Tennessee Code Annotated

Tenn. Code Ann. § 32-2-104 (2026)

Proof of will generally

✓ current as of May 2026

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(a) Written wills with witnesses, when not contested, shall be proved by at least one of the subscribing witnesses, if living. Every last will and testament, written or nuncupative, when contested, shall be proved by all the living witnesses, if to be found, and by such other persons as may be produced to support it.

(b) Upon petition of any interested party, the court, in its discretion, may permit the proof of any subscribing witness who is outside of the state or county or who is unable to testify in person, to be taken by interrogatories or deposition in the same manner as provided in chancery cases. For the purpose of taking interrogatories or depositions a photostatic copy of the original will may be furnished to the witness, or in the discretion of the court, the original will may be withdrawn and used in the manner prescribed by § 32-2-103.

Code 1858, §§ 2171, 2172 (deriv. Acts 1789, ch. 23, § 1); Shan., §3904; Code 1932, § 8102; C. Supp. 1950, § 8102; Acts 1953, ch. 69, § 1; T.C.A. (orig. ed.), § 32-204.

Notes of Decisions

Cited in 10 cases (3 in the last 5 years), 1987–2026 · leading case: In Re Est. of Boote, 198 S.W.3d 699 (Tenn. Ct. App. 2005).

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In Re Est. of Boote, 198 S.W.3d 699 (Tenn. Ct. App. 2005). · cites it 4× “Tenn.Code Ann. § 32-2-104(b) (2001); 1 PRITCHARD § 346, at 527-29.”

Owen v. Stanley, 739 S.W.2d 782 (Tenn. Ct. App. 1987). · cites it 6× “They argue that de *786 ciding a will contest on affidavits, depositions, answers to interrogatories or requests for admissions is contrary to the requirement in Tenn.Code Ann. § 32-2-104(a) that a will’s proponents must prove the execution of the contested will by presenting…”

Williams v. King, 760 S.W.2d 208 (Tenn. 1988). · cites it 4× “Proponent’s counsel came to court, with one of the attesting witnesses in tow, relying, as he says, on the provisions of T.C.A. § 32-2-104(a), providing that written wills with witnesses thereto, when not contested, shall be proved by at least one of the subscribing witnesses,…”

In Re Est. of Veronica Stewart, 545 S.W.3d 458 (2017). · cites it 7× “-4- In February 2015, this court rendered a decision in a will contest, the facts of which are substantially similar to those at issue here, and the execution requirements outlined in Tenn. Code Ann. § 32-2-104 were dispositive of the case.”

William Kenneth Wade v. Robert Crosslin (Tenn. Ct. App. 2026). · cites it 4× “” The requirements for proving that a contested will is valid are set forth in Tennessee Code Annotated §§ 32-2-104 and 32-4-105. Section 32-2-104(a) (West October 1, 2007, to current) provides that a last will and testament -5- when contested, shall be proved by all the living…”

In the Matter of the Est. of Dennis R. Woolverton (Tenn. Ct. App. 2014). · cites it 6× “Tenn. Code Ann. § 32-2-104 (2013)(emphasis added).”

In Re Est. of Jimmy D. Harris (Tenn. Ct. App. 2018). · cites it 2× “See Tenn. Code Ann. § 32-2-104 (a) (“Written wills with witnesses, when not contested, shall be proved by at least one of the subscribing witnesses, if living.”

In Re Est. of Adam Randall Wilson (Tenn. Ct. App. 2024). · cites it 2× “They argue that deciding a will contest on affidavits, depositions, answers to interrogatories or requests for admissions is contrary to the requirement in Tenn. Code Ann. § 32-2-104 (a) that a will’s proponents must prove the execution of the contested will by presenting the…”

Rutherford Cnty. v. Martha Wilson (Tenn. Ct. App. 2002). · cites it 2× “Wilson predeceased his mother, Tenn. Code Ann. § 32-2-104 (1998) preserves his interest to his surviving issue, Diane Wilson McCord,35 but not to his widow.”

In Re Est. of Barbara Jean Huff (Tenn. Ct. App. 2025). “§ 32-2-104(a) (2021). A couple of months later, by agreed order, the court granted Mr.”

— Tenn. Code Ann. § 32-2-104(a) — 5 cases

Owen v. Stanley, 739 S.W.2d 782 (Tenn. Ct. App. 1987). “They argue that de *786 ciding a will contest on affidavits, depositions, answers to interrogatories or requests for admissions is contrary to the requirement in Tenn.Code Ann. § 32-2-104(a) that a will’s proponents must prove the execution of the contested will by presenting…”

Williams v. King, 760 S.W.2d 208 (Tenn. 1988). “Proponent’s counsel came to court, with one of the attesting witnesses in tow, relying, as he says, on the provisions of T.C.A. § 32-2-104(a), providing that written wills with witnesses thereto, when not contested, shall be proved by at least one of the subscribing witnesses,…”

William Kenneth Wade v. Robert Crosslin (Tenn. Ct. App. 2026). “” The requirements for proving that a contested will is valid are set forth in Tennessee Code Annotated §§ 32-2-104 and 32-4-105. Section 32-2-104(a) (West October 1, 2007, to current) provides that a last will and testament -5- when contested, shall be proved by all the living…”

In Re Est. of Barbara Jean Huff (Tenn. Ct. App. 2025). “§ 32-2-104(a) (2021). A couple of months later, by agreed order, the court granted Mr.”

In the Matter of the Est. of Dennis R. Woolverton (Tenn. Ct. App. 2014). “Tenn. Code Ann. § 32-2-104 (2013)(emphasis added).”

— Tenn. Code Ann. § 32-2-104(b) — 2 cases

In Re Est. of Boote, 198 S.W.3d 699 (Tenn. Ct. App. 2005). “Tenn.Code Ann. § 32-2-104(b) (2001); 1 PRITCHARD § 346, at 527-29.”

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