How to Make a Will in Tennessee: A Lawyer's Step-by-Step Guide to the Statute, the Types of Wills, and the Cost

The question arrives in our Nashville office in some version every week. A young couple just had their first child and realized the guardianship is on a Post-it note. A new Tennessee resident bought a will in Florida ten years ago and wants to know whether it still works. A retired widow is looking at a stack of online templates and trying to decide whether the lawyer down the road is worth the difference. Each is asking the same question. How do I make a will in Tennessee that will hold up. The honest answer is that Tennessee's rules are unusual in a few specific ways, that the difference between a will that survives probate and one that does not is mostly about execution, and that the cost of doing it right is lower than most families assume.

This article covers what a Tennessee will does and what it cannot do, the requirements set by Tenn. Code §32-1-102 through §32-1-105, the types of wills Tennessee recognizes, whether a Tennessee adult can write a will without a lawyer, the realistic cost of a Tennessee will in 2026, the seven steps that produce a valid Tennessee will, where to store the original, what filing with the court looks like after death, and the events that should trigger an update. Tennessee statute citations are included.

How to make a will in Tennessee: a short answer.

To make a will in Tennessee, you must be 18 years of age or older and of sound mind under Tenn. Code §32-1-102. You must make the will in writing and sign the will in the presence of two competent witnesses present together. The two witnesses must sign the will in the presence of the testator and in the presence of each other under Tenn. Code §32-1-104. Tennessee also allows a holographic (handwritten) will under Tenn. Code §32-1-105 if the signature and material provisions are in the testator's own handwriting. Tennessee does not require a will to be notarized. A self-proving affidavit before a notary under Tenn. Code §32-2-110 lets the Tennessee will be admitted to probate without the witnesses appearing in court. Tennessee does not require an attorney to make a will.

That paragraph is the answer to the search. The rest of the article is the substance behind it.

The seven Tennessee will steps, in one line each

1. Inventory your assets and how each one is titled.
2. Decide who inherits what, and name contingent beneficiaries.
3. Choose an executor and a backup executor.
4. Name a guardian for any minor children.
5. Draft the language, either with an attorney or with a Tennessee-compliant template.
6. Sign in front of two competent witnesses, and add a self-proving affidavit before a notary.
7. Store the signed original somewhere safe and tell your executor where it is.

The article walks through each of these steps and the Tennessee statutes that drive them.

What a Tennessee will does and what it cannot do

A Tennessee will is a written, signed legal document, executed under Tenn. Code §32-1-104, that directs the distribution of your probate assets after death and names the people who will act for your estate and for your minor children. The will takes effect only at death. It is filed with the clerk of the appropriate Tennessee county probate court when the testator dies, and the estate is administered under court supervision.

What only a Tennessee will can do

Five jobs belong to the will and to nothing else. A will nominates a guardian for a minor child, and a revocable living trust cannot do this. A will names the executor, also called the personal representative under Tenn. Code §30-1-106, who opens the estate with the probate court, gives notice to creditors, files the inventory, and closes the estate. A will captures the residue through a catch-all clause that directs everything not specifically devised. Without a residuary clause, leftover assets pass under Tennessee intestate succession at Tenn. Code §31-1-101 et seq. A will disinherits a child expressly if you intend to. And a will can create a testamentary trust for a minor or special-needs heir, funded at death from the probate estate.

What a Tennessee will does not control

A will does not override a beneficiary designation. A life insurance policy, a 401(k), an IRA, a TOD brokerage account, and a POD bank account pass to whoever is named on the beneficiary line, regardless of the will. A will does not control assets held in joint tenancy with right of survivorship, which pass directly to the survivor. A will does not control assets held in a funded revocable living trust, which pass under the trust agreement. A will does not avoid Tennessee probate, and the planning tool for probate avoidance is a funded revocable trust, joint title, or beneficiary designations. See our companion piece on will vs trust in Tennessee. A will does not save federal estate tax, although for most Tennessee families the federal exemption at approximately $15M per individual and $30M per married couple under the One Big Beautiful Bill Act of 2025 per IRS Rev. Proc. means no federal estate tax is owed in any event, and Tennessee has no separate state estate tax. And a will does nothing during your lifetime, which is why a durable financial power of attorney and a revocable trust are the tools for incapacity.

