Tennessee Wills Laws
The 2014 Tennessee Code, title 32, contains explicit provisions about last will and testament. Here are its key provisions:
- People aged 18 and older, officially recognized as being of sound mind, can make a will
- To be a witness to last will, a person should be competent, disinterested, and of legal age
- As a rule of thumb, the state government accepts holographic and nuncupative last wills. Holographic wills do not require witness signatures. Other cases include printed last wills signed by the testator and two witnesses.
- Tennessee laws apply to a last will’s execution even if the last will is executed outside the state.
What Are Nuncupative Wills?
Nuncupative wills can be made only if the testator is terminally ill or facing death from other causes. They should also be signed in the presence of two witnesses. The testator should declare their wish to do so before two disinterested witnesses and complete this type of will within 30 days after the declaration. Besides that, such wills are subjected to the probate process within six months after the testator’s death. The testator’s amount of property poses limitations on the completion of nuncupative wills; this type of will can be made for the property not exceeding $1,000. The only exception is military personnel, who can complete nuncupative wills for the sum up to $10,000.
Is It Necessary to Notarize the Last Will?
Section 32-1-104 of Tennessee Code Annotated does not require the last will’s notarization. But for the document to be legal, it has to be signed by the testator in the presence of two witnesses aged at least 18. Witnesses can’t be the testator’s blood relatives, spouses, or medical providers.
However, a non-notarized last will is not self-proving. A self-proved will can be created within a one-step procedure (that is, simultaneous execution, attesting, and self-proving) by the affidavit of the testator and witnesses performed with an authorized officer and sealed officially. A two-step procedure is also possible, with the completion of the last will made by the testator and two witnesses, and its subsequent affidavit with the authorized officer.
Create a Last Will Online
Wishing to prepare a last will? Tennessee legal requirements presuppose the completion of last wills by using fillable PDF forms. Hand-written or oral wills have no official force, so it’s better not to write the will, but to download a form available online on our website.
You can use our free Tennessee last will and testament template to create the document and customize it to your needs with the help of our step-by-step constructor. We went the extra mile to make the process of last will completion a quick and comfortable process, not requiring any extra information, legal expertise, or other people’s help. Now you’re free to download and complete the last will form in minutes to resolve that issue and have peace of mind about the formal evidence of your property inheritance instructions in case of your death.
How to Write a Last Will in Tennessee
Completion of the last will in Tennessee requires following these steps:
- Indicate your personal details (name, city, and country)
- Review the section in which standard procedures of the last will form are enumerated to familiarize yourself with them
- Review the “expenses and taxes” section to identify the expenses and taxes your property is subjected to in the process if succession registration
- Indicate who you are appointing as your representative (their name and address)
- Indicate all beneficiaries for all types of property you possess (for every beneficiary, be sure to include their personal data and address, as well as your relationship to them, their SSN, and the exact property items you assign to them)
- Study all the remaining sections clarifying some legal peculiarities of the last will legislation in Tennessee (e.g., omission, bond, and guardian-related clauses).
Why Is It Good to Have a Last Will?
Nobody wants to think about death, but a disaster may strike at any moment. Thus, it’s better to come prepared without leaving blank spaces regarding postmortem property distribution among relatives and concerned organizations (e.g., charity organizations in which you are a member, business organizations you are part of, etc.). The last will serves as legal guidance to all involved stakeholders without creating legal and ethical dilemmas for them.