Tennessee Will Requirements: Two Witnesses & Holographic Wills

A standard Tennessee will must be in writing, signed by the testator, and attested by at least two witnesses who sign in the testator's presence (T.C.A. § 32-1-104). Tennessee also recognizes holographic wills — valid without witnesses if the signature and all material provisions are in the testator's own handwriting (T.C.A. § 32-1-105). Oral (nuncupative) wills are allowed only in very limited deathbed circumstances (T.C.A. § 32-1-106).

This is general information, not legal advice. Talk to a Tennessee attorney about how these rules apply to your situation.

A will is the document that says who gets your property and who will wind up your estate. Tennessee gives you more than one valid way to make one.

What makes a standard Tennessee will valid

Under T.C.A. § 32-1-104, a standard (attested) will must be:

In writing.
Signed by the testator.
Attested by at least two witnesses who sign in the testator’s presence.

This is the most reliable form, because the witnesses can confirm the will was properly signed.

Holographic (handwritten) wills

Tennessee also recognizes holographic wills (T.C.A. § 32-1-105). A handwritten will can be valid even without witnesses if the signature and all material provisions are in the testator’s own handwriting. These can hold up, but they’re easy to get wrong — courts may have to sort out what counts as “material.”

Oral (nuncupative) wills

Tennessee allows oral wills only in very limited deathbed circumstances, and only for limited personal property (T.C.A. § 32-1-106). They are rare and easy to challenge.

A will doesn’t avoid probate

A will directs distribution, but the estate may still go through the probate process. To keep assets out of probate, see how to avoid probate and living trusts. To get matched with a local Tennessee estate-planning attorney, connect with a lawyer.

Frequently asked questions

How many witnesses does a Tennessee will need?

A standard attested will must be in writing, signed by the testator, and attested by at least two witnesses who sign in the testator's presence (T.C.A. § 32-1-104).

Is a handwritten will valid in Tennessee?

Yes. Tennessee recognizes holographic wills. A handwritten will can be valid even without witnesses if the signature and all material provisions are in the testator's own handwriting (T.C.A. § 32-1-105).

Are oral wills allowed in Tennessee?

Only in very limited deathbed circumstances, and only for limited personal property (T.C.A. § 32-1-106). Nuncupative wills are rare and easy to challenge.

Related guides

Avoiding Probate in Tennessee Several assets pass outside probate in Tennessee: beneficiary designations, payable-on-death/transfer-on-death accounts, joint tenancy with right of survivorship, and a funded revocable trust. Unlike some states, Tennessee has historically not allowed a transfer-on-death (beneficiary) deed for real estate — an area to confirm with a current attorney, as it has been the subject of recent legislation.

Tennessee Advance Directives & Living Wills Tennessee lets you plan for medical decisions through the Tennessee Health Care Decisions Act (T.C.A. § 68-11-1801 et seq.) — an advance directive and the appointment of a health-care agent — and through a living will under the Tennessee Right to Natural Death Act (T.C.A. § 32-11-101 et seq.), which directs whether life-sustaining procedures are used.

Tennessee Intestate Succession: Dying Without a Will If you die without a will, Tennessee's intestacy rules apply (T.C.A. § 31-2-104). If you leave surviving descendants, your spouse takes a child's share but not less than one-third (1/3) of the estate; if you leave no descendants, the spouse takes the entire estate. So with one child the spouse takes 1/2; with two or more children the spouse takes 1/3.

Tennessee Living Trusts: How They Work Trusts in Tennessee are governed by the Tennessee Uniform Trust Code (T.C.A. Title 35, Chapter 15). A revocable living trust (§ 35-15-602) can be amended or revoked by the settlor, and — if it is funded — lets the assets it holds pass outside probate. A trust only avoids probate for property actually transferred into it during your life.

Tennessee Power of Attorney: Durable POAs Explained Under the Tennessee Uniform Durable Power of Attorney Act (T.C.A. § 34-6-101 et seq.), a power of attorney is durable — surviving the principal's later incapacity — only if it contains durability language showing that intent, such as 'This power of attorney shall not be affected by subsequent disability or incapacity of the principal' (T.C.A. § 34-6-102). Without that language, the agent's authority ends if the principal becomes incapacitated.

Tennessee Wills: Requirements & How They Work