How to Make a Will in Tennessee: Requirements, Witnesses, and Common Mistakes

Tennessee does not require you to use a lawyer, a specific template, or even a computer to make a valid will. What it does require is precise execution — two witnesses, specific signing procedures, and physical paper. Get those details wrong, and the probate court can throw the entire document out, no matter how carefully you wrote it.

Here is exactly what Tennessee law requires, how to avoid the most common execution mistakes, and what your will should actually cover.

Legal Requirements for a Tennessee Will

Under T.C.A. Section 32-1-104, a valid Tennessee will must meet four requirements:

1. You must be at least 18 years old (or a legally emancipated minor)
2. You must be of sound mind — you understand what assets you own, who your family members are, and what your will does
3. The will must be in writing — Tennessee does not permit oral wills or electronic wills (the Uniform Electronic Transactions Act explicitly excludes testamentary instruments)
4. You must sign the will (or direct someone to sign on your behalf in your presence) in front of two disinterested witnesses, who must also sign in your presence and in the presence of each other

That fourth requirement is where most problems occur.

The Witness Rules That Trip People Up

Tennessee's witness requirements are strict and literal. Both witnesses must:

• Be present at the same time when you sign
• Watch you sign (or acknowledge your signature)
• Sign in your presence and in each other's presence
• Be "disinterested" — meaning they do not benefit from the will

If one witness signs in a different room, or if the witnesses sign at different times, the will can be challenged as improperly executed. The Tennessee Court of Appeals in Estate of Chastain confirmed that a signature on a self-proving affidavit does not substitute for signing the will itself — these are two separate acts.

Who counts as a disinterested witness? Anyone who is not named as a beneficiary in the will. Your neighbor, a coworker, a bank employee — all fine. Your spouse or child who inherits under the will — not disinterested, and their participation could invalidate their bequest or the entire will.

Add a Self-Proving Affidavit

A self-proving affidavit under T.C.A. Section 32-2-110 is not required for a valid will, but skipping it creates unnecessary problems during probate.

Without the affidavit, your witnesses must appear in court after your death (or sign new sworn statements) to confirm that the will was properly executed. If a witness has moved out of state, become incapacitated, or died, proving the will becomes far more expensive and time-consuming.

The self-proving affidavit is a notarized statement attached to the will in which you and both witnesses swear under oath that the execution requirements were met. It eliminates the need for witness testimony during probate.

You sign the affidavit at the same time you sign the will, in front of a notary public and both witnesses. Most banks offer free notary services.

What Your Tennessee Will Should Cover

At minimum, your will should address:

• Executor appointment — name the person who will manage your estate through probate. Include a backup in case your first choice cannot serve.
• Asset distribution — specify who receives what. Be specific: "my 2024 Honda Civic" is enforceable; "my stuff" invites litigation.
• Guardian nomination — if you have minor children, name a guardian. Without this, the court decides.
• Bond and inventory waivers — your will can waive the requirement for your executor to post a surety bond and file a formal court inventory, saving hundreds in administrative costs.
• Residuary clause — a catch-all provision directing where any assets not specifically mentioned should go.

What a Will Cannot Do in Tennessee

A will does not control every asset you own. The following bypass your will entirely and transfer by their own rules:

• Jointly owned property with right of survivorship passes directly to the surviving owner
• Payable-on-death bank accounts go to the named beneficiary
• Retirement accounts and life insurance with designated beneficiaries
• Assets held in a living trust

If your will says "I leave everything to my sister" but your bank account has your ex-spouse as the POD beneficiary, your ex-spouse gets the bank account. Beneficiary designations override the will every time.

Handwritten Wills in Tennessee

Tennessee recognizes holographic (handwritten) wills under T.C.A. Section 32-1-105. A holographic will must be entirely in the testator's handwriting, signed by the testator, and proven by two witnesses who can identify the handwriting.

Holographic wills do not require witnesses at the time of signing, which makes them useful in emergencies. However, they are far more likely to be contested during probate, and proving the handwriting after your death can be difficult if no one is available to authenticate it.

For planned estate arrangements, a typed and properly witnessed will with a self-proving affidavit is always the better choice.

Common Mistakes to Avoid

Using an out-of-state template. Generic templates often include provisions that do not apply in Tennessee or miss state-specific requirements. Tennessee does not recognize transfer-on-death deeds for real property, for example, so a template that references them gives false confidence.

Forgetting to update after major life events. Under T.C.A. Section 32-1-201, marriage combined with the birth of a child automatically revokes a prior will. Divorce automatically revokes provisions benefiting a former spouse. If you do not write a new will after these events, you die partially or fully intestate.

Storing the will where no one can find it. Tennessee law (T.C.A. Section 32-1-113) allows you to deposit your will with the county probate clerk for safekeeping. This costs a small fee but guarantees the document is preserved and accessible.

Next Steps

Making a will in Tennessee is straightforward if you follow the execution rules precisely. The Tennessee Basic Estate Planning Kit walks you through the full process — will creation, witness coordination, self-proving affidavit, and the non-probate transfer strategies that protect assets your will cannot reach.

See more Tennessee guides →