Are Handwritten Wills Legal in Tennessee?
Writing down your last wishes by hand might feel personal, quick, and even comforting, yet many people wonder if such a will carries legal weight in Tennessee. Estate planning protects your property and spares loved ones from guessing what you want.
At Foust & Foust, PLLC, we guide families through wills, probate, and trust work daily. Below, we explain how Tennessee courts view handwritten wills, the steps needed for validity, and the pitfalls that often surface later.
What is a Handwritten Will (Holographic Will)?
A handwritten or “holographic” will is a document entirely written and signed by the testator without witnesses present during the writing. Because no one else signs at that moment, the will looks less formal than a typed and witnessed version. Even so, it must still satisfy Tennessee statutes, or it will fail like any other flawed will.
Holographic wills usually appear when someone lacks fast access to legal help, faces sudden illness, or simply jots down wishes on the fly. The informal setting does not excuse mistakes, so understanding the legal yardsticks is vital before relying on pen and paper alone.
Legality of Handwritten Wills in Tennessee
Tennessee recognizes holographic wills under its rules. Code Ann. § 32-1-105 is met. First, every material word must be in the testator’s handwriting, including the names of heirs, gifts, and directions. Second, the testator must sign the document, showing intent that it serves as a will.
Unlike traditional wills, no witnesses are needed when the will is created. During probate, however, two disinterested individuals who know the testator’s handwriting must swear that the writing and signature are genuine. Missing any requirement places the entire document at risk of being tossed out by the court.
Potential Risks of Handwritten Wills
Even though Tennessee accepts handwritten wills, several dangers hover in the background. Unclear language can spark feuds among heirs about what you meant or who gets what. If no one can prove the handwriting or signature, the court may rule the will invalid and apply intestacy rules instead.
Holographic wills also invite challenges claiming a lack of capacity or undue influence, largely because no witnesses observed the signing. While an informal will might feel simple now, it can later cost your loved ones time, money, and peace.
Proving a Handwritten Will in Tennessee Courts
The probate process starts with filing the original document in the county court. Next, two witnesses who recognize the testator’s handwriting must submit sworn statements or testify in person. They need not have watched the will being written; they only confirm that the writing truly belongs to the deceased.
If the court is satisfied, the will moves forward like any other. If the handwriting proof fails, all property passes under intestacy rules, which may differ sharply from the testator’s wishes. Proper proof, therefore, is the linchpin of a holographic will’s success.
When to Consult an Attorney
A lawyer is not required to draft a valid holographic will, yet legal guidance adds clarity and certainty that handwritten documents often lack. An attorney can check the language for hidden gaps, confirm that signing formalities match Tennessee law, and suggest a self-proving affidavit or a fully attested will that is harder to contest.
Professional advice becomes even more valuable if you own real estate, have a blended family, or hold assets in multiple states. The fee for sound drafting is usually far less than the cost of courtroom disputes among heirs.
Key Requirements for a Valid Holographic Will in Tennessee
Courts look for specific benchmarks before honoring a handwritten will. Meeting each one guards against costly challenges later.
- The testator must be at least 18 years old.
- All material provisions are in the testator’s handwriting.
- The testator signs the will.
- Two disinterested witnesses can verify the handwriting during probate.
For quick reference, the table below contrasts holographic and attested wills under Tennessee law.
| Comparison of Tennessee Will Types | ||
| Feature | Holographic Will | Attested Will |
| Writing Method | Entirely handwritten by the testator | Usually typed |
| Witnesses at Signing | None required | Minimum of two |
| Proof at Probate | Two handwriting witnesses | Self-proving affidavit often removes the need for live testimony |
| Common Challenges | Authenticity, vague wording, and capacity | Undue influence, improper witnessing |
Circumstances Favoring a Handwritten Will
Despite the pitfalls, certain scenarios make a holographic will a practical short-term fix:
- You cannot reach legal help or suitable witnesses in time.
- An emergency medical procedure or sudden illness arises.
- You want full privacy and prefer not to reveal plans before death.
- Your estate is modest and free of tangled assets.
Even in these situations, most planners treat the handwritten will as a bridge until a formal document can be prepared later.
Consequences of an Invalid Handwritten Will
If the court rejects a holographic will, Tennessee intestacy laws under Title 31, Chapter 2, decide who inherits. Spouses and children usually come first, followed by parents, siblings, and wider relatives. Friends, charities, and unmarried partners may receive nothing.
Because the statutory order rarely mirrors personal wishes, the risk of intestacy is the greatest drawback of relying solely on a handwritten will without proper safeguards.
Foust & Foust, PLLC: Your Estate Planning Partner
At Foust & Foust, PLLC, we combine close client attention with thorough knowledge of Tennessee probate rules. Whether you are considering a handwritten will, need a comprehensive estate plan, or want to review an existing document, our lawyers craft clear directions that stand up in court.
We take pride in safeguarding legacies, helping families avoid disputes, and smoothly passing estates from generation to generation. If you have questions about holographic wills or any other estate topic, practical guidance is just a call or click away.
Putting your affairs in order brings a calm that money alone cannot buy. Reach out at (865) 203-4041, email contact@foustlaw.com, or visit our website today. We welcome your questions, offer straightforward answers, and work with you to protect what matters most. Peace of mind starts with a single conversation, so let’s talk soon.
