How to Make a Valid Will in Tennessee

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 Tennessee has no state income tax (Hall Tax repealed 2021) and no state estate tax.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)