A Tennessee last will and testament is a legal estate-planning document that gives a testator (the person creating the will) an opportunity to provide exact instructions regarding how they wish to have their estate distributed upon death. A will allows the testator to record directives regarding the after-death management of their real and property, life insurance policies, digital assets, fiduciary accounts, cash-on-hand, and much more. Through making a will, a testator will name beneficiaries of their estate; some of the common individuals considered beneficiaries include spouses, children, friends, and even charitable organizations or other entities that are important to the testator. Will documents must be signed by the testator in the presence of two (2) separate witnesses in order to be considered legally binding in Tennessee. Both these witnesses must provide their signatories on the document as well. And though optional, a testator can have their will acknowledged by a state-authorized notary public to further protect its legality.
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Laws
Definition – (TN Code § 32-1-101) – “Will” includes codicil.
Signing Requirements (Section 32-1-104) – The Testator must sign in the presence of two (2) or more Witnesses. Those witnesses must sign the Will in the presence of the Testator and in the presence of each other.
Statutes – Title 32 (Wills)
(Video) How to Make a Will in Tennessee
How to Write
Step 1 – The testator of this document may be established by placing their name in the first line at the top of the document. This should be followed by:
- The provision of the testator’s name
- City and County of testator’s residence
- Review the remainder of the paragraph
- Review “Expenses and Taxes”
Step 2 – Appointing an Executor:
- The Name the testator’s representative
- The Name of the representative’s City and County
- Representative’s State
In selecting an alternate executor, this will secure a second representative trusted by the testator to execute estate in the manor in which the testator would have chosen. This step is necessary in the event that the initially selected executor, would become unable or unwilling to execute the will as stated- Testator must enter:
- The name of the second representative
- City
- County
- Alternate’s State
Step 3 – Disposition of Property – Beneficiaries
Beneficiaries – Enter the following information:
- Their name
- An address for any named beneficiary
- Describe the relationship to the testator
- Enter the last four digits of the SSN for all persons named
- Lists of property that the testator shall provide respectively
Step 4 – Read all titled sections:
- Omission
- Bond
- Discretionary Powers of Personal Representative
- Contesting Beneficiary
- Guardian Ad Litem Not Required
- Gender
- Assignment
- Governing Law
- Binding Arrangement
Step 5 – Signatures – Anyone who shall serve as a signatory must be present to one to another at the time of the signing of this document. Enter:
- Name of the testator
- Date of testator’s signature in dd/mm/yyyy format
- Signature of testator
- Testator’s printed name
Witnesses – Witnesses should review the brief statement – then provide
- Date of the signatures – dd/mm/yyyy
- Name of the testator
Witness 1 –
- Witness Signature
- Physical Address
Witness 2 –
- Witness Signature
- Physical Address
Step 6 – Affidavit of Testament – All must review, then enter:
- State
- County
- Testator’s name
- Name the 1st witness
- Name the 2nd witness
- AND
- Signature of testator
- Signature of 1st Witness
- Signature of 2nd Witness
Step 7 (Optional) – Notary Public- As the testator completes the document, any signature shall be witnessed and acknowledge by a state notary public.
Related Forms
Download: Adobe PDF
Durable (Financial) Power of Attorney
Download: Adobe PDF