What Makes a Will Valid in Tennessee

A will is one of the most important legal documents a person can create, but its ability to do what you intend depends entirely on whether it was prepared and executed correctly. Tennessee law sets out specific requirements for a valid will, and a document that fails to meet those requirements may be denied probate, leaving the estate to be distributed according to state intestacy laws instead of the deceased person’s actual wishes.

The Basic Requirements for a Valid Tennessee Will

Tennessee law requires that a valid will meet all of the following conditions:

• It must be in writing — oral wills are not recognized under Tennessee law
• It must be signed by the person making it, called the testator
• It must be witnessed by at least two people who sign in the presence of the testator
• The testator must be at least 18 years old at the time of signing
• The testator must be of sound mind, meaning they have testamentary capacity

Witnesses should generally not be beneficiaries under the will, as this can create complications during probate even if the will is otherwise valid.

Notarization and Self-Proving Wills

Tennessee wills are not required to be notarized to be valid, but notarization creates what is called a self-proving will. When a will is self-proved through a notarized affidavit signed by the testator and witnesses, the probate court can admit the will without requiring the witnesses to appear and testify about the signing. This simplifies and speeds up the probate process significantly. Most Tennessee estate planning attorneys routinely include the self-proving affidavit as part of the will execution process.

Holographic Wills in Tennessee

Tennessee does recognize holographic wills, which are wills written entirely in the testator’s own handwriting and signed by the testator, without the need for witnesses. While holographic wills are technically valid under Tennessee law, they carry significant risks. Handwriting must be clearly authenticated, the document must unambiguously express testamentary intent, and any portion that is not in the testator’s own handwriting may be disregarded. Typed or printed wills that are partially handwritten do not qualify as holographic wills and must meet the standard witness requirements.

A Knoxville wills lawyer works with clients to prepare wills that meet all of Tennessee’s formal requirements from the outset, avoiding the ambiguities that commonly arise with handwritten or informally executed documents.

What Disqualifies a Will in Tennessee

A will can be denied probate or successfully contested on several grounds. Lack of testamentary capacity at the time of signing, undue influence by another party that overrode the testator’s free will, fraud, duress, or failure to meet the formal execution requirements can all result in a will being invalidated. When a court finds a will invalid, the estate passes as if no will existed, which means the intestacy statutes control the distribution.

Carpenter & Lewis PLLC is a Knoxville, Tennessee estate planning firm that has been helping individuals and families create valid, legally sound wills and estate plans since 1989.

Creating a Valid Will in Knoxville

If you want to make sure your will meets all of Tennessee’s legal requirements and will hold up in probate without complication, speaking with a Knoxville wills lawyer is the most direct way to prepare a document that does exactly what you intend.