(a) The trustee of a trust that has the trust’s principal place of administration in this state may register the trust with the secretary of state. For purposes of this section, a trust is considered to have the trust’s principal place of administration in this state if one (1) of the trustees has its principal place of business in this state or is a resident of this state and the trust meets the requirements described in § 35-15-108(a)(2) or (3).
will 560x170

Need help with a review of a will?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In Tennessee Code 35-15-113

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Probate: Proving a will
  • Testator: A male person who leaves a will at death.
  • Trustee: A person or institution holding and administering property in trust.
(b) Registration is accomplished by filing a statement with the secretary of state that includes the following:

(1) The name, address, and phone number of the trustee with its principal place of business in this state or that is a resident of this state, in which the trustee acknowledges the trusteeship;
(2) Dates and locations of each prior registration, if any, or a statement that the trust has not previously been registered in a jurisdiction;
(3) The name of the trust, date of the trust instrument, and each subsequent amendment or modification;
(4) In the case of a testamentary trust, the name of the testator and the date and place of domiciliary probate; or in the case of a written inter vivos trust, the name of each settlor and the original trustee;
(5) The name and address of each current co-trustee, trust advisor, or trust protector;
(6) A statement that the trustee submits to the jurisdiction of the courts of this state in any proceeding relating to the trust that may be initiated by any interested person while the trust remains registered, provided that notice is given as provided by law; and
(7) A filing fee of two hundred fifty dollars ($250) payable to the secretary of state.
(c) If a trust has been registered elsewhere, registration in this state is ineffective until either the earlier registration is released by the jurisdiction where prior registration occurred or an instrument executed by the trustee and all current beneficiaries is filed with the registration in this state.
(d) The registration is confidential and not subject to public inspection under title 10, chapter 7, part 5.
(e) Notwithstanding subsection (d), the settlor, a trustee, trust advisor, or trust protector for the trust may obtain a certified copy of the registration upon filing a request with the secretary of state that includes a signed attestation that they are the settlor or a currently serving trustee, trust advisor, or trust protector, and paying a filing fee of one hundred dollars ($100) payable to the secretary of state. If the requesting person is not listed in the initial registration, such as in the case of a newly appointed trustee, trust advisor, or trust protector, then the requesting party must provide documentation evidencing the requesting party’s appointment.
(f) The registration may be cancelled by a signed request of the trustee, attesting to current service as a trustee, accompanied by:

(1) Documentary evidence of subsequent registration of the trust in a different jurisdiction; or
(2) An acknowledged instrument executed by all current beneficiaries agreeing to the cancellation.
(g) The secretary of state may designate required forms and methods for filing a registration, requesting a certified copy of a registration, and cancelling a registration.
  Previous section
Next section  
 Part 1 Contents