Can a last will and testament be handwritten? Does it have to be notarized to be legal? ...

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Can a last will and testament be handwritten? Does it have to be notarized to be legal? We are in the state of TN.

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A handwritten will, otherwise

A handwritten will, otherwise referred to as a holographic will, is recognized as valid in the state of Tennessee as long as it meets certain requirements. First, the holographic will must be in the testator’s handwriting. The testator is the author of the will and the individual designating with whom to give property upon death. More specifically, Tennessee requires all material provisions of the will to be in the testator’s handwriting. Material provisions include the division of the testator’s property upon death and whether the testator is purposefully excluding a family member from the will. In addition, according to Tennessee Code 32-1-105, the holographic will must be signed by the testator. During probate, the court will ask for two witnesses to verify the testator’s signature. These witnesses may include family members or business associates, but it is best if the two witnesses are disinterested meaning they do not have any claim in the testator’s will. The state of Tennessee has no requirement that the will be notarized. However, it is possible to complete a self-proving will , in the form of an affidavit, which does require the assistance of a notary. A self proving will allows probate to move quickly. To complete an affidavit to make a will self proving, you and two witnesses must sign the affidavit which states that the testator is the individual that signed the will and the two witnesses are aware of the testator’s signature. This allows the probate court to skip the step of contacting the witnesses to prove the validity of the holographic will. However, an individual that is executing a holographic will may not have the time to complete this step. If you have any additional questions concerning the validity of a holographic will, contact your local probate court. For example, if you live in Shelby County, you can visit the Shelby County’s website, http://probate.shelbycountytn.gov/wills.htm.

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A handwritten will, otherwise

A handwritten will, otherwise referred to as a holographic will, is recognized as valid in the state of Tennessee as long as it meets certain requirements. First, the holographic will must be in the testator’s handwriting. The testator is the author of the will and the individual designating with whom to give property upon death. More specifically, Tennessee requires all material provisions of the will to be in the testator’s handwriting. Material provisions include the division of the testator’s property upon death and whether the testator is purposefully excluding a family member from the will. In addition, according to Tennessee Code 32-1-105, the holographic will must be signed by the testator. During probate, the court will ask for two witnesses to verify the testator’s signature. These witnesses may include family members or business associates, but it is best if the two witnesses are disinterested meaning they do not have any claim in the testator’s will. The state of Tennessee has no requirement that the will be notarized. However, it is possible to complete a self-proving will , in the form of an affidavit, which does require the assistance of a notary. A self proving will allows probate to move quickly. To complete an affidavit to make a will self proving, you and two witnesses must sign the affidavit which states that the testator is the individual that signed the will and the two witnesses are aware of the testator’s signature. This allows the probate court to skip the step of contacting the witnesses to prove the validity of the holographic will. However, an individual that is executing a holographic will may not have the time to complete this step. If you have any additional questions concerning the validity of a holographic will, contact your local probate court. For example, if you live in Shelby County, you can visit the Shelby County’s website, http://probate.shelbycountytn.gov/wills.htm.