Frankly, everyone, including you, has a Will.

The question is whether you took the affirmative steps to put one in place.  If not, rest easy knowing that the Tennessee General Assembly has written one for you.  There, doesn’t that ease your anxiety, knowing that politicians have looked after you?  No, you don’t feel comforted?  Well, if you have never personally executed your Last Will and Testament, then upon your death you will be considered to have died “intestate.”  Dying intestate means that through what is called “probate,” a court and state law determines how your assets are distributed, not you.  Your family dynamic may be ill-suited to such rigid adherence to state law.   

If you have personally executed an otherwise valid Will, then you will be considered to have died “testate,” meaning a court will follow your plan for the ultimate distribution of your assets.  If you have minor children, having a Will is even more important in that it allows you to nominate the persons you would want to be the legal guardian of your minor children, in the event you and your spouse were gone.  Without the Will, the court is left without your guidance as to who in your circle of influence is in the best position to raise your children.  Although a court weights a variety of factors in determining what is in the best interest of a child, oftentimes input from you, the parents, goes a long way with a court.  

Wills are effective only after someone passes away and determined by a court that it meets certain statutory formalities.