Tennessee § 32-2-104 - Proof of will generally.
Full text of Tennessee Tennessee Code Annotated § 32-2-104 — Proof of will generally., with citation guidance and answers to common questions.
§ 32-2-104. Proof of will generally.
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. 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copy of the original will may be furnished to the witness, or in the discretion of the court, the original will may be withdrawn and used in the manner prescribed by § 32-2-103.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. Cross-References. Affidavit of witnesses to prove will, § 32-2-110 . Proof of written will, evidence, § 32-4-105 . Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 319, 320, 332, 334, 372, 1044. Tennessee Forms (Robinson, Ramsey and Harwell), No. 4-802. Tennessee Jurisprudence, 25 Tenn. Juris., Wills, §§ 12, 49, 74. Law Reviews. Decedents' Estates, Trusts and Future Interests — 1961 Tennessee Survey (II) (Herman L. Trautman), 15 Vand. L. Rev. 882 (1962). Impeachment of Witnesses In Tennessee (Donald F. Paine), 36 Tenn. L. Rev. 728 (1969). Non-Tax Aspects of Estate Planning (Ronald Lee Gilman), 2 Mem. St. U.L. Rev. 41 (1972). Wills, Trusts and Estates — 1957 Tennessee Survey (Herman L. Trautman), 10 Vand. L. Rev. 1238 (1957).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 32-2-104
What does Tennessee Code Annotated § 32-2-104 cover?
Section 32-2-104 ("Proof of will generally.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 32-2-104?
A common citation format is "Tennessee Code Annotated § 32-2-104" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 32-2-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.