Tennessee will requirements, the statute in plain English

Tennessee will requirements live in Tenn. Code Title 32, Chapter 1. Four statutes do most of the work.

Capacity, Tenn. Code §32-1-102

Any person 18 years of age or older and of sound mind may make a will in Tennessee under Tenn. Code §32-1-102. Tennessee courts define sound mind as the ability to understand the act of making a will, the nature and extent of the testator's property, and the natural objects of the testator's bounty, meaning the family members and people the testator would ordinarily consider as heirs. The Tennessee Supreme Court restated the standard in In re Estate of Smallman, 398 S.W.3d 134 (Tenn. 2013). Physical weakness, advanced age, and intermittent confusion do not, by themselves, defeat capacity. The standard is functional. Can the testator, at the moment of execution, understand what the will does and what is in it. Capacity challenges are the most common ground for a Tennessee will contest, and the cleanest defense is a careful execution ceremony with disinterested witnesses and a contemporaneous physician's note where the testator is elderly or recently ill.

Writing, signature, and two witnesses, Tenn. Code §32-1-104

A Tennessee attested will must be in writing on hard copy. Tennessee currently does not recognize electronic wills under current Tennessee Code as of 2026. Audio recordings, video recordings, and unsigned digital files are not valid Tennessee wills. The document must be paper, ink, and a wet signature.

The testator must sign the will, or acknowledge a previously made signature, in the presence of two competent witnesses present together. The two witnesses must then sign the will in the presence of the testator and in the presence of each other. All three signatures should happen in one continuous event, at one table, in one room. Tennessee witnesses should be 18 or older and mentally competent.

The interested-witness rule under Tenn. Code §32-1-103 is the most common drafting mistake in DIY Tennessee wills. A witness who is also a beneficiary is called an interested witness. An interested witness does not invalidate the entire will, but the interested witness forfeits the gift the will leaves to that witness, unless two disinterested witnesses also signed. Use witnesses who do not inherit. A neighbor, a coworker, and an unrelated friend are the safe choices.

Self-proving affidavit, Tenn. Code §32-2-110

Tennessee allows a self-proving affidavit under Tenn. Code §32-2-110. The affidavit is a separate paragraph, signed by the testator and the two witnesses in front of a notary public, stating that the testator declared the document to be the testator's will, signed it in the presence of the witnesses, and that the witnesses signed in the presence of the testator and each other. The affidavit can be signed at the same time as the will or later.

A self-proving affidavit is not required for a Tennessee will to be valid, but it is required in practice for a smooth probate. Without the affidavit, the executor must locate the two witnesses after the testator's death and have each one testify before the probate court. With the affidavit, the will is admitted to probate without that step. We add a self-proving affidavit to every Tennessee will we draft.

Holographic wills, Tenn. Code §32-1-105

Tennessee recognizes a holographic will under Tenn. Code §32-1-105 when the signature and all material provisions are in the testator's own handwriting. The holographic will does not require witnesses at signing, but two people who knew the testator's handwriting must testify at probate. Holographic wills are the riskiest Tennessee will format. A pre-printed form with handwritten blanks is generally not a valid holographic will, because the material provisions are not entirely in the testator's hand. We do not recommend holographic wills as a planning tool.

Nuncupative (oral) wills, Tenn. Code §32-1-106

Tennessee recognizes a nuncupative, or oral, will only in a narrow emergency. The testator must be in imminent peril of death, must die from that peril, and must declare the will in front of two disinterested witnesses. One witness must reduce the declaration to writing within 30 days, and the writing must be submitted to probate within six months. A nuncupative will can dispose only of personal property up to $1,000, increased to $10,000 for active military per Tenn. Code §32-1-106, cannot dispose of real estate, and cannot revoke or amend an existing written will. Almost no Tennessee family will ever use one.

Types of wills recognized in Tennessee

The 880 monthly searches for "types of wills" suggest most Tennessee adults are not sure what category their document falls into. Six types matter in Tennessee.

Simple will. A typed, attested document that names the executor, names the beneficiaries, distributes the residuary estate, names a guardian for minor children, and includes a self-proving affidavit. A Tennessee simple will, drafted well, is a complete plan for a family without minor-children's trusts, complex tax planning, or a blended household.

