Compress Legal Tennessee Wills Forms For Free

Not all assets have to go through probate. Generally, those that the deceased owned in their name alone are required to go through probate. Some personal and real property may be transferrable to heirs without the probate process. Those that do go through the process are considered part of the ?probate estate?.

In order for a will to be valid in the state of Tennessee, it must be signed by the testator in front of two witnesses. The witnesses must also sign the will in front of the testator, and in the presence of one another.

Although the courts will recognize handwritten wills, they must comply with T.C.A. § 32-1-105: 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.

A will does not have to be notarized. The witnesses must also sign the will in front of the testator, and in the presence of one another. Notarization is not necessary, but notarization provides a benefit that we will touch upon in the next section.

Not only must the witnesses and testator sign the will, but they must all do so in the presence of each other. If one signs the will without the other being present, the will cannot be accepted. Tennessee requires strict compliance with these rules. If you do not meet any of these requirements, the will is invalid.

Holographic wills, also called handwritten wills, are considered valid in the State of Tennessee. To have a valid holographic will in Tennessee, the testator (person writing the will) must be 18 years or older, the entire will must be handwritten, and the testator must sign the will.