State requirements
Making a will in Tennessee
Tennessee lists 2 witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. These are educational source notes, not a certification of an individual document. Verify the current official rules before signing.
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Witnesses
2 witnesses
Notarization
Optional (affidavit)
Holographic wills
Recognized
Self-proving affidavit
Available
Overview
Tennessee has traditional will requirements. Tennessee recognizes holographic wills. Tennessee is NOT a community property state but has elective share protections.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | T.C.A. § 32-1-102 | 18+ and of sound mind |
| Execution Requirements | T.C.A. § 32-1-104 | Written, signed, 2 witnesses |
| Holographic Wills | T.C.A. § 32-1-105 | Entirely in testator's handwriting |
| Self-Proving | T.C.A. § 32-1-104 | Available with affidavit |
| Elective Share | T.C.A. § 31-4-101 | 40% of net estate |
Execution Requirements
TENNESSEE WILL REQUIREMENTS:
✓ In writing
✓ Signed by testator
✓ Attested by 2 or more credible witnesses
✓ Witnesses sign in testator's presence
HOLOGRAPHIC WILLS:
✓ Entirely in testator's handwriting
✓ Signed by testator
✓ NO witnesses required
Elective Share
TENNESSEE ELECTIVE SHARE:
- 40% of net estate (as of 2021 reform)
- Previously was lower for long-term marriages
- Must elect within 9 months of death
Self-Proving Affidavit
Tennessee allows self-proving wills under T.C.A. § 32-1-104.
Checklist for Tennessee Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 credible witnesses signed in testator's presence
- •[ ] Self-proving affidavit completed
- •[ ] OR: Holographic will entirely in testator's handwriting
Tennessee will questions, answered
Can I make a will online in Tennessee?
You can prepare wishes online, but the method of drafting alone does not establish validity. Check Tennessee requirements, your circumstances and the currently supported drafting scope. Professional review is separate.
How many witnesses does a will need in Tennessee?
Tennessee requires 2 witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Tennessee require a will to be notarized?
Notarization and witnessing serve different purposes. Check the rules for your particular Tennessee document; neither action alone establishes validity. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Tennessee?
Yes, Tennessee recognizes holographic wills under specific conditions. They are riskier than witnessed wills — harder to probate and easier to contest — so a witnessed will remains the safer choice.
What makes a will legally valid in Tennessee?
Tennessee sets out what happens at signing: the will is in writing, the person making it is 18 or older and of sound mind, they sign it, and 2 witnesses who are not beneficiaries sign it as well. A notary is not part of that list — notarization belongs to the optional self-proving affidavit. Capacity and freedom from pressure matter as much as the formalities, and statutes change, so read the current Tennessee source above and get local help for your circumstances.
Keep reading
All guides →Your Tennessee wishes, thoughtfully prepared.
Start with your location and supported circumstances. A public guide does not mean generation is currently open. Professional review and signing remain separate steps.
Check drafting availabilityThis page is general information about Tennessee law, not legal advice. Statutes change — verify current requirements or consult a licensed Tennessee attorney for complex situations.