Estate plan

Tennessee

Everything to plan your estate in Tennessee: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

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Will, living trust, durable power of attorney, and healthcare directive. All four documents, all valid in Tennessee, all for $29/year.

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Tennessee content last reviewed May 18, 2026.

Will

2W

Trust

POA

N

HC Directive

2W

E-will

Not adopted

RON

Enacted

Effective 2019-07-01

ROW

Not allowed

Remote online witnessing

Community property

No

Minimum age

18

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses = no formal requirements
1

Will

Tenn. Code §32-1-101 et seq.

Witnesses: 2 required

Two witnesses must sign in the presence of the testator and each other (T.C.A. §32-1-104(a)(2))

Witnesses sign together: Required

Tennessee requires the attesting witnesses to sign in each other's presence; signing within a reasonable time of one another is not sufficient.

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Valid

Handwritten wills without witnesses are recognized in Tennessee

Self-proving affidavit: Available

Allows the will to be admitted to probate without witness testimony

2

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

3

Durable Power of Attorney

Witnesses: None required

No witnesses required for power of attorney

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

Durability must be explicitly stated in the writing. Tenn. Code §34-6-102
Acknowledgment before a notary public is required for the POA to be commercially usable and for the durable feature to be reliably recognized by Tennessee third parties; an un-acknowledged POA will not be honored by banks, brokerages, title companies, or Registers of Deeds, and an unrecordable POA cannot be used in any real-property transaction (Tenn. Code §66-22-101 et seq.). Complete the notary acknowledgment at signing.
Healthcare POA has its own execution requirements under Tenn. Code §34-6-203
4

Advance Directive for Health Care

Tenn. Code §68-11-1801 et seq.

Witnesses: 2 required, or notary

Tennessee accepts either 2 witnesses or notarization

Notarization: Accepted as alternative

Acknowledged before a notary public. Tenn. Code §68-11-1803(b)

State-specific notes

Witnesses must be competent adults. The agent named in the directive may not serve as a witness. At least one witness must not be related to the principal by blood, marriage, or adoption and must not be entitled to any portion of the principal's estate under any existing will or by the laws of intestate succession. Tenn. Code §68-11-1803(b)
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6 more documents with a subscription

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Disposition of Remains Authorization

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

Nomination of Conservator

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. paid

Free
Paid
All 4 state-specific documents
State-specific signing guide
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Covers real estate, business, digital, and funeral wishes
Disposition of remains authorization
Standalone HIPAA authorization
Nomination of conservator
Business succession declaration
Real-estate retitling checklist
Special needs trust provisions
Letter of instruction, pre-filled and editable
Edit anytime
Annual review reminder
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Electronic will status

Tennessee has not adopted electronic will legislation. A traditional paper will with physical signatures is required.

Digital assets access

Tennessee has adopted RUFADAA (2016). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

Tennessee authorized RON in 2019. The law took effect on July 1, 2019.

Will

Not allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Tennessee does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Tennessee for guidance specific to your situation.

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