How to Make a Valid Will in Tennessee

Tennessee in depth

Tennessee is unusual in one direction and strict in another. It is one of the few states that recognizes both handwritten (holographic) and oral (nuncupative) wills — so a will can be valid with no witnesses at the signing, or even spoken aloud on a deathbed. But when it comes to the ordinary typed-and-witnessed will, Tennessee demands strict compliance: it has never adopted a harmless-error rule, so a signing that misses a formality is simply invalid, no matter how clear your intent was.

The statute facts above give you the rules. This section covers where Tennessee wills actually go wrong, the two backup routes Tennessee keeps that most states don't, and the protections built into Tennessee law that you cannot draft around.

Five ways a Tennessee will gets thrown out

Most Tennessee wills that fail, fail on how they were signed — not on what they say. And because Tennessee requires strict compliance with no harmless-error rescue, a defect is usually fatal. These are the recurring ones.

1. 1

   Witnesses who don't sign in front of each other and you

   An attested Tennessee will requires two witnesses, and each must sign in the presence of the testator and of each other (T.C.A. § 32-1-104(a)). Collecting witness signatures separately — one this week, one next week, each unaware of the other — breaks the rule. Because Tennessee has no harmless-error safety valve, that defect can't be argued away later. Get the testator and both witnesses in one room at one time.

2. 2

   Forgetting to "signify" that the document is your will

   Tennessee doesn't require a formal publication speech, but the testator must signify to the witnesses that the instrument is his will (T.C.A. § 32-1-104(a)). A silent signing — where witnesses watch you sign but are never told what they're signing — invites a challenge. Say plainly that it is your will before everyone signs.

3. 3

   Using a beneficiary as one of your two witnesses

   An interested witness does not void a Tennessee will, but it costs that witness. Unless the will is also attested by two disinterested witnesses, an interested witness forfeits so much of the gift as exceeds what they would have inherited with no will at all (T.C.A. § 32-1-103). The will survives; the witness's extra inheritance may not. Keep your witnesses neutral parties who take nothing.

4. 4

   Assuming a signed self-proving affidavit is the same as signing the will

   It isn't. Tennessee courts require strict compliance, and the Tennessee Supreme Court has held that a testator's signature on the self-proving affidavit does not satisfy the separate requirement to sign the will itself (In re Estate of Chastain, 2012; T.C.A. § 32-1-104). Sign the will, then sign the affidavit — signing only the affidavit can leave you with no valid will at all.

5. 5

   Signing electronically or by video

   As of 2026, Tennessee has not enacted an electronic wills act, and § 32-1-104 requires witnesses to sign in the physical presence of the testator and each other. The COVID-era remote-notarization allowances were temporary and have expired. A scanned PDF, an e-signature, or a will "witnessed" over a video call is not a valid Tennessee will. Sign a paper original in wet ink with two witnesses physically present.

Tennessee recognizes both handwritten and oral wills

This is Tennessee's distinctive feature. A holographic will needs no witnesses at the signing, but the signature and all the material provisions must be in the testator's own handwriting, and that handwriting must later be proved by two witnesses who can identify it (T.C.A. § 32-1-105). If the dispositive terms are typed or filled in on a printed form, it is neither a valid holographic will nor a valid attested one.

Tennessee also keeps a nuncupative (oral) will — but only in a true emergency. It works only for a testator in imminent peril of death who actually dies from that peril; the words must be declared before two disinterested witnesses, reduced to writing within 30 days, and offered for probate within six months (T.C.A. § 32-1-106). It can pass personal property worth up to $1,000 — up to $10,000 for someone in active military service in wartime — and it cannot change an existing written will. Treat it as a last resort, not a plan.

You can't fully disinherit a spouse in Tennessee

Tennessee is not a community-property state, but it protects a surviving spouse through an elective share that scales with the length of the marriage. A spouse left too little can claim a percentage of the decedent's net estate: 10% for a marriage of less than three years, 20% at three to under six years, 30% at six to under nine years, and 40% at nine years or more (T.C.A. § 31-4-101).

The elective share is reduced by property already passing to the spouse, but homestead, exempt property, and the year's support allowance are not counted against it — the spouse keeps those on top. You cannot write around this by leaving the spouse out of the will. Tennessee does offer an opt-in community-property trust, but that is a deliberate choice, not the default. If part of your plan depends on leaving a spouse less than the statutory share, build the elective share into the plan rather than ignoring it.

The child you forgot, and the ex-spouse you didn't remove

A child born after you sign your will — a pretermitted child — takes the share they would have received had you died without a will, unless the will shows the omission was intentional or you otherwise provided for that child (T.C.A. § 32-3-103). Naming your existing children is not, by itself, enough to cut out a later-born one; the intent to omit has to be clear.

Tennessee has no separate omitted-spouse statute. A spouse you marry after signing the will is protected instead through the elective share, the year's support allowance, and homestead — the same tools that stop a spouse from being disinherited. Divorce cuts the other way: a final divorce or annulment revokes every gift and fiduciary appointment to the former spouse by operation of law (T.C.A. § 32-1-202). None of this is a substitute for redrafting — revisit the will after any marriage, divorce, or new child.

