How to Make a Valid Will in Alabama
Alabama has specific rules about who can make a will, how it must be signed, how many witnesses are needed, and whether notarization is required. Here's everything you need to know about creating a valid last will and testament in AL.
Alabama Will Requirements at a Glance
Who Can Make a Will in Alabama?
You must be at least 18 years old to make a will in Alabama. No statutory exceptions for minors. The testator must be of sound mind, understanding the nature of the testamentary act, the nature and extent of their property, and the persons who are the natural objects of their bounty
Signing Requirements
Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another person may sign in the testator's presence and by the testator's direction (Ala. Code § 43-8-131).
Witness Requirements in Alabama
Alabama requires 2 witnesses. Must be competent witnesses. Each witness must sign within a reasonable time after witnessing the signing or the testator's acknowledgment of the signature or the will.
Interested witnesses: An interested witness does not invalidate the will (Ala. Code § 43-8-134)
Notarization in Alabama
Notarization is not required for a will to be valid in Alabama. Not required for validity; used for self-proving affidavit
Self-Proving Affidavit
Alabama allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public (Ala. Code § 43-8-132)
Handwritten (Holographic) Wills
Alabama does not recognize holographic wills. Holographic wills are not recognized in Alabama
Electronic Wills
Alabama does not currently recognize electronic wills. Alabama does not currently have an electronic wills statute
How to Revoke a Will in Alabama
In Alabama, a will can be revoked by:
- •Executing a subsequent will that revokes the prior will expressly or by inconsistency
- •Performing a revocatory act (burning, tearing, canceling, obliterating, or destroying) by the testator or by another at the testator's direction and in their presence
Ala. Code § 43-8-136
Special Provisions in Alabama
Alabama is a separate property/common law state. Surviving spouse has an elective share. Alabama adopted provisions based on the Uniform Probate Code
Relevant Alabama Statutes
- Ala. Code § 43-8-130 (Who may make a will)
- Ala. Code § 43-8-131 (Execution of wills)
- Ala. Code § 43-8-132 (Self-proved wills)
- Ala. Code § 43-8-134 (Interested witnesses)
- Ala. Code § 43-8-136 (Revocation)
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