Detailed Answer

Short answer: If a will is not properly signed under Tennessee law, the probate court may refuse to admit it. When that happens, the decedent’s property that would have passed by the will typically passes instead under Tennessee’s intestacy rules, unless other non-probate instruments (trusts, beneficiary designations, joint accounts) control. The probate process then proceeds without the invalid will, and the court will appoint an administrator or otherwise follow statutory rules to distribute assets.

How Tennessee decides whether a will is valid

Tennessee law sets formal requirements for a valid will (such as signature and witness requirements). The probate court reviews a document offered as a will to make sure it meets those statutory formalities. See Tennessee’s probate/will statutes for the governing rules: Tenn. Code Ann. Title 32, Chapter 1 — Wills and the specific provision on execution and attestation (commonly cited for formalities) at Tenn. Code Ann. § 32-1-104.

What “not properly signed” typically means

• The document lacks the decedent’s signature where required.
• The decedent didn’t sign in the presence of required witnesses (or the witnesses didn’t sign).
• A required notarial attestation or self-proving affidavit is missing (if state law requires or the form used one).

If any of those formalities is missing, the court may rule the instrument invalid as a will.

Immediate practical consequences if the court treats the will as invalid

• Intestate distribution. The estate is distributed under Tennessee’s intestacy rules instead of under the will. Those rules identify heirs (spouse, children, parents, siblings, etc.) and the shares they receive. See the intestacy provisions in Tennessee law for detail: Tenn. Code Ann. Title 31 — Intestate Succession and Related Rules.
• Appointment of an administrator. If no valid executor named by a will exists, the court appoints an administrator (often a close relative) to handle estate administration.
• Some property may pass outside probate. Assets with beneficiary designations (life insurance, IRAs), accounts with payable-on-death/joint tenancy designations, or assets held in a valid trust will pass according to those instruments regardless of the will’s status.
• Possible litigation. Interested persons (heirs, beneficiaries, named executor) may sue to contest the court’s decision or advance alternate legal theories (for example, claiming the document is a valid holographic will, arguing undue influence, or seeking to reform or enforce an instrument as a nonprobate transfer). Litigation raises cost, delay, and uncertainty for the estate.

Can a defective signature be fixed or the document “saved”?

Under some circumstances, courts in various states apply doctrines like “substantial compliance,” “harmless error,” or may admit holographic wills (handwritten and signed by the decedent) even when formalities are imperfect. Whether Tennessee permits these remedial doctrines, and the exact test the court uses, depends on state law and case decisions. Parties sometimes present extra evidence (witness affidavits, copies of the document, prior consistent drafts, emails) to show the decedent intended the document to be a will and to persuade the court to admit it despite a formal defect.

Check Tennessee will-execution rules and recent case law to learn which remedies may apply in a given case. A place to start in the statutes is the materials collected under Title 32: Tenn. Code Ann. Title 32, Chapter 1.

Secondary legal consequences

• Creditor claims. Whether or not a will is admitted, the personal representative must handle creditor claims under Tennessee’s probate rules.
• Estate taxes and administrative duties. The administrator or executor still has duties: locate assets, pay taxes and debts, and distribute property according to law.
• Equitable claims. Beneficiaries named in a defective will sometimes pursue equitable remedies (constructive trust, unjust enrichment) if assets were knowingly diverted in a manner inconsistent with rights they would have had.

Typical timeline and next steps

1. File the document with the probate court. The court decides whether to admit it.
2. If the court declines admission, the court opens an intestate administration or proceeds under existing nonprobate instruments.
3. Interested persons should move quickly to preserve rights (file timely objections or contests, protect estate property, and gather evidence).

Because probate procedures and deadlines vary, consult an attorney promptly if you are an interested person in an estate matter.

Example (hypothetical)

Mary dies leaving a typed document that names beneficiaries but lacks her signature and two witness signatures. The court reviews the document. Unless the probate judge finds another legal basis to admit it (for example, convincing evidence Mary intended the paper to be her will and Tennessee law allows admission on that basis), the court will likely refuse admission. Mary’s assets that are not controlled by a trust or beneficiary designation then pass according to Tennessee’s intestacy law. An administrator will be appointed to complete the estate administration.

Note: Specific outcomes depend on detailed facts and case law; the above is a general guide.

Disclaimer: This article explains general Tennessee law concepts for education only. It is not legal advice. For advice about a specific situation, consult a licensed Tennessee probate attorney.

Helpful Hints

• Find the original document. Probates usually require the original will; copies can be weaker evidence.
• Gather witnesses. If witnesses saw the decedent sign, collect sworn statements or affidavits quickly.
• Check nonprobate transfers. Review bank accounts, retirement plans, insurance policies, and trusts to see which assets bypass probate.
• Act fast on contests. Probate timelines and notice requirements are strict. Missing deadlines can forfeit rights.
• Keep estate property secure. Prevent dissipation while the court decides validity.
• Hire a Tennessee probate attorney. An attorney can evaluate whether a defective will might be admitted under Tennessee law or whether other remedies exist.
• Bring evidence of intent. Emails, drafts, and communications showing the decedent’s intent can be crucial if formalities are incomplete.
• Beware of family disputes. Early mediation or counsel can prevent prolonged, costly litigation.