Testamentary trust will. A trust created inside the will itself, funded only at death. The trust is most commonly used to hold a minor child's inheritance until the child reaches a stated age, often 25 or 30. Simpler than a stand-alone revocable trust, less powerful during life, and a real tool for families whose only concern is what happens after death.

Pour-over will. The partner document to a revocable living trust. The will pours any asset still in the testator's individual name at death into the revocable trust. Every Tennessee family that uses a revocable trust also needs a pour-over will. For more, see our companion piece on will vs trust in Tennessee.

Joint and mutual wills. A joint will is a single document signed by two people that purports to bind both estates. Mutual wills are two separate documents with identical terms. Tennessee courts disfavor both because they create contract-like obligations hard to modify when one spouse dies and the survivor's circumstances change. We do not recommend them. Two separate Tennessee wills with similar terms achieve the same result without the rigidity.

Holographic will. The handwritten will, covered above. Recognized in Tennessee under §32-1-105, valid in narrow cases, not recommended as a planning tool.

Living will. This is the most common point of confusion. A living will is not a last will and testament. A living will is an advance directive for healthcare, used to state preferences for end-of-life medical care if you cannot speak for yourself. For the Tennessee version, see our healthcare directives page. If you searched for "Tennessee will" and what you actually need is a healthcare document, the living will is the one you want.

Can you make a will without a lawyer in Tennessee?

Yes. Tennessee law does not require an attorney to draft a will. Any adult of sound mind can write a Tennessee will under Tenn. Code §32-1-102, sign it under §32-1-104, and have it admitted to probate after death. The practical answer is longer.

Where DIY breaks: the four common Tennessee mistakes

The first is improper execution. The testator signs without two witnesses present together, or the witnesses sign on different days, or a beneficiary signs as a witness under §32-1-103. The interested-witness rule is the single most common mistake, because the testator does not realize the spouse who signed as a witness will lose the inheritance.

The second is a missing self-proving affidavit. The will is technically valid, but the executor has to track down witnesses years later to prove the signing. Witnesses move, change names, and sometimes pass away before the testator. The affidavit avoids all of it.

The third is unclear language. Online templates use generic phrasing that often does not match how a Tennessee family actually owns its assets. A devise of "my home" can fail if the home is titled in a trust or held jointly. A bequest of "my brokerage account" can fail if the account has a beneficiary designation that overrides the will. The result is a partial intestacy under Tenn. Code §31-1-101.

The fourth is missing the contingent beneficiary. A primary who predeceases the testator without a named alternate produces a gift that falls into the residue or lapses entirely.

When a Tennessee attorney is worth the money

Six family fact patterns put the attorney's flat fee in the savings column over a lifetime. A blended family, where step-children, ex-spouses, and second marriages create competing claims that a generic template does not anticipate. Minor children, where the guardian nomination, the testamentary trust, and the coordination with life insurance beneficiary designations all require careful drafting. A closely held business interest, which needs a continuity plan, an operating agreement coordination, and a buy-sell linkage. Real estate in more than one state, which runs through ancillary probate if titled individually and is better placed in a revocable trust with a pour-over will. A special-needs beneficiary, where an outright inheritance can disqualify the heir from TennCare or SSI and a special-needs trust preserves both. And a likely contest, where a disinherited child, a former spouse, or a hostile sibling may challenge the will under Tenn. Code §32-4-101. An attorney-drafted Tennessee will with a careful execution ceremony is the cleanest defense. For the deeper look at when DIY is a real option, see our will planning page.

Online will services in Tennessee, what they handle and what they miss

Online will services produce a typed will that, properly signed, is a valid Tennessee will. They work for a Tennessee adult with a simple estate, no minor children, no real estate, and one or two clear heirs. They miss four things. They do not coordinate the will with beneficiary designations on retirement accounts. They do not handle Tennessee-specific issues like the elective share under Tenn. Code §31-4-101 or the small-estate threshold under §30-4-103. They generally do not include a self-proving affidavit compliant with Tenn. Code §32-2-110. And they produce one document in isolation, where most Tennessee adults also need a financial power of attorney, a healthcare power of attorney, and an advance directive. The honest comparison is not "online service vs attorney." It is "online service plus four DIY steps you may not realize you need, vs attorney who handles all of it in one engagement."

