Tennessee Last Will and Testament
Generate a last will and testament tailored to Tennessee law. Our AI incorporates TN-specific statutory requirements, disclosure obligations, and legal standards into every document.
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Tennessee Legal Requirements
Key TN statutes and obligations that apply to your last will and testament.
Requirements
- Testator must be 18+ or legally emancipated (TCA § 32-1-102)
- Testator must be of sound mind and not acting under undue influence
- Will must be signed by the testator (or another at testator's direction in testator's presence)
- Two witnesses must sign the will — they must witness the testator's signing
- Witnesses should not be beneficiaries
- Self-proving affidavit available if will is notarized — simplifies probate (TCA § 32-2-110)
Restrictions & Limits
- Holographic (handwritten, unwitnessed) wills are valid in Tennessee if entirely in testator's handwriting and signed (TCA § 32-1-105)
- Spouse has elective share rights — may claim a portion of the estate regardless of the will (TCA § 31-4-101)
- A will cannot override beneficiary designations on retirement accounts or life insurance
Official Statute References
Primary Tennessee statutes governing this document type.
Tennessee Last Will and Testament FAQ
Common questions about last will and testaments under Tennessee law.
Are handwritten wills valid in Tennessee?
Yes. Tennessee recognizes holographic wills under TCA § 32-1-105. A holographic will must be entirely in the testator's handwriting and signed. No witnesses are required. However, typed wills with two witnesses are more reliable and less vulnerable to challenge.
What is Tennessee's probate process for wills?
Wills are probated in the Chancery or Circuit Court of the county where the decedent lived. The executor files the will, pays a filing fee, and is appointed by the court. Tennessee offers simplified procedures for small estates (under $50,000 in personal property) through a small estate affidavit.
Does Tennessee have an estate tax?
No. Tennessee eliminated its state estate tax (formerly called the inheritance tax) effective January 1, 2016. Tennessee residents are only subject to the federal estate tax. The federal exemption is $13.61 million per individual (2024). This makes Tennessee attractive for estate planning.
What is the spousal elective share in Tennessee?
Under TCA § 31-4-101, a surviving spouse can elect against the will and claim their elective share. The share depends on the length of the marriage — ranging from 10% for marriages under 3 years to up to 40% for marriages over 12 years. The election must be filed within 9 months of death.
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Last Will and Testament by State
Laws vary significantly by state. Find the right form for your location.
Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.