Free Tennessee Last Will and Testament Form

A will is a document that contains the final will of its owner (testator) and decides precisely how and by whom his or her estate will be used in case of death. As a preventative measure, it is highly recommended to come up with a last will and testament.

A thought-out and properly created will can be essential to your loved ones and relatives upon your passing even if you don’t possess lots of property and assets.

Here, you can find a Tennessee last will and testament form for download and the information that will settle your slightest doubts in relation to estate planning, kinds of last will, and ways to make a sound document.

Tennessee Last Will Laws and Requirements

Requirements State laws
Signing requirement Two witnesses 32-1-104. Will other than holographic or nuncupative — Signatures
Age of testator 18 or older 32-1-102. Persons qualified to make a will
Age of witnesses 18 or older 32-1-103. Witnesses — Who may act
Self-proving wills Allowed 32-2-110. Affidavit of witnesses to prove will
Handwritten wills Recognized if meeting certain conditions 32-1-104. Will other than holographic or nuncupative — Signatures
Oral wills Recognized if meeting certain conditions 32-1-106. Nuncupative will.
Holographic wills Recognized if meeting certain conditions 32-1-105. Holographic will
Depositing a will Possible with a Tennessee county chancery court  A fee is $5 32-1-112. Deposit of will with probate court

How to Write a Tennessee Last Will

  1. Consider your options. Before starting, you should determine if you’d like to use the assistance of an attorney or write the whole document on your own. In the event that you want to prepare the last will on your own, pick the type you’ll use: a handwritten (holographic) will or maybe a free last will and testament form.
  2. Indicate your information. Fill out your full legal name and address (the city, county, and state of residence) to determine the testator of the will. Reread the remaining portion of the section, including the information you’ve entered and the “Expenses and Taxes” subsection.
  3. Establish the executor. Determine the executor of your property and specify their specifics: full name and place of residence, which will ordinarily be in the same state the testator lives since nearly all states impose special rules on out-of-state executors. Although it is not mandatory, it might be wise to appoint one more person to be an executor if the first one is unwilling or incapable of carrying out your last will.
  4. Determine the guardian (optional). In case you’ve got underage or dependent children and don’t want the court to choose a guardian for the kids when you’re no longer here, it is possible to appoint somebody you know as a guardian for your children.
  5. Establish your beneficiaries. Now indicate people to whom you’d like to bequeath your assets, that is, your beneficiaries. For every beneficiary, indicate these details: full legal name, address, and the way they are related to you.
  6. Designate possessions. It’s possible to specify which of your respective beneficiaries receives this or that piece of property. Otherwise, the assets will be distributed evenly amongst the listed beneficiaries. Assets can include cash, shares, real estate, company ownership, money for arrearage, and any tangible things of monetary value that count among your possessions. Yet, joint and living will assets, along with your life insurance, cannot be put into your will.
  7. Ask witnesses to sign the document. According to Tennessee Annotated Code, for any last will to be legally correct, it has to be signed by two witnesses. They should be over 18 years old and have no interest in your property, meaning these people can’t be beneficiaries. Consider choosing witnesses who are younger than you to make sure that they will likely be present if the will is contested in the court or if some other issue occurs.After a complete revision of every passage in your will, all parties involved (you and the two witnesses) will have to fill out their names and full addresses and sign the document.

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Frequently Asked Questions

What's the difference between 'Power of Attorney' and 'Executor'?


A power of attorney is a legal document that names a person, known as your agent or proxy (doesn’t need to be an attorney), to handle important things on your behalf when you are alive. There are two principal ones among the power of attorney kinds:

  • General power of attorney – allows you to name a proxy (agent) who will be able to manage your financial and legal matters in your stead. But, this document becomes annulled in case the principal dies or becomes incapacitated.
  • Durable power of attorney – grants the identical rights to the proxy as the prior type but stays valid even if the individual on behalf of whom the agent acts becomes incapacitated.

An executor is a person you trust and assign to make sure the will’s directions are executed. The same individual could be your will’s executor and power of attorney proxy.

Is last will notarization required by Tennessee statute?


A will in Tennessee is effective without notarization. However, in case you intend to add a self-proving affidavit to the last will and testament, you’ll have to attest it. Making your last will self-proving is actually a great idea because it quickens the probate and provides another level of security if the will’s credibility is contested.

IMPORTANT: Even though notarization is not required for last wills in Colorado, it usually helps facilitate the probate.