How much a will costs in Tennessee

The cost of a Tennessee will in 2026 falls into three honest ranges.

Online will services: $30 to $200. A typed Tennessee-compliant will from an online service runs in this range depending on whether the service includes powers of attorney, a healthcare directive, and a HIPAA release. Quicken WillMaker, FreeWill, and Trust & Will all sit here. The price is real, and the limitations described above are also real.

Attorney-drafted Tennessee will, basic: $300 to $1,000. A Lancaster Law attorney-drafted basic will package runs in this range per Lancaster Law fee schedule and third-party Tennessee market reporting. The package typically includes the will, a financial power of attorney, a healthcare power of attorney, an advance directive, a HIPAA release, and the self-proving affidavit. Blended family, closely held business, or a special-needs beneficiary add time.

Attorney-drafted will paired with a revocable trust: $1,500 and up. For a Tennessee family that also wants a revocable living trust to avoid probate on the home and the brokerage account, the combined package runs in this range. It includes the pour-over will, the trust, the powers of attorney, the healthcare documents, and the initial deed transfer of the Tennessee home into the trust. We cover the will-vs-trust math in our will vs trust in Tennessee companion article.

A note on hourly billing. The Tennessee will market has settled into flat-fee pricing. The work is predictable, the document set is standardized, and the client should know the price before signing the engagement letter. A Tennessee attorney who quotes an hourly rate for a basic will, without an estimate or a cap, is unusual. Ask for the flat fee.

How to actually make your Tennessee will, the seven steps

The seven steps below are the order we walk Tennessee clients through in a will engagement at Lancaster Law. They are the same steps you would follow with an online service, with the difference that we sit at the same table and catch the issues an online intake form cannot.

Step 1: Inventory your assets and how each one is titled

Make a list. Real estate, with the county each property sits in and the names on the deed. Bank accounts, with the institution and the joint owner if there is one. Brokerage and retirement accounts, with the beneficiary designation. Life insurance. Vehicles. Business interests. Tangible personal property of meaningful value.

Titling is the part most clients have not thought through. A bank account titled jointly with a spouse passes outside the will. A brokerage account with a TOD designation passes outside the will. A home titled in a trust passes outside the will. The will controls only what is left, which is the probate estate.

Step 2: Decide who inherits what, and name contingent beneficiaries

For each probate asset, decide who gets it. Name primary beneficiaries and at least one contingent in case the primary predeceases. Decide how the residue is divided through the residuary clause, which is where most of the estate's value usually lives. Tennessee allows specific bequests, percentage shares, and conditional gifts. The will should state what happens if everyone you name predeceases you. And if you intend to disinherit a child, say it expressly. A Tennessee child left out without an express disinheritance can argue the omission was inadvertent.

Step 3: Choose an executor and a backup executor

The executor opens the estate with the Tennessee probate court, gives notice to creditors, files the inventory, pays the debts, and distributes the assets. The job typically takes 6 to 12 months for an uncontested Tennessee estate. Choose someone reliable, organized, and willing. A spouse, an adult child, a sibling, or a close friend are the usual choices. Under Tenn. Code §30-1-106, the court grants letters testamentary to the named executor. The executor does not need to be a Tennessee resident, but a Tennessee resident makes the administration easier. Name a backup.

Step 4: Name a guardian for any minor children

For any child under 18, name a guardian. Tennessee courts will follow the nomination unless the named guardian is unfit. Without a will, the chancery court chooses. Name a backup guardian, and talk to the people you name before the will is signed.

Step 5: Draft the language

The will needs to track Tennessee statute language for the execution, the witnesses, and the self-proving affidavit. It needs to coordinate with beneficiary designations on retirement accounts, with deed titling on real estate, and with any existing trust. It needs a clear residuary clause and a clear tax-allocation clause. If you are drafting with an online service, pick a Tennessee-specific product and add the self-proving affidavit. If you are drafting with an attorney, expect a draft within a week or two of the intake meeting and a signing appointment within four to six weeks.

