Skip to main content
Tennessee Will Requirements
Pillar GuideTennessee11 min read

Tennessee Will Requirements

Tennessee will requirements explained: the 18-and-sound-mind rule, two-witness signing, holographic and nuncupative will limits, self-proving affidavits, and revocation.

By Settled Editorial

Tennessee will requirements decide whether a court honors what you wrote or treats your estate as if you left no will. Most people want one answer first: what makes a will valid here. In Tennessee, the maker (the testator) must be at least 18 and of sound mind, the will must be signed by the testator, and a typed or printed will must be signed by two witnesses, who sign in the presence of the testator and of each other. Tennessee also recognizes a handwritten (holographic) will without witnesses, and a narrow spoken (nuncupative) will in emergencies. A will can also be made self-proving so the witnesses do not have to appear at probate. (See TN Code 32-1-104 and TN Code 32-1-102.)

Use this page as a planning map, not as legal advice or a do-it-yourself signing kit. Tennessee courts apply these statutes to the facts of each will, and a small signing mistake can put a will at risk. When real estate, a blended family, or a possible dispute is involved, confirm your plan with a licensed Tennessee attorney before you sign.

A will is one piece of a larger plan. This guide pairs with the Tennessee probate guide for what happens after death, and the Tennessee intestate succession guide for who inherits when no valid will exists.

Who Can Make a Will in Tennessee

Two capacity rules sit at the front of Tennessee will requirements. The statute is short: any person of sound mind who is eighteen years of age or older may make a will. (Source: TN Code 32-1-102.)

Here is what that means in plain terms:

  • Age. The maker must be at least 18. A person under 18 cannot make a valid Tennessee will, even with a parent's permission.
  • Sound mind. The maker must understand, in a general way, that they are making a will, the nature and extent of their property, and the people who would normally receive it. A will signed by someone who lacks that understanding is open to challenge.

Capacity is judged at the moment of signing, not before or after. A later illness does not undo a will that the testator validly made while of sound mind.

The Core Signing Rules

For a will that is not wholly handwritten (the typed or printed will most people use), Tennessee sets a clear chain of steps. The will must be signed by the testator and by at least two witnesses. (Source: TN Code 32-1-104.)

Let's break it down:

  1. The testator signifies the document is their will. The testator must let the attesting witnesses know that the instrument is the testator's will.
  2. The testator signs or acknowledges. The testator either signs the will, acknowledges a signature already made, or has someone else sign the testator's name at the testator's direction and in the testator's presence. The signing or acknowledgment happens in the presence of two or more attesting witnesses.
  3. Two witnesses sign. The attesting witnesses must sign in the presence of the testator and in the presence of each other.

The two-witness rule is the part that trips up homemade wills. Both witnesses have to sign while in the room with the testator and with each other. A witness who signs later, alone, or in another room breaks the chain. Choose witnesses who are not receiving anything under the will when you can, and keep them reachable for probate.

One practical note: a will signed before July 1, 2016 may, in limited cases, treat witness signatures on a self-proving affidavit as signatures on the will itself, if the witnesses and testator signed at the same time. That is a narrow fix for older wills. For any will you sign today, follow the standard steps above and do not rely on it. (Source: TN Code 32-1-104.)

Does a Tennessee Will Need to Be Notarized?

No. A Tennessee will is valid when the testator and two witnesses sign it under TN Code 32-1-104. A notary is not part of basic validity.

A notary matters only for the optional self-proving affidavit described below. That affidavit speeds up probate, but a will without one is still valid if the signing was done correctly.

Handwritten (Holographic) Wills

Tennessee recognizes a holographic will, meaning a will in the testator's own handwriting. No witness to the signing is needed, but two conditions apply. The signature and all material provisions of the will must be in the testator's handwriting, and the testator's handwriting must later be proved by two witnesses. (Source: TN Code 32-1-105.)

Read the conditions closely:

  • Handwritten signature and material terms. The testator's signature and the meaningful parts of the will (who gets what) must be in the testator's own handwriting. A printed form with handwritten blanks does not qualify.
  • No witnesses at signing. Unlike a typed will, a holographic will needs no one present when the testator signs.
  • Proved later by two witnesses. After death, two people must prove that the handwriting is the testator's.

A holographic will is a real option, but it is the most contested kind. Handwriting can be hard to prove, intent can be unclear, and finding two handwriting witnesses years later is not always easy. A typed will signed before two witnesses, made self-proving, is usually the cleaner path.

Spoken (Nuncupative) Wills Are Very Limited

Tennessee allows a nuncupative will, which is a spoken will, but only in a tight set of emergency facts. Do not treat it as a substitute for a written will. (Source: TN Code 32-1-106.)

A nuncupative will is valid only when every one of these holds true:

  • Imminent peril of death. The testator must be in imminent peril of death, from illness or otherwise, and must actually die as a result of that peril.
  • Declared before two disinterested witnesses. The testator must declare it to be their will in front of two disinterested witnesses.
  • Written down within 30 days. One of the witnesses must reduce it to writing within 30 days of the declaration.
  • Filed within six months. Someone must submit it for probate within six months after the death.

