Tennessee: Will Execution Requirements
The short answer
To sign a valid will in Tennessee you must be at least 18 and of sound mind, put the will in writing, and sign it yourself (or have someone sign for you in your presence and at your direction). Two witnesses must watch you sign or acknowledge the will and then sign it themselves both in your presence and in each other's presence. Notarization is not required — an optional self-proving affidavit just speeds up probate. Tennessee also accepts a handwritten (holographic) will whose material terms and signature are all in your own hand, but it has no electronic-will law and no 'harmless-error' rule, so a will that misses these steps is invalid (though Tennessee will honor a will that was valid where you signed it).
Ask Ezel about your situation
This is the general rule in Tennessee. Ezel applies current Tennessee law to your specific facts and answers with citations to the statutes.
| Governing law | Tenn. Code Ann. Title 32, ch. 1: § 32-1-102 (capacity), § 32-1-103 (witnesses / interested witness), § 32-1-104 (execution of an attested will), § 32-1-105 (holographic), § 32-1-106 (nuncupative), § 32-1-107 (out-of-state wills); self-proving affidavit at § 32-2-110. Tennessee follows the common-law attested-will model; it is not a notarial-will or electronic-wills state and has no harmless-error statute. § 32-1-104 was last amended in 2016 (ch. 843) |
|---|---|
| Minimum age & capacity | 'Any person of sound mind eighteen (18) years of age or older may make a will' (§ 32-1-102). A flat age of 18 — Tennessee has no marriage or military exception for minors. 'Sound mind' is the ordinary testamentary-capacity standard (understanding the act, one's property, and the natural objects of one's bounty) |
| Writing & signature | Must be a signed writing. The testator either signs, acknowledges a signature already made, or 'at the testator's direction and in the testator's presence' has someone else sign the testator's name (§ 32-1-104(a)(1)). No statutory rule that the signature appear at the end |
| Witnesses required | Two witnesses (§ 32-1-104(a)). The testator must signify to the witnesses that the document is the testator's will and sign/acknowledge/direct in the presence of both; the witnesses must then sign 'in the presence of the testator; and in the presence of each other' (§ 32-1-104(a)(2)) — a stricter mutual-presence rule than the relaxed 'reasonable time' UPC states. Any competent person may witness (§ 32-1-103(a)). An interested witness does NOT void the will, but forfeits the part of any gift exceeding what they would have taken in intestacy, unless two disinterested witnesses also signed (§ 32-1-103(b)) |
| Notarization & self-proving | Notarization is NOT required to make a will valid — a notary is not a witness. Tennessee offers an optional self-proving affidavit: the attesting witnesses may swear before 'any officer authorized to administer oaths' to the facts they would testify to, written on or attached to the will, and it is accepted by the probate court 'when the will is not contested' (§ 32-2-110). There is no 'notarized will' alternative to witnesses |
| Handwritten (holographic) wills | Yes. 'No witness to a holographic will is necessary, but the signature and all its material provisions must be in the handwriting of the testator and the testator's handwriting must be proved by two (2) witnesses' (§ 32-1-105). Material-provisions test (not 'wholly handwritten'); the statute states no date requirement |
| Electronic & remote wills | Not permitted. Tennessee has not adopted the Uniform Electronic Wills Act or any electronic/remote-witnessing statute, and § 32-1-104 requires the witnesses to sign in the physical presence of the testator and of each other. A will signed only electronically, or witnessed only by live video, is not a valid Tennessee will |
| Harmless-error / curative doctrine | No. Tennessee is a strict-compliance state with no general harmless-error or substantial-compliance statute; a will that misses § 32-1-104's formalities is invalid. One narrow, closed saver: § 32-1-104(b) lets witness signatures on an affidavit count as signatures to the will, but ONLY for wills executed before July 1, 2016, and it still requires the testator to have signed. A will valid where it was executed, or under the testator's domicile law, is honored (§ 32-1-107) |
Compare this rule across all 50 states + DC →
Requirements one by one
Governing law
Tennessee's will-execution rules are in the Tennessee Code, Title 32, Chapter 1.
