Most people assume they have plenty of time to create a will. The truth is, the best time to make a will is before you think you need one. Whether you are a recent college graduate in Nashville or approaching retirement in Clarksville, understanding when to act can save your family from unnecessary stress, expense, and court involvement.
This article walks through what Tennessee law requires, what recent statistics show, and how different life stages affect the right time for you.
Key Takeaways
- In Tennessee, any adult age 18 or older who is of sound mind can create a valid will. You can start estate planning at age 18.
- The best age to do a will is usually tied to life events rather than a specific birthday. Marriage, buying a home, having kids, or entering a second marriage should all trigger action.
- Only about 32% of U.S. adults have a will as of 2024, and fewer than half of people 55 and older have done any formal estate planning.
- Delaying a will can lead to intestacy laws deciding asset distribution, which often does not match what individuals or families actually want.
- Waiting too long can complicate asset distribution and force loved ones to go to court for decisions that a simple will could have handled.
- Crow Estate Planning & Probate, PLC offers consultations to help Tennessee residents at any stage of life evaluate their planning needs.
When Is the Best Age to Make a Will in Tennessee?
There is no magic best age to create a will. Under Tenn. Code Ann. § 32-1-102, any person of sound mind who is 18 years old or older may make a will. That legal starting point is clear, but the practical right time varies by person.
Most people should start thinking seriously about a will in their 20s, as soon as they hold any property, earn income, or care about someone who depends on them. Estate planning is not reserved for retirees or wealthy families in Franklin or Nashville. Even a 25-year-old with a car, a bank account, or a young child has important decisions that deserve attention earlier rather than later.
The best way to decide when to act is to look at what you have and who matters to you. Later sections of this article break down what people typically need at each stage of adulthood, from your 20s through your 70s and beyond. Our team at Crow Estate Planning & Probate, PLC routinely helps clients across that entire range, and the answer we give most often is simple: the right time is as soon as you have something or someone you care about protecting.
What Do Recent Will and Estate Planning Statistics Show?
Updated statistics make the case that many people wait far too long. According to Caring.com’s 2024 Wills & Estate Planning Survey, roughly 32% of American adults have a will or estate plan, a number that has actually seen a decline in recent years.
The age breakdown is striking:
| Age Group | Approximate % with a Will |
| 18–34 | ~24% |
| 35–54 | ~30% |
| 55–64 | ~46% |
| 70+ | ~66% |
Sources: Caring.com 2024; Pew Research Center 2025
Tennessee tends to mirror these national trends. Many working families in Clarksville, Springfield, and Hopkinsville still have no formal plan even after buying homes or having kids. Common reasons people delay include believing they are too young, thinking they do not have enough assets, or simply feeling uncomfortable with the topic. None of those reasons change what happens if something unexpected occurs.
Why Age Isn’t the Only Factor: Life Events That Should Trigger a Will
Instead of waiting for the best age, Tennesseans should look at concrete life milestones as the signal to act. Life milestones trigger the need for estate planning, often more urgently than any birthday.
Key events that typically mean it is time:
- Turning 18 and entering adulthood
- Moving in with a long-term partner
- Starting a first full-time job
- Buying a house in Tennessee or another state
- Marriage or a second marriage
- Birth or adoption of a child
- Major changes in health or a serious diagnosis
- Divorce, which is a major life event that should trigger you to rethink estate plans
A second marriage or blended family makes a will even more urgent. Without one, Tennessee intestacy laws may split assets between a current spouse and children from prior relationships in ways no one intended. Our guide to estate planning for blended families covers these unique situations in detail.
Starting or buying a business, receiving an inheritance, or reaching any significant bump in the value of your assets is another reason to create or revisit a will. A will ensures your spouse or partner is properly provided for and that wills and related documents reflect significant financial changes. Owning major assets necessitates creating a will to dictate inheritance on your own terms.
Estate Planning in Your 20s: The Ideal Time to Start Thinking Ahead
Many people in their 20s assume estate planning is irrelevant to their present situation. That assumption is a problem. Anyone who is a legal adult should consider making a will, and estate planning is important even without major assets.
Once you turn 18, you gain the legal right to decide who receives your bank accounts, personal items, and digital assets. A basic will can include provisions for digital assets and pets, things that matter to most young adults even if they do not own real estate yet. Creating a will early protects your wishes and loved ones, and starting estate planning ensures your wishes are honored rather than left to state default rules.
Common 20s milestones like college graduation, a first job in Nashville, or buying a first car all present a good time for a simple will plus powers of attorney. Unmarried Tennesseans with long-term relationships should especially consider a will and beneficiary designations, because Tennessee law does not automatically protect unmarried partners. Without documents in place, close friends and partners receive nothing.
Planning in Your 30s and 40s: Kids, Homes, and Growing Assets
The 30s and 40s are often the best age decades for more comprehensive planning because family and assets usually expand significantly. Many Tennesseans in this stage buy their first home, build retirement savings, and have children.
A will is essential to name a guardian for minor children. Designating guardians in a will is crucial for the future of children, and without that designation, a court will decide who raises your kids. Parents can also trusts to control at what age children receive inheritances, so that an 18-year-old does not receive a large lump sum all at once.
Married couples and those in a second marriage need to address blended family issues: protecting children from prior relationships, providing for a current spouse, and handling jointly owned Tennessee real estate. A will should be updated after major life changes such as marriage or childbirth. View a will as part of a broader plan that includes beneficiary designations on 401(k)s, life insurance policies, and health care documents that work together to create balance and clarity.
