Tennessee wills
How to make a will in Tennessee
What Tennessee law requires for a valid will, how to sign it, and whether you can sign online. Updated for 2026.
Tennessee will requirements at a glance
| Who can make a will | Anyone 18 or older and of sound mind |
|---|---|
| Witnesses | Two adult witnesses |
| Notary instead of witnesses | No |
| A beneficiary as witness | Don't use one (see below) |
| Handwritten (holographic) wills | Valid |
| Self-proving affidavit | Available |
| Electronic wills | Not allowed |
| Witnesses by live video | No; witnesses must be present |
| Online notarization for wills | Not clearly allowed |
| File your will with the court while living | Available |
| State estate or inheritance tax | None |
How to sign a will in Tennessee
- Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
- Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
- Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch.
- Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (Tenn. Code 32-2-110 (affidavit of attesting witnesses before an officer authorized to administer oaths, written on or attached to the will; accepted without live testimony if uncontested))
- Store the original safely and tell your executor where it is. Tennessee also lets you deposit your will with the probate court for safekeeping.
Who can make a will
Anyone 18 or older and of sound mind.
Witness rules
The testator signs, or acknowledges a prior signature, in the presence of at least two witnesses and indicates to them that the document is the testator's will. The witnesses sign in the testator's presence and in each other's presence (Tenn. Code 32-1-104(a)).
If a witness inherits: The will stays valid, but unless two disinterested witnesses also attest, the interested witness forfeits whatever exceeds their intestate share (Tenn. Code 32-1-103).
Handwritten wills
Signature and all material provisions in the testator's handwriting; no witnesses needed, but two witnesses must prove the handwriting at probate (Tenn. Code 32-1-105).
Self-proving affidavit
Tennessee lets you and your witnesses sign a self-proving affidavit, so the court can accept your will without contacting your witnesses. (Tenn. Code 32-2-110 (affidavit of attesting witnesses before an officer authorized to administer oaths, written on or attached to the will; accepted without live testimony if uncontested))
Can I sign my will online in Tennessee?
No. No Tennessee electronic-wills or remote-witnessing statute was found.
Print your will and sign it on paper with your witnesses in the same room.
Online notarization: The online-notary law does not address wills. Witnesses must sign in the presence of the testator and each other, and no authority confirms an online-notarized 32-2-110 affidavit. (Tenn. Code 8-16-301 to 8-16-313 (Pub. Ch. 931 of 2018), effective 2019-07-01)
Good to know in Tennessee
A living testator can deposit a sealed will with the county probate court for $5, if the clerk has a secure vault or safe (Tenn. Code 32-1-112). Statute text was read from FindLaw, current as of Jan. 2, 2024; 2024-2026 amendments could not be checked against the official code (LexisNexis), though secondary sources show no change to these sections.
Estate and inheritance taxes
Tennessee has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Tennessee will questions
Does a will need to be notarized in Tennessee?
No. Two witnesses make a Tennessee will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.
Are handwritten wills legal in Tennessee?
Signature and all material provisions in the testator's handwriting; no witnesses needed, but two witnesses must prove the handwriting at probate (Tenn. Code 32-1-105).
Can a beneficiary witness a will in Tennessee?
The will stays valid, but unless two disinterested witnesses also attest, the interested witness forfeits whatever exceeds their intestate share (Tenn. Code 32-1-103).
Can I make a will online in Tennessee?
You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. Tennessee doesn't allow electronic wills, so the will must be signed on paper.
Does Tennessee have an estate or inheritance tax?
Tennessee has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Sources
Last reviewed October 24, 2026 against Tennessee statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a Tennessee attorney.
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