Tennessee Affidavit of Witnesses to Prove Will

State:
Tennessee
Control #:
TN-SKU-1032
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Affidavit of Witnesses to Prove Will

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FAQ

Witnesses. Generally speaking, the law requires at least two witnesses to attest to a will's validity. They are eligible as long as they meet the standard of competence, i.e., they are of sound mind and over the age of 18. An interested witness is one who stands to benefit from a provision in the will.

No, in Tennessee, you do not need to notarize your will to make it legal. However, Tennessee allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

The basic requirements for a Tennessee last will and testament include the following: Age: The testator must be at least 18 years old. Capacity: The testator must be of sound mind. Signature: The will must be signed by the testator or by someone else in the testator's name in his presence, by his direction.

T.C.A. § 32-1-104 provides that a will, other than a holographic or nuncupative will, must be signed by the testator (the person making the will) and two witnesses.

A will does not have to be notarized. 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.

Age: The testator must be at least 18 years old. Capacity: The testator must be of sound mind. Signature: The will must be signed by the testator or by someone else in the testator's name in his presence, by his direction.

What the statute means is that a handwritten will is only found valid if the deceased had signed the document and two witnesses can prove that the handwriting is the testator. The will must be entirely written out ? if it is typed out, for instance, it will not be valid under Tennessee law.

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Tennessee Affidavit of Witnesses to Prove Will