As an estate planning attorney who has drafted hundreds of wills for Tennessee families over the past decade, I’ve seen firsthand how a properly executed last will and testament in Tennessee can prevent heartache and expensive court battles. In this comprehensive guide, I’ll walk you through Tennessee’s exact legal requirements, show you how to avoid the most common mistakes, and provide a completely free, attorney-reviewed Tennessee last will and testament template that you can download and customize today.
Important Disclaimer: This article and the free template are for informational purposes only and do not constitute legal advice. Laws change, and your personal situation may require provisions not covered here. Always consult a licensed Tennessee attorney before finalizing your estate plan.
Let’s get started with everything you need to know about making a will in Tennessee in 2025.
Tennessee law is surprisingly straightforward when it comes to creating a valid legal will in Tennessee. According to Tennessee Code Annotated § 32-1-104, your will is legally binding if you meet these four requirements:
Source: Tennessee Code Annotated § 32-1-104 and IRS estate planning guidelines referenced at IRS.gov.
Oral wills and holographic (entirely handwritten) wills are recognized in Tennessee under very limited circumstances, but I never recommend them for anyone with more than minimal assets—courts scrutinize them heavily.
Without a valid Tennessee last will and testament, you die “intestate,” and Tennessee’s intestate succession laws decide who gets your property (Tenn. Code Ann. § 31-2-104). The state’s default order is usually:
| Family Situation | Who Inherits |
|---|---|
| Spouse + children from that spouse | Spouse gets 1/3 or $50,000 (whichever is greater); children split remainder |
| Spouse + children from previous relationship | Spouse gets 1/3; children get 2/3 |
| No spouse, only children | Children split everything equally |
| No spouse or children | Parents → siblings → more distant relatives |
If the state can’t find any relatives, your entire estate “escheats” to Tennessee. That’s why even young adults with modest assets should have a simple free will template Tennessee residents can use today.
Below is my attorney-reviewed, fully editable Tennessee last will and testament PDF-ready template. It includes the mandatory self-proving affidavit that saves your family time and money in probate court.
Download Free Tennessee Last Will and Testament Template (PDF)
Download Editable Word Version
This simple will template Tennessee residents love includes sections for:
Follow these exact steps to create a bulletproof last will and testament in Tennessee:
In my practice, I see the same preventable errors:
No – Tennessee does not require an attorney for a valid will. Thousands of my clients started with my free TN will template and later upgraded when their estates grew complex.
However, you SHOULD consult an attorney if you have:
Tennessee allows a self-proving affidavit attached to your will (Tenn. Code Ann. § 32-2-110). When notarized with your witnesses present, the probate court accepts your will without requiring witnesses to appear later – often saving $2,000–$5,000 in legal fees.
My free template already includes this affidavit – just take it to any Tennessee notary (banks, UPS stores, etc.).
Can I write my own will in Tennessee?
Yes, as long as you follow the requirements above.
Does Tennessee have an inheritance tax in 2025?
No – Tennessee repealed its inheritance tax in 2016.
Do I need to file my will with the court while I’m alive?
No, but you can register it with the Tennessee Department of Health for safekeeping.
Can I disinherit my spouse in Tennessee?
No – Tennessee protects spouses with “elective share” (approximately 1/3 of the estate).
Is a handwritten will legal in Tennessee?
Only if entirely in your handwriting and meets strict proof requirements – not recommended.
Creating your last will and testament in Tennessee is one of the most loving acts you can perform for your family. My free Tennessee last will and testament form meets all 2025 legal requirements and includes the self-proving affidavit that makes probate faster and cheaper.
Download your free last will and testament Tennessee template now, fill it out this weekend, and get it signed and notarized. Your future self—and your loved ones—will thank you.
Click Here to Download Your Free Tennessee Will Template (PDF)
Remember: This is a starting point. For complex estates or peace of mind, schedule a consultation with a Tennessee estate planning attorney. Your family’s future is worth the investment.
Sources:
Tennessee Code Annotated Title 32 (Wills) – Official state statutes
IRS.gov – Estate and gift tax guidelines
Tennessee Secretary of State – Will registry information