Last Will and Testament in Alabama
A simple will form for straightforward estates. A will is valid only if it is signed and witnessed exactly as your state requires (below); one that is not executed correctly may be ignored by the court. Larger estates, blended families, trusts for minor children or business interests are worth a lawyer's review.
What Alabama law says
| 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. |
|---|---|
| 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 |
| 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 |
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LAST WILL AND TESTAMENT OF [your full name]
I, [your full name], of [city, county and state], being of sound mind, make this my will and revoke all earlier wills and codicils.
1. Executor. I name [executor name] as personal representative (executor). If they cannot serve, I name [alternate executor name].
2. Specific gifts. I give [item or amount] to [beneficiary name].
3. Everything else. I give the rest of my property to [beneficiaries and shares]. If a beneficiary does not survive me by 30 days, their share goes to [alternate beneficiary].
4. Guardian. If I have minor children, I name [guardian name] as guardian, and [alternate guardian name] as alternate.
Signed on [date signed] at [city and state]. Signature: ____________________
Witnesses: we signed below in the presence of the person making this will and of each other, as required by state law. Witness 1: [witness 1 name and address] ____________ Witness 2: [witness 2 name and address] ____________
[Notary or self-proving affidavit, if your state provides one]
Last Will and Testament for other states · Alabama tenant rights
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.