Tennessee Code Annotated
Tenn. Code Ann. § 32-2-110 (2026)
Affidavit of witnesses to prove will
✓ current as of May 2026
Any or all of the attesting witnesses to any will may, at the request of the testator or, after the testator's death, at the request of the executor or any person interested under the will, make and sign an affidavit before any officer authorized to administer oaths in or out of this state, stating the facts to which they would be required to testify in court to prove the will, which affidavit shall be written on the will or, if that is impracticable, on some paper attached to the will, and the sworn statement of any such witness so taken shall be accepted by the court of probate when the will is not contested as if it had been taken before the court.
Acts 1972, ch. 568, § 1; T.C.A., § 32-211.
Notes of Decisions
Cited in 13
cases (2 in the last 5 years), 1996–2024 · leading case: In Re the Est. of Stringfield, 283 S.W.3d 832 (Tenn. Ct. App. 2008).
In Re the Est. of Stringfield, 283 S.W.3d 832 (Tenn. Ct. App. 2008). “The witnesses also provided affidavits of attesting witnesses pursuant to Tenn. Code Ann. § 32-2-110 . The Trial Court held that the will was not properly executed.”
In Re Est. of Thomas Grady Chastain, 401 S.W.3d 612 (Tenn. 2012). “Tenn.Code Ann. § 32-2-110 (2007). This statute authorizes use of an affidavit of attesting witnesses in lieu of live testimony only if a will is uncontested.”
In Re Est. of Adam Randall Wilson (Tenn. Ct. App. 2024). “Tenn. Code Ann. § 32-2-110 (emphasis added).”
In Re Est. of Jimmy D. Harris (Tenn. Ct. App. 2018). “5 Tenn. Code Ann. § 32-2-110 . In the absence of such an affidavit, however, at least one witness must testify to the requirements of section 32-1-104(a) where a will is uncontested.”
In Re Est. of Joe Marce Abbott (Tenn. Ct. App. 2018). “Whether Tenn. Code Ann. § 32-2-110 applies absent the executrix’s request for affidavits from the attesting witnesses.”
In Re Est. of Charles Edward Fant, III (Tenn. Ct. App. 2017). “Whether the trial court erred in ruling that the affidavit did not meet the requirements of Tenn. Code Ann. §32-2-110 because it did not include a statement that the decedent was of sound mind and disposing memory? 2.”
Timothy Parker v. James Mark Parker (Tenn. Ct. App. 2017). “Pursuant to the amendment, wills executed prior to July 1, 2016 are validly executed if the witnesses sign an affidavit in compliance with Tenn. Code Ann. § 32-2-110 , provided that: (1) the witnesses sign contemporaneously with the testator; and (2) the affidavit contains…”
In Re Est. of Veronica Stewart, 545 S.W.3d 458 (2017). “Pursuant to the amendment, wills executed prior to July 1, 2016, are validly executed if the witness signatures are affixed to an affidavit in compliance with Tenn. Code Ann. § 32-2-110 , provided that (1) the signatures are made contemporaneously with the testator’s signature,…”
In Re Est. of Peggy Jean Semanek (Tenn. Ct. App. 2024). “(b)(1) For wills executed prior to July 1, 2016, to the extent necessary for the will to be validly executed, witness signatures affixed to an affidavit meeting the requirements of § 32-2-110 shall be considered signatures to the will, provided that: (A) The signatures are made…”
In Re Est. of Thomas Grady Chastain - Dissenting (Tenn. Ct. App. 2011). “Furthermore, the Self-Proved Will Affidavit is a separate legal document created pursuant to Tenn. Code Ann. § 32-2-110 , not Tenn. Code Ann § 32-1-104, which, as the majority states, governs the execution of non-holographic wills such as the purported Will.”
In re: Est. of Marguerite Mongold Cranor (Tenn. Ct. App. 2000). “Roaden’s and Kirkwood’s signatures on the attestation clause and on the affidavit attached to the will prepared in accordance with Tenn. Code Ann. § 32-2-110 (1984). After the dispute over Ms.”
Allison Cooke Battles & Leslie Cooke Jones v. First Union Bank, Peggy Smith, Beverly G. Pitt, Leigh Ann Howard, & Exch. Ins. Co - Concurring (Tenn. Ct. App. 1999). “The affidavit of the two witnesses would have made probate of the will easier, see Tenn. Code Ann. § 32-2-110 , but it did not add to or take from the will itself.”
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