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Setting up a trust in Tennessee: steps and documents
The steps for setting up a trust in Tennessee start with identity checks and structure design, then a written deed that you and the trustee sign. This page sets out the steps in order, the documents the trustee asks for and what follows signing.
Reviewed by a senior trust administrator, updated
Seven stages, who does what
Select a stage to read what slows or speeds it.
- EnquiryYou
- Identity checksOne Pacific Trust
- Structure designOne Pacific Trust
- DraftingOne Pacific Trust
- SigningYou
- FilingsLaw firm, bank, adviser or trustee
- FundingOne Pacific Trust
YouOne Pacific TrustLaw firm, bank, adviser or trustee
Legal basis: Governing law[2]
Key facts
- Governing law
- Investment services trusts: Tennessee Investment Services Act of 2007[2]
- Trustee requirement
- Qualified trustee: a Tennessee-resident individual or a supervised entity[2]
- Reporting to authorities
- A nonresident non-citizen's estate files Form 706-NA above a US-asset threshold[1]
Numbers in brackets point to the Sources list at the end of this page.
How the process runs
Enquiry
You give us the purpose, the assets and the countries involved, and say which trust type you want.
Identity checks
The settlor and any protector with a power over the trustee are verified.
Structure design
The trustee, the local law firm and your advisers agree the trust type and who the qualified trustee will be.
Drafting
The firm drafts the deed, naming the qualified trustee where the Act requires one, and your letter of wishes.
Signing
You sign and the trustee accepts office; for a trust under the Act the deed must appoint a qualified trustee.
Filings
A Tennessee lawyer confirms whether the trust or the assets entering it need any filing.
Funding
The trust account opens and every asset is retitled in the trustee's name.
Before you start: what you decide
Tennessee work starts with a fork: a plain living trust, or an investment services trust. Settle these before the first call, even roughly:
- Trust type. A lifetime trust that you may be able to change, or the investment services route with its creditor rules.
- Trustee. Whether the trustee will be a Tennessee-resident individual, a supervised entity, or a private trust company of your family.
- Assets. A brokerage portfolio, family company shares or land, and where each one sits.
- Duration. Whether the trust is meant to last for generations.
Nothing here is final. It gives the trustee and the lawyer a base for a proposal.
Settle Form 706-NA early. A non-US settlor can face that estate filing above the IRS threshold.
Form 706-NA applies if the Tennessee trust holds US real estate or US company shares (source: Internal Revenue Service: Some nonresidents with U.S. assets must file estate tax returns).
See the Tennessee overview for the investment services trust and the other structure options.
Step by step: from enquiry to signed deed
The order is fixed. What is particular to Tennessee is the state’s test for the trustee of a trust under the Act.
- Enquiry. You give us the purpose, the assets and the countries involved, and say which trust type you want.
- Identity checks. The settlor and any protector with a power over the trustee are verified.
- Structure design. The trustee, a Tennessee law firm and your advisers agree the trust type and who the qualified trustee will be.
- Drafting. The Tennessee law firm drafts the deed, naming the qualified trustee on the investment services route, and your letter of wishes. Your own lawyer reviews them.
- Signing. You sign and the trustee accepts office. For an investment services trust, the deed must follow the Act and appoint a qualified trustee (source: Tennessee Code: qualified trustee and trust instrument, chapter 16).
- Filings. A Tennessee lawyer confirms whether the trust or the assets entering it need any filing.
- Funding. The trust account opens and every asset is retitled in the trustee’s name.
If the family wants its own trustee company, that step comes before drafting.
Documents the trustee asks for
You supply identity papers and evidence of where the wealth came from, plus the deed details and papers for any protector.
| Document | From whom | Purpose |
|---|---|---|
| Passport and proof of address | Settlor, protector | Identity checks on the settlor and protector |
| Source-of-wealth evidence | Settlor | Shows how the assets were built |
| Qualified trustee details and proof of residence or supervision | Proposed trustee | Shows the trustee meets the state test |
| Beneficiary details | Each beneficiary | Identification at payout |
| Tax residence and citizenship | Settlor | Tells the trustee what to collect for reporting |
| Share register and ownership chart | Any company entering the trust | Shows ownership and control |
Basis: One Pacific Trust’s checklist for Tennessee living and investment services trusts, accessed 2026-11-05.
Papers not in English usually need a certified translation. If a record is hard to find, tell us early, since an alternative proof is often possible.
Identity and source-of-funds checks
These checks come first because the rest waits on them. The trustee identifies the settlor and anyone who controls the trust, and records how the wealth was confirmed.
For the investment services route the file also holds the evidence that the trustee meets the state’s test, kept next to the identity papers.
Where we have not met you in person, we ask for a second identity document or a first payment from an account in your name.
Holding a senior public role now or before, whether you or someone connected with the trust, brings enhanced checks and senior-manager approval first.
After the trust is set up
Once funding is done, administration becomes routine: meetings when decisions arise, minutes, accounts and risk-based identity refreshes.
A yearly check that the trustee still meets the state’s test belongs to the investment services route.
The tax note explains what the trustee collects each year. The cost guide shows which steps carry a charge, and the plain answers cover common questions. The law page sets out the Act’s rules.
Request a quote for Tennessee and we reply with the next questions.
Frequently asked questions
How long does set-up take in Tennessee?
In Tennessee the pace often turns on trust type. A plain living trust needs identity checks and a deed. An investment services trust also needs a qualified trustee found, checked and named in the deed first. Identity and source-of-wealth checks, the law firm and the bank add to that. You receive a plan showing each step.
Which documents do I need for a trust in Tennessee?
You supply your identity documents with proof of address, evidence of where your wealth came from and beneficiary details. For a trust under the Investment Services Act the proposed trustee also gives proof of Tennessee residence or supervision. A company going in adds its incorporation papers and share register, and the Tennessee law firm drafts the deed.
How do you set up a trust in Tennessee?
In Tennessee you first choose between a plain living trust and one under the Investment Services Act. Either way you sign a written deed that names the beneficiaries, the trustee and Tennessee law, and then transfer assets to the trustee. A trust under that Act also needs a qualified trustee in the state named in the deed, and a Tennessee lawyer drafts it.