The self-proving affidavit — a shortcut, not the signature

Notarization is never required to make a Tennessee will valid; two witnesses are. What a notary adds is the self-proving affidavit: the testator and witnesses swear before an authorized officer that the will was properly executed, and that sworn affidavit is later accepted as if the witnesses had testified in court (T.C.A. § 32-2-110). A self-proved will can be admitted to probate without tracking the witnesses down years later.

But treat the affidavit as a separate step from signing the will — never a replacement for it. This is the exact trap Tennessee's Supreme Court flagged in Chastain: a testator who signs only the affidavit has not signed the will, and strict compliance means there is no rescuing it. Sign the will first, in front of two witnesses; then, ideally the same day, complete the self-proving affidavit before the notary.

Where a Tennessee will is proved — and the 2022 small-estate change

Tennessee probates wills in the Chancery Court of the county where the decedent was a resident at death — except in the counties that have a dedicated Probate Court, such as Shelby (Memphis) and Davidson (Nashville), where that court handles it (T.C.A. §§ 16-16-201, 32-2-101). This is the court that decides whether your will was validly executed, which is exactly why the two-witness formalities carry so much weight.

Tennessee overhauled its small-estate process in a 2022 rewrite (amended effective April 28, 2023), replacing the old one-page small-estate affidavit. Modest estates — personal property of $50,000 or less, with no real property — are now handled through a petition for limited letters: limited letters of administration if the person died intestate, or limited letters testamentary of a small estate if there is a will, with a muniment-of-title filing available under T.C.A. § 32-2-111 (T.C.A. §§ 30-4-102, 30-4-103). Having a will does not force a full probate — it changes the filing, not the availability of the simplified route. The limited-letters petition is a more formal step than the old affidavit, but it still avoids full administration, and the $50,000 cap and roughly 45-day wait remain. Tennessee also imposes no state inheritance tax (fully phased out for deaths on or after January 1, 2016) and no estate or gift tax.

Common questions about Tennessee wills

Sources

• T.C.A. § 32-1-102 — Who may make a will
• T.C.A. § 32-1-103 — Interested (beneficiary) witness
• T.C.A. § 32-1-104 — Execution and attestation of wills
• T.C.A. § 32-1-105 — Holographic will
• T.C.A. § 32-1-106 — Nuncupative (oral) will
• T.C.A. § 32-1-202 — Revocation by divorce or annulment
• T.C.A. § 32-2-110 — Self-proving affidavit
• T.C.A. § 31-2-104 — Intestate share of surviving spouse and heirs
• T.C.A. § 31-4-101 — Elective share of surviving spouse
• T.C.A. § 32-2-111 — Muniment of title (small estate)
• Tennessee Department of Revenue — Inheritance Tax (phased out)

Who Can Make a Will in Tennessee?

You must be at least 18 years old to make a will in Tennessee. No statutory exceptions for minors. The testator must be of sound mind (Tenn. Code § 32-1-102)

Signing Requirements

Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another person may sign in the testator's presence and by the testator's direction (Tenn. Code § 32-1-104).

Witness Requirements in Tennessee

Tennessee requires 2 witnesses. Must be credible witnesses. The testator must sign or acknowledge the will in the presence of two witnesses, and the witnesses must sign in the presence of the testator (Tenn. Code § 32-1-104).

Interested witnesses: An interested witness does not invalidate the will but may create an inference of undue influence

Notarization in Tennessee

Notarization is not required for a will to be valid in Tennessee. Not required for validity; used for self-proving affidavit

Self-Proving Affidavit

Tennessee allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public (Tenn. Code § 32-2-110)

Handwritten (Holographic) Wills

Tennessee does recognize holographic wills. Valid if wholly in the testator's handwriting and signed by the testator. No witnesses required at execution but must be proven by two witnesses to the handwriting (Tenn. Code § 32-1-105)

Electronic Wills

Tennessee does not currently recognize electronic wills. Tennessee does not currently have an electronic wills statute

Oral (Nuncupative) Wills

Recognized in limited circumstances: must be made in imminent peril of death, before two disinterested witnesses, and only for personal property not exceeding $1,000 in value. Must be reduced to writing within 20 days and submitted for probate within 6 months (Tenn. Code § 32-1-106)

How to Revoke a Will in Tennessee

In Tennessee, a will can be revoked by:

• •Executing a subsequent will or codicil
• •Physical destruction (burning, tearing, canceling, obliterating) by the testator or at the testator's direction and in the testator's presence

Tenn. Code § 32-1-201

Special Provisions in Tennessee

Tennessee is a separate property/common law state. Surviving spouse has an elective share (Tenn. Code § 31-4-101). Tennessee has no state income tax (Hall Tax repealed 2021) and no state estate tax. Tennessee allows a real property disposition separate from the will via a recorded deed

Relevant Tennessee Statutes

• Tenn. Code § 32-1-102 (Who may make a will)
• Tenn. Code § 32-1-104 (Execution of attested wills)
• Tenn. Code § 32-1-105 (Holographic wills)
• Tenn. Code § 32-1-106 (Nuncupative wills)
• Tenn. Code § 32-1-201 (Revocation)
• Tenn. Code § 32-2-110 (Self-proved wills)
• Tenn. Code § 31-4-101 (Elective share)