Step 6: Sign in front of two competent witnesses, and add a self-proving affidavit

The signing is the ceremony where the document becomes a will. The execution rules under Tenn. Code §32-1-104 are precise. Both witnesses are present at the same time. The testator signs first, or acknowledges a previously made signature. The two witnesses then sign in the presence of the testator and each other. Use disinterested witnesses.

After the will is signed, add the self-proving affidavit. The testator and the two witnesses sign the affidavit in front of a notary public under Tenn. Code §32-2-110. Tennessee's current rules on remote notarization of will self-proving affidavits should be confirmed against current Tennessee Code. For most Lancaster Law clients, we hold the signing in person.

Step 7: Store the signed original safely and tell your executor where it is

The signed original is the document admitted to probate. A copy will not do, and Tennessee law presumes a lost original was revoked. We cover storage options in the next section.

Where to store your Tennessee will

The Tennessee storage decision has four real options.

Home safe

A fireproof and waterproof home safe is the simplest option. The will is accessible, the safe protects against fire and water, and the executor can retrieve the document without delay. The risk is a locked house after death. Give the executor the combination or a key in advance.

Bank safe-deposit box

A safe-deposit box protects the will from fire, water, and theft. The disadvantage is access. A Tennessee safe-deposit box held in the testator's sole name may be sealed at death, and the executor needs a court order to open it. Title the box jointly with the executor, or use a different storage option. The University of Tennessee gift planning office warns against using a safe-deposit box for the original will for this reason. We agree.

County clerk deposit, Tenn. Code §32-1-112

Tennessee allows a testator to deposit the original will with the probate court of the testator's county of residence for safekeeping under Tenn. Code §32-1-112. The will is sealed during life, kept under court control, and opened only when the court receives a death certificate. The deposit is a clean and underused option. Tennessee counties implement the procedure slightly differently, so call the clerk's office in your county before relying on it.

Attorney safekeeping

Most Tennessee estate-planning attorneys hold the original will for clients at no additional charge. The firm has fireproof storage, procedures for retrieving the will at death, and ongoing contact with the client. Lancaster Law holds originals for clients who ask. The arrangement is convenient and low risk.

Tell your executor where the will is

Whichever option you choose, tell your executor. A will hidden too well is a will that may never be found. The single most common storage failure we see is the will the family knows existed but cannot locate after death. A short note in your kitchen drawer, a line in your letter of last instructions, or a conversation over coffee solves it.

Do you have to file a will with the court in Tennessee?

Not during your lifetime. After death, yes, in almost every case.

During your lifetime, no

A Tennessee will is a private document during the testator's life. It is not filed with any court or recorded in any public register. The exception is the optional deposit with the probate court under Tenn. Code §32-1-112 for safekeeping. Even when deposited, the will remains sealed and confidential until death.

After death, the original is filed with the probate court of the decedent's Tennessee county of residence

After death, the original will must be filed with the clerk of the probate court in the Tennessee county where the decedent resided. The executor files a petition to probate the will, the court admits the will if the formalities are met, and the executor is granted letters testamentary. Tennessee does not impose a strict statutory filing deadline in every case, but delay complicates creditor claims, real estate transfers, and access to estate accounts. We recommend filing within 30 to 60 days of death where practical.

When Tennessee probate is required, and when the small-estate affidavit is an option

Not every Tennessee estate runs through full probate. Under Tenn. Code §30-4-103, an estate consisting only of personal property worth $50,000 or less under current Tennessee Code can be administered through a small-estate affidavit. The small-estate procedure is faster, cheaper, and largely paperwork-based. It does not cover real estate. If the decedent owned a Tennessee home in the individual's name, the estate goes through full probate regardless of the personal property total. Confirm the current Tennessee small-estate amount before relying on the procedure. For a deeper look, see our pages on probate administration and probate avoidance.

What happens if no one files the will

A Tennessee will held by the family but never filed with the probate court does not transfer assets. The decedent's bank accounts remain locked, the home cannot be sold or refinanced, and creditors continue to expect payment. The right answer in almost every case is to file the original and open the estate. A will-holder who refuses to file can be compelled to produce the original under Tennessee statute.

When to update your Tennessee will

A Tennessee will is not a one-time document. Six life events should trigger a review and, in most cases, a new will or codicil.

