How to Make a Valid Will in Alabama

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. Any person 18 or more years of age who is of sound mind may make a will. (Ala. Code § 43-8-130.) Alabama courts construe 'sound mind' as requiring the testator to understand: (1) the nature of the testamentary act, (2) the nature and extent of their property, and (3) 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. Any person generally competent to be a witness may act as a witness to a will (Ala. Code § 43-8-134(a)). Each witness must sign the will, having witnessed either the signing or the testator's acknowledgment of the signature or of the will; Alabama Code § 43-8-131 imposes no 'within a reasonable time' requirement for witness signatures — that language appears in the 2008 UPC revision which Alabama has not adopted.

Interested witnesses: A will or any provision thereof is not invalid because the will is signed by an interested witness (Ala. Code § 43-8-134(b))

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 acknowledgments and affidavits before an officer authorized to administer oaths under the laws of the state where execution (or subsequent acknowledgment) occurs, evidenced by the officer's certificate under official seal attached or annexed to the will; may be accomplished simultaneously with execution or at any time after execution of an attested will (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 person in the testator's presence by the testator's consent and direction; if the physical act is performed by someone other than the testator, the testator's consent and direction must be proved by at least two witnesses

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)