How do I make a valid will in Tennessee?

Q: How do I make a valid will in Tennessee?

Tennessee wills are governed by T.C.A. Title 32 (Wills). 1. Testator Requirements - Age : 18 or older (T.C.A. § 32-1-102). - Capacity : Sound mind. 2. Witness Requirements — Attested Will (T.C.A. § 32-1-104) - In writing. - Signed by the testator (or by another in the testator's presence at the testator's direction). - 2 attesting witnesses , each of whom signed in the presence of the testator AND in the presence of each other, having seen the testator sign the will or having had the testator acknowledge the signature. 3. Notarization Not required for validity. A self-proving affidavit (T.C.A. § 32-2-110), signed by the testator and witnesses before a notary, avoids the need for witness testimony at probate. 4. Holographic Wills (T.C.A. § 32-1-105) Valid if: - The signature and all material provisions are in the testator's handwriting. - The testator's handwriting must be proved by 2 witnesses at probate (T.C.A. § 32-2-105). No witnesses required for execution. 5. Nuncupative (Oral) Wills (T.C.A. § 32-1-106) Valid only for personal property under $1,000 (or under $10,000 for armed forces members), made during last sickness, in the presence of 2 disinterested witnesses, reduced to writing within 30 days , and offered for probate within 6 months . 6. Interested Witnesses A beneficiary-witness's gift is void unless there are 2 other disinterested witnesses (T.C.A. § 32-1-103). 7. Intestacy (No Will) T.C.A. § 31-2-104: Spouse with no descendants takes all. Spouse + descendants — spouse takes the greater of 1/3 or a child's share . 8. Small Estate Threshold Tennessee small estate affidavit (T.C.A. § 30-4-103) is available for estates with personal property valued at $50,000 or less (excluding real estate), after a 45-day waiting period . This is legal information, not legal advice.

Question

Accepted Answer

Tennessee wills are governed by T.C.A. Title 32 (Wills).

1. Testator Requirements

Age: 18 or older (T.C.A. § 32-1-102).

Capacity: Sound mind.

2. Witness Requirements — Attested Will (T.C.A. § 32-1-104)

In writing.

Signed by the testator (or by another in the testator's presence at the testator's direction).

2 attesting witnesses, each of whom signed in the presence of the testator AND in the presence of each other, having seen the testator sign the will or having had the testator acknowledge the signature.

3. Notarization

Not required for validity. A self-proving affidavit (T.C.A. § 32-2-110), signed by the testator and witnesses before a notary, avoids the need for witness testimony at probate.

4. Holographic Wills (T.C.A. § 32-1-105)

Valid if:

The signature and all material provisions are in the testator's handwriting.

The testator's handwriting must be proved by 2 witnesses at probate (T.C.A. § 32-2-105).

No witnesses required for execution.

5. Nuncupative (Oral) Wills (T.C.A. § 32-1-106)

Valid only for personal property under $1,000 (or under $10,000 for armed forces members), made during last sickness, in the presence of 2 disinterested witnesses, reduced to writing within 30 days, and offered for probate within 6 months.

6. Interested Witnesses

A beneficiary-witness's gift is void unless there are 2 other disinterested witnesses (T.C.A. § 32-1-103).

7. Intestacy (No Will)

T.C.A. § 31-2-104: Spouse with no descendants takes all. Spouse + descendants — spouse takes the greater of 1/3 or a child's share.

8. Small Estate Threshold

Tennessee small estate affidavit (T.C.A. § 30-4-103) is available for estates with personal property valued at $50,000 or less (excluding real estate), after a 45-day waiting period.

This is legal information, not legal advice.