State requirements
Making a will in Tennessee
Tennessee requires 2 adult witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
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?
Yes. Tennessee does not require a lawyer to draft a will. A will created online is valid in Tennessee when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in Tennessee?
Tennessee requires 2 adult 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?
No. Witnesses make a will valid in Tennessee, not a notary. 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?
A valid Tennessee will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses.
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Start my will — $29This page is general information about Tennessee law, not legal advice. Statutes change — verify current requirements or consult a licensed Tennessee attorney for complex situations.