Your 50s and 60s: Refining and Updating an Existing Will
Even if this is the first time you are planning, your 50s and 60s are still a very effective age to put a will in place. Many individuals in this age group are thinking about retirement, paying off a home, helping adult children, or welcoming grandchildren.
Revising your estate plan is necessary after major life changes, and this decade typically brings several. Reviewing prior wills after a divorce, a second marriage, the death of a spouse, or relocation to Tennessee from another state is essential. Each of these events can change how Tennessee courts interpret your documents. A will can also specify charitable intentions and distribute assets non-traditionally, which becomes more relevant as people refine their long-term wishes.
This is also the time to evaluate long-term care planning, advance directives, and possibly trusts to manage income and protect against incapacity. Crow Estate Planning & Probate, PLC routinely helps clients in their late 50s and 60s adapt older plans created in other states to Tennessee law and modern family realities.
70s and Beyond: Is It Ever Too Late to Do a Will?
It is almost never too late to create or revise a will, as long as the person still has legal capacity under Tennessee law. The idea that you have missed your chance is simply not true for most older adults.
Capacity generally means being able to understand that you are making a will, knowing what property you own at a basic level, and recognizing who your close family members are. Common goals for clients in their 70s, 80s, and beyond include simplifying who will serve to handle their affairs, avoiding disputes among adult children, and reducing the burden on loved ones during probate.
However, waiting until a serious illness or cognitive decline appears can make planning more complicated. It can lead to will contests and conservatorship proceedings in Tennessee courts. Scheduling a consultation with an estate planning attorney earlier in this stage helps ensure documents hold up if questioned and reflect the elder’s true wishes with clear eyes toward the future.
What Happens in Tennessee If You Die Without a Will?
When someone dies intestate in Tennessee, state law decides who inherits, and the outcome often does not match what people assumed or wanted. Without a will, assets may be tied up in administration processes that drag on for months. Waiting too long can force loved ones to go to court for decisions, and delaying a will can create stress and confusion for family members at the worst possible time.
Here is how Tennessee intestacy generally works:
| Situation | Who Inherits |
| Spouse, no children | Spouse receives everything |
| Spouse and children | If one child, Spouse and Child split everything 50/50. If more than one Child, Spouse gets one-third or and Children split the rest |
| Children, no spouse | Children inherit everything |
| No spouse, no children | Parents, then siblings, then more remote relatives |
Stepchildren do not inherit unless legally adopted. Unmarried partners receive nothing. Close friends are completely excluded. For a deeper look, see our article on what happens in Tennessee if you die without a will.
Establishing clear instructions in a will reduces family conflict and lets you override these default rules, name your own executor, and provide direction that keeps your family out of court.
Why Work with a Tennessee Estate Planning Attorney?
While online forms exist, Tennessee-specific rules for signing wills, notarization, and witnesses are strict. A will must be signed by the testator in the presence of at least two witnesses. Mistakes in execution can make a document invalid, leaving your family in the same position as if no will existed at all.
Working with a local firm like Crow Estate Planning & Probate, PLC means your plan is tailored to your age, health, family dynamics, blended family or second marriage issues, business ownership, and real estate holdings across county lines. An attorney can help integrate wills with powers of attorney, advance directives, and trusts to form a coherent plan.
If you are in Tennessee, contact our team to schedule a free consultation. Call 931-218-7800 or visit our website to discuss the right time and structure for your will. There is no number of years too early and very few situations where it is genuinely too late.
Frequently Asked Questions About the Best Age to Make a Will
These questions address common concerns Tennesseans have about timing, practical steps, and situations not fully covered above. For personalized guidance, we encourage you to reach out to Crow Estate Planning & Probate, PLC.
Is there a minimum age to create a will in Tennessee?
Tennessee law allows any person age 18 or older who is of sound mind to make a will. Minors generally cannot create a valid will except under narrow exceptions that do not apply to most families. Parents of 18- to 20-year-olds in college or the military should consider at least basic powers of attorney so they can step in if an emergency happens. In places like Australia and other countries, the age requirement varies, but in Tennessee the rule is straightforward: 18 and of sound mind.
What is the best age to start thinking about estate planning if I have no children?
Even without children, adults in their late 20s or early 30s should start thinking about a will once they own a Tennessee home, have savings, carry life insurance, or have a long-term partner they want to protect. A will can direct assets to siblings, nieces, nephews, parents, or charities rather than defaulting to Tennessee intestacy rules that may leave out the people who matter most to you.
Should I update my will after a second marriage or divorce?
Yes. A second marriage, divorce, and the arrival of new children or stepchildren are major life events that usually require updating a Tennessee will and especially beneficiary designations. Failing to update can accidentally leave an ex-spouse as a beneficiary or cut out children from a first marriage. Review documents within a few months of any major relationship change to keep things current. Reviewing your will periodically is recommended after major life events of any kind.
How often should I review my will as I age?
A general rule: review your will every three to five years, or immediately after events like a new baby, a death in the family, a move to Tennessee, a serious diagnosis, or a major asset purchase or sale. As people move from their 30s into their 50s, 60s, and beyond, goals change. Wills should be created or updated to reflect significant financial changes along the way. Regular reviews keep your plan aligned with current wishes so nothing falls through the cracks.
Can I use an online will template if I am on a budget?
Online templates exist, but they may not follow Tennessee-specific signing and witness rules. They also rarely address issues like blended families, businesses, or local real estate. A short consultation with a Tennessee estate planning attorney can often cost less than fixing mistakes later through probate litigation. Ask Crow Estate Planning & Probate, PLC about cost-effective options. A small investment now can leave your family with clear guidance instead of a lot of questions and legal fees down the road.