Marriage or divorce. Tennessee law automatically affects a will under Tenn. Code §32-1-201 if you marry and then have a child after signing the will, and under §32-1-202 if you divorce after signing. The divorce statute revokes provisions that benefit the former spouse but leaves the rest intact. The automatic effects are partial and confusing. After a Tennessee marriage or divorce, sign a new will.

Birth or adoption of a child. A new child requires a new guardian nomination, a new contingent beneficiary, and often a testamentary trust to hold the inheritance until the child reaches an age you set.

A move to Tennessee from another state. A will validly executed in another state is generally honored in Tennessee, but the witness rules, the elective share under Tenn. Code §31-4-101, and the small-estate threshold differ. We review every out-of-state will for incoming Tennessee clients and replace it where the differences matter.

A major asset purchase or sale. A new home, a new business interest, or a significant inheritance can shift the planning. The new asset may change whether a revocable trust is the right tool and may require coordination with new beneficiary designations.

Death of a beneficiary or executor. When a named primary beneficiary or the named executor predeceases the testator, the will should be updated to name a new primary or to confirm the contingent.

A change in your wishes. The simplest reason. The fix is a new will or a codicil, and we generally recommend a new will rather than a codicil, because a lost codicil can produce a partial transfer no one intended.

Frequently asked questions about making a will in Tennessee

Is a will valid in Tennessee if it is not notarized? Yes. Tennessee does not require notarization. The two-witness rule under Tenn. Code §32-1-104 makes the will valid. Notarization is required only for the self-proving affidavit under §32-2-110, and the affidavit is optional but strongly recommended.

What are the requirements for a will to be valid in Tennessee? Capacity at age 18 or older with a sound mind under Tenn. Code §32-1-102, a written document on paper, the testator's signature, and the signatures of two competent witnesses present together with the testator under Tenn. Code §32-1-104. A holographic will under §32-1-105 is also valid if the signature and material provisions are entirely in the testator's handwriting.

Can you make a will without a lawyer in Tennessee? Yes. Tennessee law does not require an attorney. Tennessee adults can write their own will or use an online service. Families with minor children, real estate, blended households, business interests, or special-needs beneficiaries usually save money over a lifetime by working with a Tennessee attorney.

Is a handwritten will legal in Tennessee? Yes, under narrow conditions. A holographic will under Tenn. Code §32-1-105 is valid in Tennessee if the signature and material provisions are in the testator's own handwriting. Two people who knew the testator's handwriting must testify at probate. We do not recommend holographic wills as a planning tool.

What is the average cost of a will in Tennessee? Tennessee will costs in 2026 fall in three ranges: $30 to $200 for online services, $300 to $1,000 for an attorney-drafted basic will package, and $1,500 and up for a will paired with a revocable living trust.

Do you have to file a will with the court in Tennessee? Not during life, although the testator may deposit the will with the probate court under Tenn. Code §32-1-112 for safekeeping. After death, the original will must be filed with the probate court of the decedent's Tennessee county of residence.

What are the types of wills? Tennessee recognizes the simple will, the testamentary trust will, the pour-over will paired with a revocable trust, the joint or mutual will (disfavored), the holographic will, and the nuncupative oral will in narrow emergency circumstances. A living will is a separate advance directive for healthcare, not a last will and testament.

What is a self-proving affidavit in Tennessee? A signed and notarized paragraph attached to the will, executed under Tenn. Code §32-2-110, in which the testator and the two witnesses swear to the facts of the signing. The affidavit allows the will to be admitted to probate without the witnesses appearing in court.

How long does probate take in Tennessee? A typical uncontested Tennessee probate takes approximately 6 to 12 months. Complex or contested estates take longer.

Why the Tennessee will question rewards a short conversation with Tennessee counsel

Most Tennessee will mistakes are small drafting choices, made years before the death, revealed only at probate. The interested witness who signed without realizing the §32-1-103 rule. The handwritten codicil that does not meet §32-1-105. The original will in a safe-deposit box no one can open. The pour-over will pointing to a trust the family never funded. Each is preventable, and each costs more to fix at probate than the attorney would have charged to do it right the first time. Bring a list of what you own, who is in your family, and what matters to you. We walk through the seven steps, identify whether a will alone is the right tool or whether a revocable trust belongs in the picture, and we draft, execute, and self-prove the documents in one engagement.

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