✍️ Sarah Mitchell
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⚖️ Legally reviewed by James Hartley
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Last reviewed: July 2026
Affiliate Disclosure: Law-Trust.com may earn a commission when you click links to Trust & Will on this page, at no extra cost to you. Our rankings are editorially independent. This article is for informational purposes only and does not constitute legal advice.
🏆 Tennessee: No Estate Tax. No Income Tax. Great for Estate Planning. Tennessee abolished its state estate tax in 2016 and fully eliminated its state income tax in 2021. For residents building and transferring wealth, Tennessee is one of the most tax-favorable states in the nation.
Tennessee has a straightforward legal framework for wills and excellent tax advantages for estate planning. Whether you're in Nashville, Memphis, Knoxville, Chattanooga, or a smaller community, making a legally valid will online is entirely achievable for most Tennesseans — and the tax environment makes it especially worthwhile.
Is an Online Will Legal in Tennessee?
Yes — online wills are fully legal in Tennessee when executed according to state requirements.
Under T.C.A. § 32-1-104, a valid Tennessee will must be: (1) in writing; (2) signed by the testator, or by some other person in the testator's presence and at the testator's direction; and (3) attested by two or more witnesses. The witnesses must sign in the testator's presence. The testator must be at least 18 years old (§ 32-1-102).
Tennessee's witness requirement specifies that witnesses sign in the testator's presence. While Tennessee enacted remote online notarization (RON) for notarizations, will execution itself has traditionally required physical presence of witnesses. Most quality online services generate Tennessee-compliant documents that you then sign in person with your witnesses.
Self-Proving Affidavit
Tennessee allows a self-proving affidavit under T.C.A. § 32-2-110. This notarized affidavit signed by the testator and witnesses at the time of will execution eliminates the need for witnesses to testify during probate. It's highly recommended and most online will services include it.
Holographic Wills in Tennessee
Tennessee recognizes holographic wills under T.C.A. § 32-1-105. A holographic will must be written entirely in the testator's handwriting and signed. No witnesses are required. While legally valid, holographic wills are more easily contested and the "entirely in the testator's handwriting" requirement can trip people up (any printed portions, such as on preprinted forms, may invalidate it). A properly executed online will is always preferable.
Electronic Wills in Tennessee
Tennessee has enacted provisions for electronic wills under T.C.A. § 32-1-104 et seq. as part of broader digital document legislation. Tennessee is among the states that have moved toward recognizing electronically signed wills, though the full UEWA framework varies from Colorado's implementation. Consult your online service about current Tennessee electronic will capabilities — most services default to paper execution for Tennessee to ensure maximum legal certainty.
Tennessee Will Requirements Checklist
✔ Tennessee Legal Will Requirements
- You are at least 18 years old (T.C.A. § 32-1-102)
- You are of sound mind at the time of signing
- The will is in writing (typed or printed)
- You sign the will (or direct another to sign in your presence)
- At least two witnesses sign in your presence
- A self-proving affidavit (notarized) is strongly recommended — T.C.A. § 32-2-110
- Witnesses should be at least 18 and disinterested (not beneficiaries)
- Holographic wills: must be entirely in testator's handwriting
Tennessee's Tax Advantages: Estate Tax Abolished
This deserves its own section because it's such a significant advantage for Tennessee estate planning.
No State Estate Tax (Since 2016)
Tennessee abolished its state estate tax — the "Tennessee Inheritance and Estate Tax" — effective January 1, 2016. This was a major legislative change that has made Tennessee increasingly attractive for retirees and high-net-worth individuals. Before 2016, Tennessee imposed an estate tax on estates exceeding $5 million (with lower rates below that threshold).
Today, Tennessee residents are only subject to the federal estate tax, with a 2026 exemption of $13.61 million per individual. The vast majority of Tennesseans — including those with substantial real estate holdings — will never owe any estate tax.
No State Income Tax
Tennessee fully phased out its state income tax on investment income (the "Hall Tax") by 2021. Tennessee has no state income tax on wages, salaries, or investment income. This makes Tennessee one of only a handful of states with neither an estate tax nor an income tax — an exceptional environment for wealth accumulation and transfer.
No Inheritance Tax
Tennessee also has no state inheritance tax. Beneficiaries who receive assets from a Tennessee estate owe no state tax on those inheritances.
Tennessee Probate: How It Works
Probate in Tennessee is handled by the Probate Court (a division of the Chancery Court or Circuit Court in most counties; dedicated Probate Courts exist in Shelby County/Memphis and Davidson County/Nashville). The process involves:
- Filing the will and a petition with the Probate Court
- Qualifying the executor (personal representative)
- Notifying creditors and settling debts (creditors have 4 months to file claims)
- Inventorying and appraising estate assets
- Distributing remaining assets to beneficiaries
Small Estate Affidavit in Tennessee
Tennessee allows simplified administration for smaller estates. Under T.C.A. § 30-4-102, estates with personal property valued at $50,000 or less may qualify for a small estate affidavit process — significantly reducing paperwork and court involvement. Real property or larger personal property estates require full probate.