Even then, a nuncupative will can pass personal property only, up to a total value of $1,000 (or $10,000 for a person in active military, air, or naval service in time of war). It cannot transfer real estate, and it neither revokes nor changes an existing written will. The takeaway is simple: a spoken will is a last resort, not a plan.

Self-Proving Affidavits

Tennessee lets a will be made self-proving, which removes a common probate headache: tracking down the witnesses to testify. Any or all of the attesting witnesses may, at the testator's request or after death at the request of the executor or an interested person, make and sign an affidavit before an officer authorized to administer oaths, such as a notary public. The affidavit states the facts they would otherwise testify to in court, and the probate court accepts it (when the will is not contested) as if the witnesses had appeared in person. (Source: TN Code 32-2-110.)

What this means for a Tennessee will:

  • A self-proving affidavit is optional. A will without one is still valid if it was signed correctly.
  • The affidavit does not replace the witnesses at signing. It is an extra sworn, notarized statement.
  • The affidavit must be written on the will or, if that is impractical, on a paper attached to the will.
  • With it, the court can usually admit the will without locating the witnesses, which saves time if a witness has died or moved.

Adding a self-proving affidavit is the single easiest way to make a typed Tennessee will move smoothly through probate.

Witnesses Who Are Also Beneficiaries

A frequent worry is whether a will fails because a witness also inherits under it. In Tennessee, the will is not invalidated just because an interested witness attested it. But Tennessee does apply a "purging" rule, and this is where it differs from some other states. (Source: TN Code 32-1-103.)

Here is how it works:

  • The will stays valid even if a beneficiary served as a witness.
  • Unless two disinterested witnesses also attested the will, an interested witness forfeits any part of their gift that exceeds what they would have received if the testator had died without a will.
  • A witness is only "interested" if the will gives that witness a personal, beneficial interest.

So a witness-beneficiary can lose part of their inheritance if there are not two other disinterested witnesses. The safer practice is plain: use two disinterested witnesses who inherit nothing under the will. That keeps the gifts intact and removes any argument about bias if the will is ever challenged.

How a Tennessee Will Is Revoked or Changed

A valid will can be undone, and the methods matter. Tennessee recognizes several ways to revoke a will. (Source: TN Code 32-1-201.)

A will, or any part of it, is revoked by:

  • A later will. A subsequent will (not a nuncupative one) that revokes the prior will expressly or by inconsistency.
  • A document of revocation. A separate writing executed with all the formalities of an attested or holographic will that expressly revokes the prior will.
  • A physical act. Burning, tearing, cancelling, obliterating, or destroying the will with the intent to revoke it, done by the testator or by another person in the testator's presence and at the testator's direction.
  • Marriage plus a new child. Both the subsequent marriage and the birth of a child of the testator together revoke the will. Note that a divorce or annulment of that later marriage does not revive the prior will.

Tennessee handles divorce with its own rule. If the testator divorces or has the marriage annulled after signing the will, the divorce revokes any gift, any power of appointment, and any nomination of the former spouse as executor, trustee, conservator, or guardian, unless the will says otherwise. The property then passes as if the former spouse had not survived. Remarriage to that same former spouse revives the revoked provisions. (Source: TN Code 32-1-202.)

Beyond marriage, a new child, divorce, and the acts above, no other change of circumstances revokes a Tennessee will. If your wishes change, update the document itself with the same signing formalities.

What This Means for Your Plan

If you want a Tennessee will that holds up, the cleanest version usually looks like this:

  1. Confirm the testator is at least 18 and of sound mind.
  2. Put the will in writing and have the testator sign it.
  3. Sign in front of two witnesses, ideally disinterested, and have both witnesses sign in the presence of the testator and of each other.
  4. Add a notarized self-proving affidavit so the witnesses do not have to appear at probate.
  5. Store the original safely and tell your executor where it is, because the probate court admits the original document.

A will works alongside the documents that protect you during life and the tools that reduce probate. See the Tennessee power of attorney guide and the Tennessee advance directive guide for the lifetime documents, the Tennessee guide to avoiding probate for probate-reduction tools, and the Tennessee executor duties guide for what the person you name will actually do. For the broader picture of how an estate moves through the courts, start at the Tennessee probate guide or the Tennessee county probate directory.

This guide is general information about Tennessee wills. It is not legal advice. Confirm anything that affects your situation with the probate court in your county or a licensed Tennessee attorney before you sign or rely on a will.

Sources

Want an estate-planning attorney to handle this?

We can connect you with a local attorney in Tennessee.

Connect

Settled Estate is not a law firm and does not give legal advice.

Information current as of June 14, 2026

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.

Need Help With Your Probate Case?

Take our free assessment to understand your options and get personalized guidance for your situation.

Take Free AssessmentFind Your County
← Back to Resources