Section 32-1-102 says who may make a will; § 32-1-104 sets the writing, signature, and
witness rules for an ordinary (attested) will; § 32-1-105 covers handwritten
(holographic) wills; § 32-1-103 handles who may witness and the effect of a witness who
also inherits; and § 32-1-107 honors wills validly signed in another state. Tennessee
uses the traditional common-law attested will — a written document signed before two
witnesses. It is not a civil-law "notarial will" state, it has not adopted electronic
wills, and it has no harmless-error rule to excuse a botched signing. The core execution
section was last amended in 2016.
Minimum age & capacity
To make a Tennessee will you must be "of sound mind eighteen (18) years of age or older"
(§ 32-1-102). The age floor is a flat 18 — unlike Texas and some other states, Tennessee
gives no exception for a married minor or a minor in military service. "Sound mind" is
the ordinary testamentary-capacity standard: at the time of signing you understand that
you are making a will, know in a general way what you own, and know the people who would
normally inherit from you.
Writing & signature
The will must be a signed writing (§ 32-1-104(a)). You can meet the signature step three
ways: sign the will yourself; acknowledge a signature you already made; or, if you cannot
sign, direct another person to sign your name "in the testator's presence"
(§ 32-1-104(a)(1)). Whichever way you sign, it must be done in front of the two
witnesses. Tennessee has no rule that the signature appear at the very end of the
document.
Witnesses required
An attested Tennessee will needs two witnesses, and the presence rules are stricter than
in many states. First, you must "signify to the attesting witnesses that the instrument
is the testator's will" and then sign, acknowledge, or direct a signature "in the
presence of two (2) or more attesting witnesses" (§ 32-1-104(a)(1)). Second — the part
people miss — "the attesting witnesses must sign … in the presence of the testator; and
in the presence of each other" (§ 32-1-104(a)(2)). So all three people are together for
the signing: Tennessee does not let a witness sign later or out of the others' sight, the
way the looser "reasonable time" Uniform Probate Code states do. Any person competent to
testify may serve as a witness (§ 32-1-103(a)).
Notarization & self-proving
A Tennessee will does not have to be notarized to be valid — a notary is not one of the
two required witnesses. What notarization powers is the optional self-proving affidavit.
Under § 32-2-110 the attesting witnesses may swear an affidavit "before any officer
authorized to administer oaths," written on the will or on paper attached to it, stating
the facts they would testify to. When the will is not contested, that sworn statement "shall
be accepted by the court of probate … as if it had been taken before the court" — so the
witnesses do not have to be tracked down and brought in to testify. The affidavit is a
convenience, not a validity requirement; skipping it does not make the will invalid.
Handwritten (holographic) wills
Tennessee recognizes holographic wills: "No witness to a holographic will is necessary,
but the signature and all its material provisions must be in the handwriting of the
testator" (§ 32-1-105). Two conditions come with that freedom. The material provisions
and the signature must be in your own handwriting — a printed form with handwritten
blanks generally does not qualify. And after your death, "the testator's handwriting must
be proved by two (2) witnesses" — meaning two people who can identify your handwriting,
which is different from two people who watched you sign. The statute sets no date
requirement.
Electronic & remote wills
Tennessee does not permit electronic or remotely-witnessed wills. It has not enacted the
Uniform Electronic Wills Act or any e-will statute, and § 32-1-104 still requires the
witnesses to sign "in the presence of the testator" and "in the presence of each other."
Courts have read that as physical presence, so a will that exists only as a computer file,
that is "signed" electronically, or that is witnessed only over live video is not a valid
Tennessee will.
Harmless-error / curative doctrine
Tennessee is a strict-compliance state. There is no general harmless-error or
substantial-compliance statute, so a will that misses a formality in § 32-1-104 — for
example, witnesses who did not sign in each other's presence — is invalid, no matter how
clearly it reflects the testator's wishes. There is one narrow, and now closed, exception:
§ 32-1-104(b) lets witnesses' signatures on a self-proving-style affidavit count as
signatures to the will, but only for wills executed before July 1, 2016, and even then the
testator must actually have signed. The broader saver is § 32-1-107: a will validly
executed under the law of the state where it was signed, or where the testator lived, is
honored in Tennessee even if it would not satisfy § 32-1-104.
What trips people up
The witnesses have to sign together — and in front of you. Tennessee's rule is
stricter than most: § 32-1-104(a)(2) requires the witnesses to sign "in the presence of
the testator; and in the presence of each other." A common mistake is signing the will,
then carrying it to two witnesses separately for their signatures. Because Tennessee has
no harmless-error rule, that gap can invalidate the whole will. Have both witnesses in the
room together when they sign.
