Last Will & Testament Attorney in Chattanooga

Protecting Your Wishes Under Tennessee Law

A last will and testament is the legal document through which a person (the testator) directs how their property and assets should be distributed after death. It also lets you name an executor (personal representative) to administer your estate and designate a guardian for minor children. Without a valid will, Tennessee’s intestacy statute, Tenn. Code § 31-2-104, takes over and distributes your assets to the closest surviving relatives regardless of what you actually wanted.

We draft last wills and testaments for individuals and families throughout Chattanooga and the surrounding region. Our attorneys are licensed in Tennessee, Georgia, and Alabama, which matters for clients who own property or have family across state lines. We offer free initial consultations.

Tennessee Requirements for a Valid Will

Tennessee recognizes three types of wills: attested (typed or printed), holographic (entirely handwritten), and nuncupative (oral, available only in very limited circumstances). Most clients use an attested will, and the execution rules under Tennessee Code Title 32 are specific.

Attested Will Requirements

Under Tenn. Code § 32-1-102, any person at least 18 years old and of sound mind may make a will. Under Tenn. Code § 32-1-104, an attested will must be signed by the testator and at least two witnesses, all in each other’s presence, with the testator signifying that the document is their will. Those witnesses should be disinterested parties. Under Tenn. Code § 32-1-103, an interested witness who is one of only two witnesses forfeits any gift made to them in the will to the extent it exceeds what they would have received had the testator died intestate.

Self-Proving Affidavits & Notarization

Tennessee doesn’t require notarization to make a will valid, but a self-proving affidavit signed before a notary (Tenn. Code § 32-2-110) can streamline the process significantly. It allows Hamilton County Probate Court to accept the will without contacting witnesses directly.

Holographic Wills & Execution Failures

Holographic wills, recognized under Tenn. Code § 32-1-105, must have the testator’s signature and all material provisions in their own handwriting. Two witnesses must prove the handwriting in probate, and these wills face greater risk of contests. A will that fails Tennessee’s execution requirements is invalid, and the estate passes under intestacy law as if no will existed.