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Tennessee Last Will and Testament

Tennessee requires 2 witnesses to sign a will, not a notary. Holographic wills are valid too. Make a free Tennessee will template. Attorney review available.

Introduction

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 carry out those wishes and administer your estate. It can also name a guardian for any minor children. In Tennessee, the Tennessee Execution of Wills Act requires an attested (typed or printed) will to be signed by the testator and by at least 2 witnesses, who must sign in the presence of the testator and of each other (Tenn. Code Ann. Section 32-1-104). Tennessee also lets the 2 witnesses sign a separate self-proving affidavit before a notary public, so they will not have to testify in court later if the will is not contested (Tenn. Code Ann. Section 32-2-110). The will itself does not need a notary; only that optional affidavit does. Tennessee is one of the states that recognizes a holographic (handwritten, unwitnessed) will, so long as the signature and all material provisions are in the testator's own handwriting and later proved by 2 witnesses (Tenn. Code Ann. Section 32-1-105). You must be at least 18 and of sound mind to make a will here (Tenn. Code Ann. Section 32-1-102). Attorney review is available as an option before you sign.

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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).

Key decisions before you file

Before you file a Last Will and Testament in Tennessee, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

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TENNESSEE LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [YOUR FULL LEGAL NAME], a resident of [COUNTY] County, Tennessee, being of sound mind and at least eighteen (18) years old (Tenn. Code Ann. Section 32-1-102), declare this to be my Last Will and Testament (the will) and revoke all prior wills and codicils I have made.

  2. EXECUTOR APPOINTMENT I appoint [EXECUTOR NAME] of [CITY], Tennessee, as executor (personal representative) of my estate, to serve without bond if permitted by law. If [EXECUTOR NAME] is unable or unwilling to serve, I appoint [SUCCESSOR EXECUTOR NAME] as successor executor.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests of property, naming each beneficiary and describing each gift. A beneficiary is a person or organization who receives a gift under this will.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate (the residuary estate, meaning everything not specifically given away above), real and personal, not otherwise disposed of in this will, to [RESIDUARY BENEFICIARY NAME], or if that beneficiary does not survive me, to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION CLAUSE I signify to the two witnesses below that this instrument is my will, and I sign it, or acknowledge my signature, in the presence of both witnesses. The witnesses sign in my presence and in the presence of each other, as Tenn. Code Ann. Section 32-1-104 requires. Avoid naming a beneficiary as a witness: an interested witness forfeits any gift above the intestate share unless two disinterested witnesses also sign (Tenn. Code Ann. Section 32-1-103).

Signed: _____________________ Date: _______ [YOUR FULL LEGAL NAME], Testator

Witness 1 signature: _____________________ Date: _______ Print name: ___________________ Address: ___________________

Witness 2 signature: _____________________ Date: _______ Print name: ___________________ Address: ___________________

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Under Tenn. Code Ann. Section 32-2-110, the two witnesses may sign a separate affidavit before a notary public stating the facts of due execution, so the witnesses need not appear in court to prove the will if it is not contested.

STATE OF TENNESSEE COUNTY OF [COUNTY] We, the undersigned witnesses, being first duly sworn, state that the testator signed this will in our presence and declared it to be the testator's will, and that we signed as witnesses in the presence of the testator and of each other.

_____________________ Witness 1 _____________________ Witness 2

Sworn to and subscribed before me this ___ day of ________, 20. _____________________ Notary Public, State of Tennessee My commission expires: _______

Note: This will is governed by the Tennessee Execution of Wills Act, Tenn. Code Ann. Sections 32-1-101 to 32-1-202. Choose disinterested witnesses whenever possible; a beneficiary who also serves as a witness (an interested witness) forfeits any gift value above what they would receive by intestacy unless two disinterested witnesses also attest (Tenn. Code Ann. Section 32-1-103). Keep the signed original in a safe place and tell your executor where to find it, since the original, not a copy, is generally what the probate court needs to admit the will. This is a Tennessee skeleton for a last will and testament. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Tennessee in about a minute, and notarize it online through DocDraft if it does.

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).

Does your Last Will and Testament need to be notarized in Tennessee?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

An attested (typed or printed) will in Tennessee needs 2 witnesses. They must sign in the presence of the testator and of each other, after the testator signifies that the document is their will (Tenn. Code Ann. Section 32-1-104). Avoid using a beneficiary as a witness. Tennessee does not invalidate a will attested by an interested witness, but that witness forfeits any gift above what they would receive by intestacy unless 2 disinterested witnesses also sign (Tenn. Code Ann. Section 32-1-103).

No. A Tennessee will is validly executed with the testator's signature and 2 attesting witnesses; a notary is not part of executing the will itself (Tenn. Code Ann. Section 32-1-104). A notary public is used only for the optional self-proving affidavit under Tenn. Code Ann. Section 32-2-110, which lets the witnesses swear to proper execution in advance so they need not testify in court later.

Yes. Tennessee recognizes holographic wills under Tenn. Code Ann. Section 32-1-105. No witnesses are required at signing, but the signature and all material provisions must be entirely in the testator's own handwriting, and that handwriting must later be proved by 2 witnesses when the will is offered for probate.

Write out your wishes (who inherits your property, who serves as executor, and a guardian for minor children if needed), then sign the document and have 2 witnesses sign in your presence and in each other's presence (Tenn. Code Ann. Section 32-1-104). You can also add a self-proving affidavit before a notary public (Tenn. Code Ann. Section 32-2-110). Attorney review is available as an option.

You must be at least 18 and of sound mind (Tenn. Code Ann. Section 32-1-102), and, for a typed or printed will, sign it or acknowledge your signature before 2 attesting witnesses who then sign in your presence and in each other's presence (Tenn. Code Ann. Section 32-1-104). A handwritten holographic will can instead be valid with no witnesses at signing if the signature and material provisions are in your own handwriting (Tenn. Code Ann. Section 32-1-105).

A self-proving affidavit is a sworn statement the 2 attesting witnesses sign before a notary public, describing the facts of the will's execution. Under Tenn. Code Ann. Section 32-2-110, if the will is not contested, the court accepts this affidavit in place of live witness testimony, which can speed up probate.

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).

Tennessee law generally lets you revoke a will with a later will or a signed revocation document that meets 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 subsequent divorce or annulment also revokes gifts and appointments made to a former spouse, unless the will expressly says otherwise (Tenn. Code Ann. Section 32-1-202).