Is an Online Will Legal in Tennessee?
An online service can prepare a valid Tennessee will, but execution is strict and on paper: the testator signs or acknowledges the will before two attesting witnesses after signifying that the instrument is the testator's will, and the witnesses sign in the presence of the testator and of each other. Tennessee also recognizes unwitnessed holographic wills whose signature and material provisions are in the testator's handwriting.
The Answer at a Glance
Prepare the will online
ValidWhether a will drafted with online software can become a valid Tennessee will.
Sign it fully remotely
Paper signingWhether Tennessee recognizes an electronic will executed without an in-person paper signing.
What this means for you
Tennessee does not recognize electronic wills, so fully remote execution is not an option. Have the witnesses sign the will itself, not just an affidavit: signatures only on the notarized affidavit validate a will solely for pre-July 2016 executions. The § 32-2-110 witness affidavit, sworn before any oath officer, is still worth adding so the will can be proved without live testimony.
What Tennessee Law Requires
The governing law is Tenn. Code Ann. tit. 32, ch. 1 (Execution of Wills), §§ 32-1-101 to 32-1-108; witness affidavits at § 32-2-110. Each rule below links to the official source it was read from.
| Requirement | The Tennessee rule | Statute |
|---|---|---|
| Who can make a will | Age 18 or older, of sound mind. | Tenn. Code Ann. § 32-1-102 |
| Written document | Required. | Tenn. Code Ann. § 32-1-104 |
| Signature | The testator signs. At the testator's direction and in the testator's presence, someone else may sign the testator's name (§ 32-1-104(a)(1)(C)). | Tenn. Code Ann. § 32-1-104(a)(1) |
| Witnesses | 2. The testator must signify to the attesting witnesses that the instrument is the testator's will and sign it, acknowledge a signature already made, or have it signed at the testator's direction, in each case in the presence of two or more attesting witnesses. The attesting witnesses must then sign in the presence of the testator and in the presence of each other (§ 32-1-104(a)). | Tenn. Code Ann. § 32-1-104 |
| Notarization | Not required for validity. A self-proving affidavit is optional and speeds probate. | Tenn. Code Ann. § 32-2-110 |
Signing Day in Tennessee
The testator must signify to the attesting witnesses that the instrument is the testator's will and sign it, acknowledge a signature already made, or have it signed at the testator's direction, in each case in the presence of two or more attesting witnesses. The attesting witnesses must then sign in the presence of the testator and in the presence of each other (§ 32-1-104(a)).
For wills executed before July 1, 2016, § 32-1-104(b) lets witness signatures affixed to a § 32-2-110 affidavit count as signatures to the will under stated conditions; the same subsection says nothing in it relaxes the requirement that the testator sign the will, and an affidavit whose signatures are counted that way cannot also serve as a self-proving affidavit.
The self-proving step worth adding
Any or all attesting witnesses may make and sign an affidavit stating the facts they would be required to testify to in court to prove the will; the affidavit is written on the will or, if impracticable, on a paper attached to it, and the sworn statement is accepted in probate as if made in court (§ 32-2-110). This is Tennessee's self-proving mechanism. Timing: at the request of the testator at any time, including at execution, or after the testator's death at the request of the executor or any person interested under the will.
Choose witnesses carefully
No will is invalidated because attested by an interested witness, but an interested witness forfeits, unless the will is also attested by two disinterested witnesses, so much of the provisions made for that witness as in the aggregate exceeds in value, as of the date of the testator's death, what the witness would have received had the testator died intestate. No attesting witness is interested unless the will gives the witness some personal and beneficial interest.
Shortcuts Tennessee Does and Does Not Recognize
Handwritten (holographic) wills
YesNo witness to a holographic will is necessary, but the signature and all its material provisions must be in the handwriting of the testator, and the testator's handwriting must be proved by two (2) witnesses (§ 32-1-105). The statute does not require a date.
The two witnesses prove the handwriting at probate; they need not have witnessed the signing. (Tenn. Code Ann. § 32-1-105)
Oral wills
NarrowlyA nuncupative will may be made only by a person in imminent peril of death, from illness or otherwise, and is valid only if the testator died as a result of the impending peril. It must be declared to be the testator's will before two disinterested witnesses, reduced to writing by or under the direction of one of the witnesses within 30 days after the declaration, and submitted for probate within six months after the testator's death. It may dispose of personal property only, to an aggregate value not exceeding $1,000, except that persons in active military, air, or naval service in time of war may dispose of up to $10,000. It neither revokes nor changes an existing written will (§ 32-1-106).
Tennessee is one of the few states that retains a nuncupative-will statute; the conditions above make it a deathbed instrument of last resort, not a planning option. (Tenn. Code Ann. § 32-1-106)
Electronic wills
NoTennessee has no electronic-wills statute: a full-text search of the official code portal for 'electronic will' returns no provision, and Title 32's execution chapter requires signatures on the instrument itself. The Uniform Electronic Transactions Act expressly does not apply to a transaction governed by a law governing the creation and execution of wills, codicils, or testamentary trusts (§ 47-10-103(b)(1)), so an e-signature cannot satisfy the will formalities. (Tenn. Code Ann. § 47-10-103(b)(1))
A Will Signed in Another State
A will executed outside Tennessee in the manner prescribed by §§ 32-1-101 to 32-1-108, or a written will executed outside Tennessee in a manner prescribed by the law of the place of its execution or by the law of the testator's domicile at the time of its execution, has the same force and effect in Tennessee as if executed in Tennessee in compliance with those sections (§ 32-1-107(a)). (Tenn. Code Ann. § 32-1-107)
Keep Going
- The full Tennessee will-requirements guide covers capacity, revocation, and what happens when formalities fail.
- Tennessee estate planning sets the will beside the other documents a complete plan needs.
- A Tennessee revocable living trust is the main alternative when avoiding probate is the goal.
Frequently Asked Questions
Can I make my will online in Tennessee?
Does a Tennessee will need to be notarized?
How many witnesses does a Tennessee will need?
Are handwritten (holographic) wills valid in Tennessee?
Are electronic wills legal in Tennessee?
Is a will made in another state valid in Tennessee?
SourcesOfficial references used for this page
Verified against Tenn. Code Ann. tit. 32, ch. 1 (Execution of Wills), §§ 32-1-101 to 32-1-108; witness affidavits at § 32-2-110 on August 16, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Tennessee can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
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