Is An Online Will Legally Valid in Tennessee?

Yes, online wills are legally valid in Tennessee. Although that is the case, there are steps you need to take for it to hold up in court. Learn more about those rules below.

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Not to worry, FeedingBird will walk you through each and every step.

What Makes an Online Will Legally Valid in Tennessee?

Under Tenn. Code 32-1-104, a typed or printed will must be signed by the testator and by at least two competent witnesses who each sign together and with the testator. You do not need to notarize the will to make it valid, but a notarized self-proving affidavit under 32-2-110 lets the court accept the will without requiring witness testimony later.

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Tennessee is one of the states that recognizes holographic wills under Tenn. Code 32-1-105. No witnesses are needed at the time of signing, but the signature and all material provisions must be in the testator's own handwriting, and two witnesses must later confirm that handwriting is genuine.

What You Need to Know about Online Wills in Tennessee

Estate laws are tricky to navigate and are different from state to state. If you choose to create an online will, it's important to make sure it is structured correctly to avoid delays in court proceedings.

Tennessee Property Laws

Tennessee is not automatically a community property state, though married couples can opt into a community property arrangement by written agreement. If they do not, all property owned solely in your name is distributed according to your will, or, if you have none, under the state's intestate succession rules.

Tennessee Probate

Most estates in Tennessee go through probate court. Smaller estates worth $50,000 or less may qualify for a small estate affidavit instead, which cannot be filed until at least 45 days after the death.

Avoiding Probate in Tennessee

Probate can be costly and take months or years to finalize, leading many people to try and avoid it altogether. Here are some ways you can do that.

• Place your assets in a revocable living trust. This allows you to keep control over your estate as the trustee, and names a successor trustee to manage distribution after your death.

• Name beneficiary designations on financial and retirement accounts. A payable-on-death (POD) designation specifies who receives funds automatically after death, and a transfer-on-death (TOD) designation names a new owner for brokerage accounts.

• Hold property as joint tenants with right of survivorship, which passes automatically to the surviving owner outside of probate.

Want to learn more about trusts? Discover what is included in a trust.