – Section D of Article 4 pertains to residuary property. Name (up to) four (4) Beneficiaries that will receive equal parts of all undistributed property once the Grantor dies (including addresses and Social Security numbers).
Step 10 – Under Article 10, enter a number and select either “Months” or “Years.” This amount of time will limit the number of report requests a Beneficiary can make on assets within the Trust.
Step 11 – Under Article 13, Section A, enter the names and addresses of the appointed Successor Trustee and 2nd Successor Trustee.
Step 12 – Section I of Article 13 concerns the compensation provided to the Trustees. Select one (1) of the two (2) compensation options.
Step 13 – Proceed to Article 15. Enter a number in the field to establish the number of days a party must survive in order to make a claim or benefit from the contents of the Trust.
Step 14 – Provide the marital status of the Grantor under Article 17. If the Grantor is married, the Spouse’s name must be included.
Furthermore, it must be established how the Grantor’s property and assets will be transferred if both the Grantor and the Grantor’s Spouse die at the same time and it is not determinable who died first. Select one (1) of the boxes as shown in the image below.
Step 15 – If the Grantor has any children, a list of their names must be entered into the empty field(s) under Article 18.
Step 16 – Article 21 provides an area for the Grantor to create a list of all parties who will be specifically excluded from benefiting from the Trust.
Step 17 – In order to authorize the Grantor to change the Trust during their lifetime, the Grantor, Trustee, and Successor Trustee must sign under Article 22.
Step 18 – Complete the Self-Proving Affidavit form found on the second-to-last page of the Trust document by providing the following:
- State
- County
- Grantor’s signature plus the date
- Trustee’s signature plus the date
- Successor Trustee’s signature plus the date
- 2nd Successor Trustee’s signature plus the date
- Witness signature plus the date
- 2nd Witness signature plus the date
Step 19 – The bottom section must be complete with the following information by a notary public (if present):
- Date of witness
- Name of Grantor
- Commission expiry date
- Notary’s signature
- Notary’s printed name
Step 20 – “Attachment A” includes space for a list of the property and assets transferred into the Trust.
