Best Will & Testament Lawyers in Tennessee

About Will & Testament Law in Tennessee, United States

A Last Will and Testament is a legal document that allows an individual, known as the testator, to specify how their assets and property should be distributed after their death. In Tennessee, wills are governed by specific state statutes to ensure the testator's wishes are carried out legally and efficiently. A valid will can help avoid confusion, reduce legal disputes, and make the probate process smoother for loved ones. Tennessee recognizes both traditional typed wills and handwritten (holographic) wills under strict conditions.

Why You May Need a Lawyer

While it is possible to draft a will without legal assistance, many situations benefit from the expertise of a Tennessee estate planning attorney. You may need a lawyer if:

• You have a large or complex estate involving multiple properties, investments, or business assets.
• You wish to make special provisions for minor children, family members with disabilities, or trusts.
• Your family situation is complicated, such as blended families, estranged relatives, or potential disputes among heirs.
• You want to minimize taxes and administrative costs during probate.
• You have questions about meeting the legal requirements to ensure your will is valid in Tennessee.
• You need to update an existing will after marriage, divorce, birth of children, or other significant life changes.
• You are concerned about someone contesting your will or challenging your mental capacity at the time of signing.

Local Laws Overview

Tennessee has distinct requirements for creating a valid Last Will and Testament. Here are some of the most relevant legal aspects:

• Age and Capacity: The testator must be at least 18 years old and of sound mind.
• Written Requirement: Wills must be in writing. Tennessee accepts both typed and handwritten (holographic) wills but does not accept oral (nuncupative) wills except in very limited circumstances (for example, military service members in active duty).
• Witnesses: For a typed will, at least two competent witnesses must sign the will in the presence of the testator. Holographic wills require the testator’s handwriting, and proof of the handwriting may be needed in probate.
• Self-Proving Affidavit: A will can be made “self-proving” if the testator and witnesses sign an affidavit before a notary public. This speeds up probate because the witnesses do not need to appear in court.
• Revocation and Updates: A will can be revoked or changed at any time before death, either by physically destroying the will or executing a new one.
• Probate Process: Upon death, the will is submitted to the appropriate county probate court where the assets are administered in accordance with the will’s terms.

Frequently Asked Questions

What are the basic requirements for a valid will in Tennessee?

The testator must be at least 18 years old, of sound mind, and the will must be signed by the testator and two competent witnesses. Handwritten wills require verification of handwriting.

Does Tennessee recognize handwritten wills?

Yes, Tennessee courts recognize handwritten (holographic) wills if the document is entirely in the testator’s handwriting and is proven as such during probate.

Are oral wills allowed in Tennessee?

Tennessee does not generally allow oral (nuncupative) wills, except in rare cases related to military service members and under strict legal limits.

Can I disinherit a child or spouse in my will?

You may disinherit a child in your will, but spouses have certain rights under state law known as “elective share,” which may entitle them to a portion of your estate regardless of the will’s terms.

What happens if I die without a will in Tennessee?

If you die without a valid will, Tennessee’s intestacy laws will determine the distribution of your assets, which typically prioritizes spouses, children, and close relatives.

Do I need a lawyer to write a will?

A lawyer is not required but is highly recommended, especially for large or complicated estates, to ensure your will meets all legal requirements and your wishes are followed.

How do I change or revoke my will?

You can change your will by creating a new one or adding an amendment known as a codicil. Revocation can also occur by physically destroying the existing will.

What is a self-proving will?

A self-proving will includes an affidavit signed by the testator and witnesses in front of a notary, which helps avoid the need for witnesses to testify in probate court.

Do wills need to be notarized in Tennessee?

Notarization is not required for the will itself but is necessary if you want to include a self-proving affidavit to streamline the probate process.

What is probate, and how long does it take in Tennessee?

Probate is the court-supervised process of authenticating and executing a will. The length of probate can vary from several months to over a year, depending on the complexity of the estate.

Additional Resources

For more information or assistance with wills and estate planning in Tennessee, consider the following resources:

• Tennessee Courts - Probate and Estate Information
• Tennessee Bar Association - Find a Lawyer & Legal Guides
• Local county probate court offices
• Legal Aid Society of Middle Tennessee and the Cumberlands
• University of Tennessee Extension - Estate Planning Information

Next Steps

If you are considering creating or updating a will in Tennessee, here is how to proceed:

• Gather information about your assets, debts, and family members.
• Determine your goals and any special wishes for your estate, guardianship, or care of dependents.
• Contact a qualified estate planning attorney who is licensed in Tennessee for tailored advice and to draft your will.
• Ensure your will is properly witnessed and, if possible, include a self-proving affidavit.
• Store your will in a safe and accessible place and notify trusted individuals of its location.
• Review your will periodically and update it as life circumstances change.

Seeking legal advice can safeguard your wishes and provide peace of mind for you and your loved ones. Even if your estate is modest, professional guidance can help you avoid common pitfalls and ensure compliance with Tennessee law.