A notary is not a substitute for witnesses. Signing a will only in front of a notary
does not satisfy § 32-1-104 — you still need two witnesses. The notary matters only for
the optional self-proving affidavit under § 32-2-110, which rides on top of a will that
was already witnessed correctly.
Leaving a gift to a witness can shrink the gift. If a beneficiary also signs as a
witness, § 32-1-103(b) does not void the will, but the interested witness forfeits
whatever the gift gives them beyond what they would have inherited had there been no will
— unless two other, disinterested witnesses also signed. The clean fix is to use two
witnesses who inherit nothing.
A "holographic" will still needs proof after you die. An unwitnessed handwritten will
is valid, but § 32-1-105 requires two people to later prove the handwriting is yours. If
no one can identify your handwriting, the will can fail for lack of proof even though it
was validly made — another reason a witnessed will is safer.
Common questions
Does my Tennessee will have to be notarized? No. Tennessee requires two witnesses, not
a notary (§ 32-1-104). Notarizing the optional self-proving affidavit (§ 32-2-110) just
lets the will be admitted to probate without calling the witnesses to testify; it is not
required for the will to be valid.
Can I write my Tennessee will by hand? Yes. A holographic will needs no witnesses if
its signature and all material provisions are in your own handwriting (§ 32-1-105). But
save yourself the risk: after your death two people must be able to prove the handwriting
is yours, and a printed form filled in by hand usually will not qualify.
Can my two witnesses sign the will later, at home? No. Section 32-1-104(a)(2) requires
the witnesses to sign in your presence and in each other's presence. Tennessee has no
"reasonable time" allowance and no harmless-error rule, so signatures collected separately
afterward can void the will.
Is there such a thing as a spoken (oral) will in Tennessee? Only in a very narrow
emergency. A nuncupative (oral) will works only for someone "in imminent peril of death"
who then dies from it, must be declared before two disinterested witnesses and written
down within 30 days, and can pass at most $1,000 of personal property ($10,000 for someone
in wartime military service) (§ 32-1-106). It is not a substitute for a written will.
Statutes and sources
- Tenn. Code Ann. § 32-1-102 — capacity: any person of sound mind 18 or older may make a will.
https://codes.findlaw.com/tn/title-32-wills/tn-code-sect-32-1-102/ (accessed 2026-07-11) - Tenn. Code Ann. § 32-1-103 — who may witness; an interested witness forfeits a gift's excess over their intestate share unless two disinterested witnesses also sign.
https://codes.findlaw.com/tn/title-32-wills/tn-code-sect-32-1-103/ (accessed 2026-07-11) - Tenn. Code Ann. § 32-1-104 — core execution rule: testator signs/acknowledges/directs before two witnesses, who sign in the presence of the testator and of each other.
https://codes.findlaw.com/tn/title-32-wills/tn-code-sect-32-1-104/ (accessed 2026-07-11) - Tenn. Code Ann. § 32-1-105 — holographic wills: signature and all material provisions in the testator's handwriting, proved by two witnesses.
https://codes.findlaw.com/tn/title-32-wills/tn-code-sect-32-1-105/ (accessed 2026-07-11) - Tenn. Code Ann. § 32-1-106 — nuncupative (oral) wills: narrow imminent-peril exception, $1,000 personal-property cap ($10,000 wartime military).
https://codes.findlaw.com/tn/title-32-wills/tn-code-sect-32-1-106/ (accessed 2026-07-11) - Tenn. Code Ann. § 32-1-107 — a will validly executed where signed or under the testator's domicile law is honored in Tennessee.
https://codes.findlaw.com/tn/title-32-wills/tn-code-sect-32-1-107/ (accessed 2026-07-11) - Tenn. Code Ann. § 32-2-110 — optional self-proving affidavit sworn before an officer authorized to administer oaths; accepted by the probate court when the will is uncontested.
https://law.justia.com/codes/tennessee/title-32/chapter-2/section-32-2-110/ (accessed 2026-07-11)
Source links
Every statute quoted above, linked, with the date we checked it.
Get the answer for your situation
You just read how Tennessee handles this in general. Ezel applies current Tennessee law to your facts and answers your specific question, with citations.
Opens in Ezel Pro. Every answer cites the authority it relies on.