Tennessee Last Will and Testament

Introduction

Key Things to Know

1. 1

   A last will and testament is a legal document that states who receives your property when you die and names an executor (also called a personal representative) to administer your estate. It can also name a guardian for minor children.

2. 2

   Tennessee requires 2 witnesses to sign an attested will, in the presence of the testator and of each other (Tenn. Code Ann. Section 32-1-104). A witness who is also a beneficiary (an interested witness) does not invalidate the will, but that witness forfeits any gift value above what they would have received under intestacy, unless the will is also attested by 2 disinterested witnesses (Tenn. Code Ann. Section 32-1-103).

3. 3

   A self-proving affidavit is a sworn statement the 2 witnesses sign before a notary public, stating the facts of proper execution, so they do not have to appear in court to prove the will if it is uncontested. It is optional and governed by Tenn. Code Ann. Section 32-2-110.

4. 4

   Tennessee recognizes holographic (handwritten, unwitnessed) wills. No witnesses are needed at signing, but the signature and all material provisions must be in the testator's own handwriting, and that handwriting must later be proved by 2 witnesses (Tenn. Code Ann. Section 32-1-105).

5. 5

   The will itself does not need a notary. It needs the testator's signature and 2 attesting witnesses (Tenn. Code Ann. Section 32-1-104). A notary public is used only for the optional self-proving affidavit, never to execute the will itself.

6. 6

   You must be at least 18 years old and of sound mind to make a valid will in Tennessee (Tenn. Code Ann. Section 32-1-102).

7. 7

   Tennessee law generally lets you revoke a will with a later will, a signed revocation document, physically destroying the will with intent to revoke it, or, for gifts to a former spouse, by divorce or annulment (Tenn. Code Ann. Sections 32-1-201 and 32-1-202).

Tennessee Requirements for Last Will and Testament

• Two Attesting Witnesses Required

  An attested (typed or printed) Tennessee will must be signed by the testator and by at least 2 witnesses. The testator must signify to the witnesses that the instrument is the will and sign, acknowledge a prior signature, or direct someone else to sign, in the presence of both witnesses (Tenn. Code Ann. Section 32-1-104).

• Witnesses Sign in Each Other's Presence

  The two attesting witnesses must sign in the presence of the testator and in the presence of each other. Signing outside that shared presence can make the will invalid (Tenn. Code Ann. Section 32-1-104(a)(2)).

• Avoid Interested (Beneficiary) Witnesses

  Naming a beneficiary as a witness does not invalidate the will, but that interested witness forfeits any gift value above what they would have received under intestacy, unless the will is also attested by 2 disinterested witnesses (Tenn. Code Ann. Section 32-1-103). Choose witnesses who receive nothing under the will whenever possible.

• No Notary Needed to Execute the Will

  A Tennessee will is validly executed with the testator's signature and 2 attesting witnesses; a notary public plays no role in executing the will itself (Tenn. Code Ann. Section 32-1-104). A notary is used only for the separate, optional self-proving affidavit.

• Self-Proving Affidavit Is Optional but Available

  The 2 attesting witnesses may sign a sworn affidavit before a notary public stating the facts of due execution. If the will is not contested, the probate court accepts this affidavit in place of live witness testimony (Tenn. Code Ann. Section 32-2-110).

• Holographic (Handwritten) Wills Are Recognized

  Tennessee recognizes a holographic will with no witnesses required at signing, but the signature and all material provisions must be in the testator's own handwriting, and that handwriting must later be proved by 2 witnesses (Tenn. Code Ann. Section 32-1-105).

• Minimum Age and Sound Mind

  The testator must be at least 18 years old and of sound mind to make a valid will in Tennessee (Tenn. Code Ann. Section 32-1-102).

• Revoking a Prior Will

  Tennessee law generally allows revoking a will with a later will or a signed revocation document meeting the same execution formalities, or by physically burning, tearing, cancelling, obliterating, or destroying it with intent to revoke (Tenn. Code Ann. Section 32-1-201). A later divorce or annulment also revokes gifts and appointments to a former spouse unless the will expressly says otherwise (Tenn. Code Ann. Section 32-1-202).