When comparing an attested and holographic last will, which is preferable?


For a holographic last will to be considered legally binding, you must handwrite the whole document, indicate the date of creating, and put your signature on it. Remember that such will is usually made when there is no other option and is replaced by a much more detailed document made with the help of a fillable will template or legal professional. Holographic wills can include unclear directions and could miss important terms, so they are harder to put in force and can hinder the probate substantially. Thus, it would be a better choice to go for the second solution we discuss below.

An attested will is usually typewritten since it’s commonly prepared by a legal professional or is based upon a last will form, like the one you may get here. You will need to have two witnesses (18 years and more) sign the last will and testament in your presence for it to be considered valid. In some states, you’d have to notarize the document as well, but in Tennessee, there’s no such prerequisite.

What does it imply to be testamentary capable?


In order to make your will and modify it (to be testamentary capable), you have to fulfill certain requirements relating to your legal and mental capabilities (sound mind) first.

There are usually two requirements to meet: age and soundness of mind. In most states, you’ve got to be over 18 years old to be able to make a last will. Soundness of mind ensures that you’re mindful of your property and the beneficiaries of your belongings and understand the aftereffects of your actions fully.

Does a last will require a self-proving affidavit in Tennessee?


It isn’t necessarily in Tennessee. Yet, if you wish to include a self-proving affidavit, it can be rather beneficial given that the document acts as an alternative for in-court testimony of witnesses at the time of probate.

Can you exclude your children or spouse from a last will and testament?


In Tennessee, there’s no such term as community or marital property. That suggests that all of the possessions gained or increased while in the marriage do not have to be evenly shared between the two spouses.

In the State of Montana, the divorce rate is one of the highest in the USA. In 2018, it was 9.1 per 1,000 women over 15 years old, in comparison to the average US rate of 7.7 in the same period, according to Census.gov.

What's the difference between 'Power of Attorney' and 'Executor'?


Tennessee law permits you to exclude your marriage partner from your last will entirely, but your spouse will have the right to own a set minimum amount of your estate.

For everyone else, it is legal in Tennessee to disinherit family members in the will. Your adult children or any other family members can be legally disinherited completely in your last will and testament. To do that, include corresponding sections to your last will.

Can my last will be modified without my agreement?


No, nobody but you is allowed to change your last will and testament. There is just one case when a third party can intervene. When you’re physically unable to sign your last will, another person is allowed to do it in your stead yet only with you present.

Am I allowed to modify a typewritten will after I sign it? (in Tennessee)?


Yes, you’re allowed to alter it.

A testator can change or revoke their last will at any moment. The sole case that may disallow you to do it is when such doing is prohibited under the agreement you signed.

It’s recommended to modify your will if a serious event takes place in your life. These include but aren’t limited to:

  • Adoption or childbirth
  • You have married or divorced
  • You sold or purchased real estate or a large piece of property
  • Significant changes in your money situation

What will be the costs of having lost a last will and testament?


In Tennessee, the law indicates that the court will accept a last will in case it’s destroyed or lost. Nevertheless, the probate court will be less likely to admit anything except for the initial version of the will to probate.

Tennessee law can make a supposition that the absence of the will means it’s revoked. That puts the responsibility on the advocate of the will to provide evidence of the mentioned last will and testament.

Things may get much more complicated when it comes to a holographic last will and testament. To provide evidence of its legality, the court requires testimony and sword witnesses. The reason for not providing the will and its elements is to be proven as well.

How can a physically impaired person sign their will?


Based on Tennessee Estate Code, it’ll be possible for an individual to sign their last will and testament given that it’s your (as a testator) instruction and with you present.

It is possible to give a certain instruction via some ways, which include voice communication, a positive answer to an inquiry, or gesticulation. It is possible to have a notary sign the name of a testator who is physically incapable of doing it if the latter directs the notary in the presence of a witness. Such a witness is chosen the same way one would select a trustee – they must not have any legal or equitable interest in any property being the concern of or influenced by the last will.

Related documents Download When to make it
Codicil DOCX, ODT, PDF There are several small adjustments you’d like to make to your will.
Self-proving affidavit DOCX, ODT, PDF You need to facilitate the probate in the future.
Living will DOCX, ODT, PDF You want to be sure that, in case you become incapacitated, you get treated exactly how you’d wish to.
Living trust DOCX, ODT, PDF You want to think about an alternative to a will.
Published: Sep 18, 2020