A Tennessee Last Will and Testament is a legal document that allows a person, referred to as a Testator, to leave detailed instructions on what will happen to their estate after they die. Oftentimes, estates are left to a surviving spouse or children; however, estates can also be left to charity, or liquidated. In Tennessee, Title 32 of the Tennessee Code dictates that in addition to the Testator being at least 18 years of age or older and being in a state of mental soundness, the will created in the state must be signed by the Testator (or someone that he or she appoints to stand as a representative) in the presence of two witnesses. These statutes also clarify the type of wills that will be accepted in Tennessee. According to Title 32, Nuncupative Wills, commonly known as Oral Wills, may only be used in emergency situations, such as times of imminent peril of death. Furthermore, an oral will must be created in the presence of two (2) witnesses and carries more restrictions. Holographic Wills, commonly known as Handwritten Wills, will be recognized by the state; however, all written and material provisions must be in the Testator's handwriting and the handwriting must be attested by two (2) witnesses.
Completing a last will and testament in Tennessee is a straightforward process but a process that requires attention to detail. The first thing that a Testator will detail is their full name and complete address. Once the Testator has provided this information, he or she will go on to state how their estate will be distributed. This section will provide names and contact information for each beneficiary. Once the will is complete and the Testator has stated all of their wishes, he or she must then sign the document Testator will sign, followed by his or her two (2) witnesses.