Year's Support
Tennessee provides a "year's support" allowance for the surviving spouse and minor children — a sum from the estate designated to support them during the estate administration period. This is worth being aware of when planning distributions.
Best Online Will Services for Tennessee Residents
Best overall for Tennessee — clean process, includes all essential documents
Will plan from
$199
Tennessee-Compliant Documents
Self-Proving Affidavit
Healthcare Directive
Durable POA
Free Updates
Trust & Will is our top pick for Tennessee residents. It generates Tennessee-compliant documents, includes the self-proving affidavit, and provides a clear guided experience. Given Tennessee's favorable tax environment, the focus for most residents is simply getting a solid, legally valid will in place — which Trust & Will delivers reliably.
✅ Pros
- Tennessee-compliant will + affidavit
- Healthcare directive included
- Living trust available
- Free lifetime updates
❌ Cons
- Higher price than budget services
- No attorney review included
Start Your Tennessee Will at Trust & Will →
Good for Tennessee business owners who need attorney access
Will plan from
$99
TN-Compliant
Attorney Network
Business Docs
LegalZoom works well for Tennessee residents with business interests or those wanting occasional attorney access. The attorney subscription adds value for Tennessee business owners in Nashville's thriving startup ecosystem.
✅ Pros
- Attorney access option
- TN-compliant documents
- Business docs available
❌ Cons
- Upsell-heavy flow
- Update fees extra
Visit LegalZoom →
Subscription model — flexible for ongoing legal needs
From
$39.99/mo
TN Templates
Attorney Q&A
Cancel Anytime
Rocket Lawyer provides Tennessee will templates with attorney access included. Good value for those who need multiple legal documents or have occasional questions.
✅ Pros
- Unlimited docs
- Attorney Q&A
- TN-specific templates
❌ Cons
- Ongoing subscription
- Less guided
Visit Rocket Lawyer →
Most affordable option for simple Tennessee estates
From
$9.95/mo
Low Cost
TN Templates
Quick
LawDepot is the budget choice for Tennessee residents with simple estates who want a quick, low-cost solution. Tennessee's straightforward will laws make this an acceptable option for uncomplicated situations.
✅ Pros
- Very affordable
- Fast process
- TN-compliant
❌ Cons
- Subscription required
- Less depth
Visit LawDepot →
Tennessee Service Comparison
| Service | Price | Best For | Tennessee Notes |
|---|
| Trust & Will (Will Plan) | $199 | Best overall | TN-compliant, affidavit, advance directive |
| Trust & Will (Trust Plan) | $299 | Avoid probate | Living trust + pour-over will for TN |
| LegalZoom | $99+ | Attorney access | TN-compliant + attorney subscription |
| Rocket Lawyer | $39.99/mo | Multiple docs | Unlimited TN templates + Q&A |
| LawDepot | $9.95/mo | Budget/simple | TN-compliant basic will |
| TN Attorney | $800–$2,000 | Complex estates | Custom advice; best for large/business estates |
Related Resources
Frequently Asked Questions
Is an online will legal in Tennessee?
Yes. Online wills are fully legal in Tennessee under T.C.A. § 32-1-104 if they are in writing, signed by the testator (age 18+), and attested by two or more witnesses in the testator's presence. A self-proving affidavit under T.C.A. § 32-2-110 is strongly recommended.
Does Tennessee have a state estate tax?
No — and this is one of Tennessee's greatest advantages. Tennessee abolished its state estate tax effective January 1, 2016. Tennessee also has no state income tax (fully eliminated by 2021) and no inheritance tax. Only the federal estate tax applies, with a 2026 exemption of $13.61 million per individual.
How many witnesses does a Tennessee will require?
Tennessee requires at least two witnesses who must sign in the testator's presence (T.C.A. § 32-1-104). Witnesses should be adults and disinterested (not beneficiaries). A self-proving affidavit notarized under T.C.A. § 32-2-110 is highly recommended to streamline probate.
Are holographic wills valid in Tennessee?
Yes, under T.C.A. § 32-1-105. A holographic will must be written entirely in the testator's handwriting and signed — no witnesses required. However, they are more easily contested. A typed, witnessed online will is always the safer choice.
What is the Tennessee small estate threshold?
Tennessee allows simplified estate administration for personal property valued at $50,000 or less (T.C.A. § 30-4-102). Estates above this generally require formal probate in the Probate Court. Real estate always requires probate unless it passes outside the estate.
What court handles probate in Tennessee?
Tennessee probate is handled by the Probate Court (a division of Chancery or Circuit Court in most counties; dedicated Probate Courts in Shelby/Davidson counties). The process involves qualifying the executor, notifying creditors (4-month claim window), inventorying assets, and distributing to beneficiaries.
Does Tennessee recognize remote online notarization?
Yes, Tennessee enacted permanent RON legislation, allowing notarizations via audiovisual technology. This can be used for the self-proving affidavit. The will itself still requires physical witnesses in the testator's presence under the traditional execution framework.
How much does an online will cost in Tennessee?
Online will services for Tennessee residents cost $89–$199 for a complete will package. Trust & Will's will plan is $199 and includes will, power of attorney, and advance healthcare directive. Tennessee estate planning attorneys typically charge $800–$2,000 for a will package.