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Last Modified on Nov 29, 2025
It can be confusing to understand what legal rights you are granted when named as a beneficiary in a will, trust, or other estate planning document. In the aftermath of a death, it is important to understand your role in the process. The legal team at Emmack Probate and Estate Law Group is here to explain beneficiary rights in Tennessee.
About Us
Emmack Probate and Estate Law Group has spent years helping the people of Nashville, Franklin, Brentwood, Forest Hills, and cities throughout Middle Tennessee in their estate planning cases. Our founder and lead attorney, Shanone Emmack, utilizes a personalized, client-focused approach in her practice.
What Is a Beneficiary in Tennessee?
Across the country in 2025, 41% of Americans had estate plans. This included 24% with wills, 13% with living trusts, and 4% with other estate planning documents. In each of these arrangements, one essential party is the beneficiary.
A beneficiary is an individual specifically named in an estate planning arrangement, such as a will or trust, that receives property in the event of death or incapacitation. Tennessee state law grants these people certain rights and opportunities in all proceedings handled in probate court or privately.
The following are a few key privileges to be aware of:
Right to Notification
The first important regulation is that all beneficiaries must be notified that the estate is being managed by an executor, personal representative, or trustee. This must be done within 60 days of their appointment and include a full copy of the will or relevant document.
Right to Information
After the process has begun, beneficiaries have the right to information and updates on the progress in the case. For probate, the executor or personal representative must provide a detailed account of their actions within 15 months upon request. Trustees do not have a specific deadline to disclose information. Instead, they must keep all beneficiaries reasonably informed of their administration.
Right to Receive Your Inheritance
Tennessee law provides beneficiaries the right to receive inheritances designated in an estate planning document. However, being named does not automatically confer ownership. Estates must first satisfy debts, taxes, and expenses. If assets are depleted or sold, beneficiaries may receive less or nothing at all.
Right to Contest
All beneficiaries during the estate administration procedures have the right to contest the case. For probate matters, you have within two years of the first petition to file a complaint. Reasons to contest vary, and include grounds such as:
- The will or trust was created while the decedent was not of sound mind.
- Elements of the estate document in question were forged or fraudulent.
- The executor or trustee is financially irresponsible and unfit for their role.
- The will submitted for probate was an outdated version.
- Ambiguity, mistakes, or unclear language in an estate document resulted in a breach of the decedent’s wishes.
If you are looking to contest a probate or trust administration, you typically must file in the jurisdiction for the legal proceeding. If occurring in Franklin, you may submit a formal complaint to the Williamson County Courthouse, located in town at 135 4th Avenue South in Franklin.
Hire an Estate Planning Lawyer
If you are a beneficiary and wish to contest a will or trust, request information, or protect your interests but are unsure how to proceed, it’s important to hire an experienced estate planning lawyer to help. Your Tennessee estate planning attorney can explain your rights, review relevant documents, assess grounds for contest, and represent you in disputes or litigation.
FAQs
What Are the Inheritance Laws in Tennessee?
The two main types of inheritance laws in Tennessee include testate and intestate succession. Testate succession occurs when a person dies with a valid will or trust, and their inheritance is dispersed according to their wishes. Someone who dies without estate planning documents goes through intestate succession with no regard to their desires. These dispersals follow a set order of inheritance beginning with a living spouse and children.
How Long Do Beneficiaries Have to Contest in Tennessee?
How long you have as a beneficiary to contest a will or trust in Tennessee depends on the circumstances of your case. For wills, you generally have two years from when the probate process began to issue a dispute. For trusts, you typically have one year, but you may file afterwards if you were improperly notified or were unaware of the trust’s existence. Discuss your case with an experienced attorney to determine whether you may still file a contest.
What Are the Legal Rights Given to All Beneficiaries in Tennessee?
The legal rights given to all beneficiaries in Tennessee are crucial to know, both as one and for those wishing to establish an estate plan. First, all named beneficiaries have the right to receive their inheritance after applicable taxes and fees. Second, they should be given regular updates and information on the proceedings. Finally, they can contest any court proceedings if they believe the executor is acting in bad faith or if fraud has occurred.
What Overrides a Beneficiary in Tennessee?
Certain events in Tennessee can override a beneficiary that are important to understand. If a trust or will is made under duress, undue influence, or fraud, the beneficiary is disqualified from receiving benefits. Another aspect that may override what a beneficiary may receive is if the outstanding debts are worth more than the estate’s value, resulting in nothing left for dispersal.
Speak With a Tennessee Estate Planning Attorney Today
Our team at Emmack Probate and Estate Law Group understands how confusing the world of estate planning, probate, and trust administration law can be. We are committed to helping Tennesseans with their cases and can use our years of legal experience and knowledge to make a positive impact.
Contact us today to schedule your initial consultation with an estate planning attorney to learn more about beneficiary rights in Tennessee. We can discuss your estate planning concerns and explore available options. You may also visit our Franklin office, located on Third Avenue North, south of Bicentennial Park and northwest of Franklin Public Square.
