Last Will And Testament requirements in Tennessee
- You must be at least 18 years old and of sound mind to create a will in Tennessee.
- The will must be in writing (printed or typed) and cannot be entirely oral.
- You must sign your will in the presence of at least two witnesses.
- Your witnesses must be at least 18 years old and must sign the will in your presence and in the presence of each other.
- While notarization is not required for a will in Tennessee, it is strongly recommended to make it 'self-proving' and avoid probate delays.
How to create a Last Will And Testament in Tennessee
- List your assets and decide who should receive each item or property.
- Choose an executor who will manage your estate and carry out your wishes.
- Write your will, either using a template or with the help of an attorney, clearly stating your beneficiaries and alternate beneficiaries.
- Sign your will in the presence of two witnesses, and have them sign as well.
- Consider having your will notarized to make it self-proving, which simplifies the probate process.
- Store your will in a safe place and tell your executor where it is.
What a Last Will And Testament typically costs
The cost of a last will and testament in Tennessee varies. Using an online will template can cost as little as $50, while hiring an attorney typically ranges from $300 to $1,000 or more, depending on complexity. Investing in a professionally drafted will can provide peace of mind and help avoid costly mistakes.
Take the first step today and create your Tennessee last will and testament to protect your loved ones.
Create your last will and testamentTennessee Will Creation Checklist
Before you draft your Tennessee last will and testament, gather the essentials and understand the legal requirements to ensure your will is valid.
- Confirm you are at least 18 years old and of sound mind to make a will in Tennessee.
- List all assets and debts, including real estate, bank accounts, investments, personal property, and outstanding loans.
- Decide on beneficiaries and an alternate beneficiary for each asset or gift.
- Choose an executor (and a backup) who will manage your estate; ensure they are willing to serve.
- Review Tennessee's witness requirements: your will must be signed by you (or by someone at your direction) and witnessed by at least two competent individuals who sign in your presence.
- Have a notary public available to acknowledge your and witnesses' signatures, as notarization helps make your will 'self-proving' and simplifies probate.
Frequently asked questions
Do I need a lawyer to write a will in Tennessee?
No, you can write your own will using DIY templates. However, an attorney can ensure your will complies with Tennessee law and addresses your specific needs, especially if you have a complex estate.
What happens if I die without a will in Tennessee?
If you die without a will (intestate), your assets will be distributed according to Tennessee's intestacy laws, which may not reflect your wishes. An estate planning attorney can help you avoid this.
Can I name a guardian for my children in my will?
Yes, you can name a guardian for your minor children in your will. This is one of the most important reasons to create a will if you have children.
What is a living will and how does it differ?
A living will is a separate document that outlines your medical care preferences if you become incapacitated. A last will and testament deals with the distribution of your property after death. Both are part of a comprehensive estate plan.