Are electronic signatures valid?

Electronic signatures are generally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA in most states; however certain categories such as wills and related testamentary documents are commonly excluded from e-signature coverage and require traditional execution methods.

Do wills need witnesses or notarization?

Wills typically require witness signatures under state law and may use self-proving affidavits to simplify probate. Because testamentary formalities are often excepted from electronic signatures, follow Tennessee-specific execution rules and consult the probate clerk before e-signing.

How long must records be kept?

Retention depends on document type: tax-related records three years (IRC §6501(a)), HIPAA-covered records six years (45 CFR §164.530(j)). Maintain original signed documents per these standards and any longer state or industry retention requirements.

What if a signer’s name differs from ID?

Mismatched names create credibility issues and may trigger re-execution or notarized affidavits of identity. Always record the legal name and any known aliases or married names to avoid administrative rejection.

Is remote notarization acceptable?

Remote online notarization (RON) laws vary by state. If relying on RON, confirm Tennessee’s notary regulations and required identity-proofing, audio-video recording, and retention obligations before proceeding.

How can the document be corrected later?

Typical remedies include amendment, codicil, or re-execution depending on document type. For testamentary instruments, consult probate counsel; for contracts, prepare a signed amendment referencing the original instrument.

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Tennessee Code Annotated 32-11-106

Tennessee Code Annotated 32-11-106

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What Tennessee Code Annotated 32-11-106 Covers

Tennessee Code Annotated 32-11-106 is a statutory provision within Tennessee law. This page summarizes its practical effect, who is governed by it, common procedural implications, and how to prepare associated documents correctly. It focuses on compliance, execution, notarization and recordkeeping expectations practitioners and private parties typically encounter when relying on or referencing the statute in estate, real estate, or administrative contexts.

Why this statute matters for document handling

Understanding Tennessee Code Annotated 32-11-106 helps reduce execution errors, informs notarization and witness steps, and clarifies retention and admissibility considerations that affect probate, real estate, and other legal processes.

Who typically needs to consult this provision

The statute is most relevant to practitioners and parties preparing or processing formal instruments in Tennessee.

Estate attorneys and probate clerks — preparing wills, codicils, and related filings in Tennessee courts.
Personal representatives and executors — ensuring executed documents meet state formalities before probate submission.
Notaries and signing agents — confirming acknowledgement, witness, and recording steps align with Tennessee rules.

When in doubt, confirm local clerk or notary guidance and preserve original signed records according to statutory retention rules.

Step-by-step: Confirm applicability and prepare compliant documents

Follow these sequential steps when a transaction or filing invokes the statute.

01

Check applicability: Confirm the statute applies to your specific instrument and transaction context.
02

Gather information: Collect legal names, dates, signer roles, witness details, and ID documentation.
03

Execute properly: Have parties sign, witness, and notarize per Tennessee requirements and the document text.
04

Retain and file: Keep originals and submit to the appropriate clerk or recorder as required.

Common questions and practical answers

Concise answers to frequent issues encountered when preparing or relying on documents connected to Tennessee Code Annotated 32-11-106.

Need help? Contact support

Are electronic signatures valid?
Electronic signatures are generally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA in most states; however certain categories such as wills and related testamentary documents are commonly excluded from e-signature coverage and require traditional execution methods.
Do wills need witnesses or notarization?
Wills typically require witness signatures under state law and may use self-proving affidavits to simplify probate. Because testamentary formalities are often excepted from electronic signatures, follow Tennessee-specific execution rules and consult the probate clerk before e-signing.
How long must records be kept?
Retention depends on document type: tax-related records three years (IRC §6501(a)), HIPAA-covered records six years (45 CFR §164.530(j)). Maintain original signed documents per these standards and any longer state or industry retention requirements.
What if a signer’s name differs from ID?
Mismatched names create credibility issues and may trigger re-execution or notarized affidavits of identity. Always record the legal name and any known aliases or married names to avoid administrative rejection.
Is remote notarization acceptable?
Remote online notarization (RON) laws vary by state. If relying on RON, confirm Tennessee’s notary regulations and required identity-proofing, audio-video recording, and retention obligations before proceeding.
How can the document be corrected later?
Typical remedies include amendment, codicil, or re-execution depending on document type. For testamentary instruments, consult probate counsel; for contracts, prepare a signed amendment referencing the original instrument.

