How to Make a Valid Will in Alabama
What Alabama law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: Anyone 18 or older who is of sound mind may make a will. The will must be in writing, signed by the will-maker (or by someone else in the will-maker's name, in their presence and at their direction), and signed by at least two witnesses who each saw the signing or the will-maker's… Ala. Code §§ 43-8-130, 43-8-131, 43-8-135
| Requirements for a valid will | Anyone 18 or older who is of sound mind may make a will. The will must be in writing, signed by the will-maker (or by someone else in the will-maker's name, in their presence and at their direction), and signed by at least two witnesses who each saw the signing or the will-maker's acknowledgment of the signature or the will. A will signed elsewhere is also valid if it met the law of the place where it was signed, or of the will-maker's domicile or residence. |
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| Handwritten (holographic) wills | Alabama law has no exception for handwritten wills: a will signed in Alabama must have two witnesses even if it is entirely handwritten. A handwritten will made where such wills are valid (the place of signing, or the will-maker's domicile or residence) can still be accepted. Source: Ala. Code §§ 43-8-131, 43-8-135 |
| Self-proving affidavit | Yes. A will can be made self-proved when it is signed, or at any later time, by the will-maker's acknowledgment and the witnesses' sworn affidavits before a notary or other officer authorized to give oaths. The statute provides the wording of the certificate. Source: Ala. Code § 43-8-132 |
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FAQ
What makes a will valid in Alabama?
Anyone 18 or older who is of sound mind may make a will. The will must be in writing, signed by the will-maker (or by someone else in the will-maker's name, in their presence and at their direction), and signed by at least two witnesses who each saw the signing or the will-maker's acknowledgment of the signature or the will. A will signed elsewhere is also valid if it met the law of the place where it was signed, or of the will-maker's domicile or residence.
Is a handwritten will valid in Alabama?
Alabama law has no exception for handwritten wills: a will signed in Alabama must have two witnesses even if it is entirely handwritten. A handwritten will made where such wills are valid (the place of signing, or the will-maker's domicile or residence) can still be accepted.
Does a will need to be notarized in Alabama?
Yes. A will can be made self-proved when it is signed, or at any later time, by the will-maker's acknowledgment and the witnesses' sworn affidavits before a notary or other officer authorized to give oaths. The statute provides the wording of the certificate.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.