How to Make a Valid Will in Tennessee
What Tennessee law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: Any person of sound mind who is 18 or older may make a will. Except for holographic and nuncupative wills, the testator must tell the witnesses that the document is the testator's will and sign it (or acknowledge an earlier signature, or have someone else sign at the testator's direction… Tenn. Code Ann. § 32-1-102; § 32-1-104
| Requirements for a valid will | Any person of sound mind who is 18 or older may make a will. Except for holographic and nuncupative wills, the testator must tell the witnesses that the document is the testator's will and sign it (or acknowledge an earlier signature, or have someone else sign at the testator's direction and in the testator's presence) in the presence of at least two attesting witnesses. The witnesses must sign in the presence of the testator and of each other. Official code not freely readable online; text verified on a public code mirror (code year 2024). |
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| Handwritten (holographic) wills | Yes. A handwritten will needs no witnesses, but the signature and all material provisions must be in the testator's handwriting, and the handwriting must be proved by two witnesses when the will is probated. Tennessee also recognizes a limited oral (nuncupative) will made by a person in imminent peril of death who dies of that peril; it must be declared before two disinterested witnesses, put in writing within 30 days, and submitted for probate within six months. Official code not freely readable online; text verified on a public code mirror (code year 2024). |
| Self-proving affidavit | Yes. The attesting witnesses may sign an affidavit before any officer authorized to administer oaths, at the testator's request or after death at the request of the executor or an interested person, stating the facts they would testify to in court. The affidavit is written on or attached to the will, and if the will is not contested the court accepts it as if the witnesses had testified in court. Official code not freely readable online; text verified on a public code mirror (code year 2024). For wills signed before July 1, 2016, witness signatures on such an affidavit can in some cases count as signatures on the will itself (§ 32-1-104(b)). Source: Tenn. Code Ann. § 32-2-110 |
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FAQ
What makes a will valid in Tennessee?
Any person of sound mind who is 18 or older may make a will. Except for holographic and nuncupative wills, the testator must tell the witnesses that the document is the testator's will and sign it (or acknowledge an earlier signature, or have someone else sign at the testator's direction and in the testator's presence) in the presence of at least two attesting witnesses. The witnesses must sign in the presence of the testator and of each other.
Is a handwritten will valid in Tennessee?
Yes. A handwritten will needs no witnesses, but the signature and all material provisions must be in the testator's handwriting, and the handwriting must be proved by two witnesses when the will is probated. Tennessee also recognizes a limited oral (nuncupative) will made by a person in imminent peril of death who dies of that peril; it must be declared before two disinterested witnesses, put in writing within 30 days, and submitted for probate within six months.
Does a will need to be notarized in Tennessee?
Yes. The attesting witnesses may sign an affidavit before any officer authorized to administer oaths, at the testator's request or after death at the request of the executor or an interested person, stating the facts they would testify to in court. The affidavit is written on or attached to the will, and if the will is not contested the court accepts it as if the witnesses had testified in court.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.