Comparison: signNow and competitor eSignature plans

Basic vendor pricing and feature indicators that influence choice for executing and distributing Tennessee documents; signNow listed first per comparison conventions.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	Yes, 7-day free trial	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	Varies
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Security and compliance essentials to note

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest

Certifications: SOC 2 Type II and ISO 27001 certified

HIPAA Support: HIPAA compliant; Business Associate Agreement available

Regulatory Support: 21 CFR Part 11 and ESIGN/UETA compliance

Accessibility: WCAG 2.0 Level AA accessibility conformance

Data Controls: Granular audit trail and access controls

Penalties and risk exposures to be aware of

1099 Late Filing: $60–$330 per form

Intentional Disregard: $660+ per form, no cap

I-9 Paperwork: $281–$2,789 per violation

Notary Noncompliance: Invalidated instrument risk

Name Mismatch: Re-execution or administrative rejection

Improper E-Sign: Evidence challenges in court

Common preparation mistakes that cause delays

Leaving witness or notary fields incomplete, which can force re-execution or delay probate and recording processes and increase administrative costs.
Using inconsistent legal names between instruments and government ID, producing identity disputes or rejection by recorders and clerks.
Assuming electronic signatures apply to testamentary instruments without confirming statutory exceptions or probate clerk guidance before execution.
Failing to retain required supporting records or audio-video RON logs, risking noncompliance with identity proofing and retention rules.

How electronic execution and routing typically works

A standard online signing workflow reduces turnaround while capturing evidence necessary for enforceability.

Upload Document: Sender uploads the instrument to the eSignature platform.
Place Fields: Add signature, initials, date, witness, and notary fields.
Sign and Authenticate: Signer authenticates and completes required signing steps.
Capture Audit Trail: Platform records timestamps, IP, and action log for evidentiary support.

Field	Configuration
Signature Type	Specify visible signature and audit-backed electronic record
Authentication	Use email plus SMS or KBA for higher assurance
Retention	Enable long-term storage and export of audit records
Integrations	Connect to CRM or document repository for indexed records

Key elements a compliant instrument should include

A professionally prepared document reduces ambiguity and speeds administrative acceptance; these elements are commonly required or recommended.

Clear Title

A descriptive title that identifies the instrument and its purpose, aiding clerks and indexing systems.

Parties Identified

Full legal names, roles, and contact details for all signatories and relevant agents or representatives.

Signature Blocks

Dedicated signature and date lines for each signer, plus printed name and capacity when signing on behalf of an entity.

Witness Lines

Spaces for witness signature, printed name, and address when state law or the instrument requires witnesses.

Notary Acknowledgement

Complete notary block with jurisdiction, commission number, and official wording required by the recorder.

Governing Law

Choice of law clause specifying Tennessee or another state to govern interpretation and disputes.

Practical tips to avoid common execution problems

Adopt consistent habits that reduce rework and ensure documents meet clerk and court expectations.

Verify Identities and Names

Confirm signers present government-issued ID when required, and record legal names exactly. This prevents identity disputes and administrative rejections.

Use Self-Proving Affidavits

For testamentary instruments, include self-proving affidavits when permitted to reduce the need for witness testimony at probate.

Match Notarial Wording

Use the exact notary acknowledgement wording prescribed by Tennessee or the jurisdiction where recording will occur to ensure acceptance.

Preserve Audit Evidence

If using electronic signing or RON, retain audit logs, identity proofing records, and any recorded audio-video sessions for evidentiary support.

Real-world examples of secure, compliant execution

How organizations and practitioners solved execution and distribution challenges while preserving legal evidence.

Optica Ventures LLC — Brian Fitzgibbons

Optica transitioned signature workflows to improve client turnaround and compliance

The interface is simple and easy-to-use for our team
As a result the firm reduced processing time and ensured customers received a consistent, auditable executed instrument.

Martin Properties — Tim Martin

A real estate firm adopted online signing for remote closings

I can process and execute all of these documents online with 100% compliance and built-in security
The practice sped deal completion and preserved required notarial and witness evidence for recordation.

Representative users and their priorities

Estate Attorney

Estate attorneys prioritize formal compliance, precise witness and affidavit language, and defensible preservation of signature and notary evidence to avoid contested probate outcomes.

Personal Representative

Executors focus on obtaining properly executed originals, filing probate documents on time, and retaining proof of execution to satisfy clerks and potential beneficiaries.

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