How to Make a Will in Tennessee (2026 Guide)

A will made in Tennessee must be signed by you and by 2 witnesses to be valid. Yes (Tenn. Code Ann. § 32-2-110). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Tennessee will covers, generated from the same rules.

Make my free Tennessee will

Tennessee will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	Yes
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	Tenn. Code Ann. § 32-1-104
Financial POA statute	Tenn. Code Ann. § 34-6-101 et seq. (Uniform Durable Power of Attorney Act; statutory powers at § 34-6-109)
Healthcare directive statute	Tenn. Code Ann. § 68-11-1801 et seq. (Tennessee Health Care Decisions Act); optional Department of Health forms

Witnesses

Two witnesses. The testator must signify to the attesting witnesses that the instrument is the testator's will and sign it (or acknowledge a prior signature or have another sign) in the presence of at least two attesting witnesses who are present at the same time; the witnesses must then sign in the presence of the testator and of each other (Tenn. Code Ann. § 32-1-104). Use adult witnesses who take nothing under the will: a gift to an attesting witness (or the witness's spouse) is void unless the will is also attested by two other disinterested witnesses, although the interested witness may still take what he or she would have received by intestacy (Tenn. Code Ann. § 32-1-103). Everyone must be together for the signing; sign in one sitting.

Do you need a notary in Tennessee?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Tenn. Code Ann. § 32-2-110). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Tennessee

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The testator must signify to the attesting witnesses that the instrument is the testator's will and sign it (or acknowledge a prior signature or have another sign) in the presence of at least two attesting witnesses who are present at the same time; the witnesses must then sign in the presence of the testator and of each other (Tenn. Code Ann. § 32-1-104). Use adult witnesses who take nothing under the will: a gift to an attesting witness (or the witness's spouse) is void unless the will is also attested by two other disinterested witnesses, although the interested witness may still take what he or she would have received by intestacy (Tenn. Code Ann. § 32-1-103). Everyone must be together for the signing; sign in one sitting.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Tenn. Code Ann. § 32-2-110). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy. Some Tennessee probate or chancery clerks accept wills for safekeeping; ask the clerk of the court in your county whether it offers this service.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may elect to take a percentage of the net estate that rises with the length of the marriage: 10% if married less than three years, 20% for three to six years, 30% for six to nine years, and 40% for nine years or more (Tenn. Code Ann. § 31-4-101). The spouse also receives exempt property of up to $50,000, a year's support allowance, and homestead (Tenn. Code Ann. §§ 30-2-101, 30-2-102, 30-2-201).

Homestead

No special restriction on devising a homestead by will. The surviving spouse (or minor children) is entitled to a homestead interest exempt from creditors (Tenn. Code Ann. §§ 26-2-301, 30-2-201; Tenn. Const. art. XI, § 11).

If you die without a will in Tennessee

If you die without a will in Tennessee, your spouse takes everything if you leave no children or descendants. If you leave children, the spouse takes a child's share but never less than one-third, and the children share the rest (Tenn. Code Ann. § 31-2-104). With no spouse, everything passes to descendants, then parents, then siblings. More on intestacy.

Other estate-planning documents in Tennessee

• Durable financial power of attorney: Tenn. Code Ann. § 34-6-101 et seq. (Uniform Durable Power of Attorney Act; statutory powers at § 34-6-109). Tennessee's statute requires only a writing signed by the principal containing durability language (Tenn. Code Ann. § 34-6-102). Because banks and registers of deeds expect it, sign before a notary public and two adult witnesses who are not the attorney in fact. A notarized power must be recorded with the register of deeds before it is used for real estate (Tenn. Code Ann. § 66-24-101).
• Advance healthcare directive: Tenn. Code Ann. § 68-11-1801 et seq. (Tennessee Health Care Decisions Act); optional Department of Health forms. An advance directive for health care must be signed by the principal and either signed by two adult witnesses or acknowledged before a notary public (Tenn. Code Ann. § 68-11-1803(b)). A witness may not be the appointed agent or the principal's health care provider or an employee of the provider, and at least one witness must be neither related to the principal by blood, marriage or adoption nor entitled to any part of the estate (Tenn. Code Ann. § 68-11-1803). The Department of Health forms are optional.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (Tenn. Code Ann. § 32-3-115).

Tennessee notes

• Tennessee is not a community property state, but married couples may opt in by creating a Tennessee community property trust (Tenn. Code Ann. § 35-17-101 et seq.); only your half of such property passes under your will.
• Tennessee recognizes holographic wills whose signature and material provisions are in the testator's handwriting, proved by two witnesses to the handwriting (Tenn. Code Ann. § 32-1-105); a typed, witnessed will is far easier to prove.

Frequently asked questions

How many witnesses does a will need in Tennessee?

Tennessee requires 2 witnesses (Tenn. Code Ann. § 32-1-104). Two witnesses. The testator must signify to the attesting witnesses that the instrument is the testator's will and sign it (or acknowledge a prior signature or have another sign) in the presence of at least two attesting witnesses who are present at the same time; the witnesses must then sign in the presence of the testator and of each other (Tenn. Code Ann. § 32-1-104). Use adult witnesses who take nothing under the will: a gift to an attesting witness (or the witness's spouse) is void unless the will is also attested by two other disinterested witnesses, although the interested witness may still take what he or she would have received by intestacy (Tenn. Code Ann. § 32-1-103). Everyone must be together for the signing; sign in one sitting.

Does a will need to be notarized in Tennessee?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Tennessee have a self-proving affidavit?

Yes (Tenn. Code Ann. § 32-2-110). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Tennessee?

Yes, Tennessee recognizes holographic wills under certain conditions, but a typed, witnessed will is far safer and is what this service produces.

Can I disinherit my spouse in Tennessee?

A surviving spouse cannot be completely disinherited. The spouse may elect to take a percentage of the net estate that rises with the length of the marriage: 10% if married less than three years, 20% for three to six years, 30% for six to nine years, and 40% for nine years or more (Tenn. Code Ann. § 31-4-101). The spouse also receives exempt property of up to $50,000, a year's support allowance, and homestead (Tenn. Code Ann. §§ 30-2-101, 30-2-102, 30-2-201).

What happens if I die without a will in Tennessee?

If you die without a will in Tennessee, your spouse takes everything if you leave no children or descendants. If you leave children, the spouse takes a child's share but never less than one-third, and the children share the rest (Tenn. Code Ann. § 31-2-104). With no spouse, everything passes to descendants, then parents, then siblings.

Is a no-contest clause enforceable in Tennessee?

Tennessee enforces no-contest clauses, but the Tennessee Supreme Court has held that a contest brought in good faith and with probable cause does not trigger forfeiture (Winningham v. Winningham, 966 S.W.2d 48 (Tenn. 1998)).

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.