August: National Write a Will month. How to Protect Your Legacy Through Estate Planning
At our firm, estate planning isn’t just about drafting documents—it’s about creating peace of mind for your loved ones and protecting them from unnecessary stress. August is National Write a Will Month, and it’s the perfect time to reflect on what would happen if you passed away without a plan in place.
Why Planning Is Critical in Tennessee
Unfortunately, Tennessee ranks among the worst states to die without a will. According to a 2023 national study, our state is in the bottom five nationwide because of complicated probate procedures and limited protections when no will is present. That means families often face lengthy and costly court proceedings at a time when they are already grieving.
Across the state, probate courts handle roughly 6,000 cases each year, and filings continue to rise—an additional 585 probate and trust cases were added to the docket in a single recent fiscal year. These numbers highlight a growing strain on Tennessee’s court system, which can lead to delays and added expense for families.
The Reality of Dying Intestate
Despite the risks, more than two-thirds of Americans still don’t have a will or estate plan, and East Tennessee is no exception. If you die intestate (without a will), Tennessee law—not your personal wishes—will determine who inherits your property. For example:
If you pass away leaving a spouse but no children, your spouse inherits everything.
If you leave behind both a spouse and children, your spouse receives either one-third of the estate or an equal share with your children, whichever is greater.
The rest is divided equally among the children.
This formula doesn’t account for blended families, stepchildren, charitable giving, or the many other personal wishes you may want to honor.
By the Numbers
Tennessee ranks among the bottom five states for dying without a will, due to complex probate rules.
Probate courts across the state handle about 6,000 cases every year.
Filings are on the rise—585 additional probate and trust cases were added in just one recent year.
The probate process typically lasts 6–12 months, with a minimum of 4 months required for creditor claims.
More than 67% of Americans have no estate plan, leaving their families at risk of costly and stressful court proceedings.
The Burden of Probate
Even with a will, most estates must pass through probate in Tennessee. The process typically lasts six to twelve months, with a minimum of four months required to give creditors time to file claims. Without clear instructions or with a contested estate, probate can drag on even longer—further burdening families and already crowded court dockets.
The Gift of Planning
By putting a will or comprehensive estate plan in place, you not only protect your family and ensure your wishes are honored, you also help reduce the growing load on Tennessee’s probate courts. Estate planning is a gift of clarity, security, and compassion that spares your loved ones from added stress and expense.
This National Write a Will Month, we encourage you to take the first step. Whether you need to update existing documents or begin your planning journey, our team is here to guide you with care and clarity.
Contact us today to attend a fee seminar for more information on how you can create a plan for your family; or, schedule a consultation and create a blueprint that reflects your wishes and protects what matters most.