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Alabama Last Will and Testament

Alabama requires two witnesses to sign a will, no notary needed unless you add the optional affidavit. Free will template, attorney review available now.

Introduction

A last will and testament is a legal document that states who receives your property after you die and names the personal representative (executor) who will administer your estate. It can also name a guardian for your minor children. In Alabama, a valid will must be in writing and signed by the testator (the person making the will), or by someone else in the testator's presence and at the testator's direction, and it must be signed by at least two witnesses who watched the testator sign or acknowledge the will (Ala. Code Section 43-8-131). Alabama does not require the will itself to be notarized; the two witnesses are what makes it valid. Alabama does, however, recognize an optional self-proving affidavit (Ala. Code Section 43-8-132), a separate sworn statement signed before a notary that lets the probate court accept the will without tracking down a witness later. Alabama does not recognize a purely handwritten, unwitnessed (holographic) will signed in the state. Any Alabama resident who is at least 18 years old and of sound mind may make a will (Ala. Code Section 43-8-130). Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property when you die and names the person (your executor, called a personal representative in Alabama probate) who will administer your estate. It can also name a guardian for minor children.

  2. 2

    Alabama requires at least two witnesses. Every will must be signed by the testator and by at least two people who each witnessed the signing or the testator's acknowledgment of the will (Ala. Code Section 43-8-131). A beneficiary can serve as one of the two witnesses without invalidating the will or losing their gift, because Alabama has no purging statute (Ala. Code Section 43-8-134), but using disinterested witnesses avoids any later dispute over credibility.

  3. 3

    A self-proving affidavit is available and needs a notary. Alabama lets you make your will self-proved under Ala. Code Section 43-8-132: the testator and both witnesses sign a sworn affidavit before an officer authorized to administer oaths, such as a notary public. A self-proved will can be admitted to probate without locating a witness to testify.

  4. 4

    Alabama does not recognize handwritten (holographic) wills made in the state. Section 43-8-131 requires two witnesses with no exception for a purely handwritten will. The only related provision, Section 43-8-135, is a choice-of-law rule that honors a will validly executed under the law of another place; it does not authorize an unwitnessed will signed in Alabama.

  5. 5

    The will itself needs witnesses, not a notary. Signing before two witnesses under Section 43-8-131 is what makes the will valid. A notary is used only if you also complete the optional self-proving affidavit under Section 43-8-132.

  6. 6

    You must be at least 18 and of sound mind. Ala. Code Section 43-8-130 lets any person 18 or older who is of sound mind make a will.

  7. 7

    A will can be revoked by a later will or by a physical act. Ala. Code Section 43-8-136 lets a later will revoke an earlier one, expressly or by inconsistency, or lets the testator revoke a will by burning, tearing, canceling, obliterating, or destroying it with the intent to revoke. Divorce or annulment automatically revokes any gift or appointment to a former spouse unless the will says otherwise (Ala. Code Section 43-8-137).

Key decisions before you file

Before you file a Last Will and Testament in Alabama, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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ALABAMA LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [YOUR FULL LEGAL NAME], a resident of [COUNTY] County, Alabama, being at least 18 years old and of sound mind, declare this to be my Last Will and Testament. I revoke all prior wills and codicils I have made.

  2. APPOINTMENT OF PERSONAL REPRESENTATIVE (EXECUTOR) I appoint [NAME] as the personal representative (executor) of my estate, the person who will carry out this will and administer my estate. If [NAME] is unable or unwilling to serve, I appoint [SUCCESSOR NAME] as successor personal representative. I direct that my personal representative serve without bond to the extent Alabama law allows.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests: who receives which property, including real estate, bank or investment accounts, vehicles, and personal belongings.]

  4. RESIDUARY ESTATE I give the residuary estate, meaning everything I own that is not specifically given above, to [BENEFICIARY NAME(S)], and if that beneficiary does not survive me, to [ALTERNATE BENEFICIARY].

  5. GUARDIAN FOR MINOR CHILDREN (if applicable) If I have minor children at my death, I nominate [GUARDIAN NAME] as guardian, and [ALTERNATE GUARDIAN NAME] as alternate guardian.

  6. ATTESTATION CLAUSE I signed this will in the presence of the two witnesses below, and each witness signed in my presence and in the presence of the other witness, as required by Ala. Code Section 43-8-131. Under Alabama law a beneficiary may serve as a witness without invalidating the will or losing a gift (Ala. Code Section 43-8-134), but choosing witnesses who receive nothing under this will is the safer practice.

Signed: _____________________________ Date: [DATE] [YOUR FULL LEGAL NAME], Testator

Witness 1: _____________________________ Date: [DATE] Printed name: [WITNESS 1 NAME] Address: [WITNESS 1 ADDRESS]

Witness 2: _____________________________ Date: [DATE] Printed name: [WITNESS 2 NAME] Address: [WITNESS 2 ADDRESS]

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Alabama recognizes a self-proving affidavit under Ala. Code Section 43-8-132. Signing it before a notary lets the probate court accept the will without locating a witness later. It does not replace the two witness signatures above; it is signed in addition to them.

State of Alabama, County of [COUNTY] We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being sworn, declare to the undersigned officer that the testator signed the will as a free and voluntary act, and that each witness signed as witness in the presence of the testator and of each other.

_____________________________ Testator _____________________________ Witness 1 _____________________________ Witness 2

Sworn before me on [DATE].

[NOTARY NAME], Notary Public, State of Alabama My commission expires: [DATE]

Note: This document is governed by the Alabama Probate Code, Ala. Code Sections 43-8-130 through 43-8-137. A will requires two witnesses, not a notary; a notary is used only for this optional self-proving affidavit. Alabama does not recognize a handwritten, unwitnessed (holographic) will signed in the state (Ala. Code Section 43-8-131). Even though an interested witness does not void an Alabama will, avoid naming a beneficiary as a witness where practical to prevent any later challenge. This is an Alabama skeleton for a last will and testament. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Alabama in about a minute, and notarize it online through DocDraft if it does.

Alabama Requirements for Last Will and Testament

Sign in Front of Two Witnesses

Every Alabama will must be signed by the testator and by at least two witnesses who each watched the testator sign the will or acknowledge the signature or the will itself (Ala. Code Section 43-8-131). Fewer than two witnesses makes the will invalid.

An Interested Witness Does Not Invalidate the Will

Alabama has no purging statute: a will or any provision is not invalid because it is signed by an interested witness, and a beneficiary who witnesses does not forfeit their gift (Ala. Code Section 43-8-134). Using disinterested witnesses is still the safer practice to avoid a later credibility dispute.

No Notary Is Required for the Will Itself

An Alabama will is made valid by the testator's signature and two witness signatures under Ala. Code Section 43-8-131. A notary is not required to make the will itself valid.

Self-Proving Affidavit Requires a Notary

Alabama lets you make a will self-proved by having the testator and both witnesses sign an affidavit before an officer authorized to administer oaths, such as a notary public, under official seal (Ala. Code Section 43-8-132). This is optional, but a self-proved will can be admitted to probate without locating a witness.

Handwritten (Holographic) Wills Are Not Valid

Alabama does not recognize a purely handwritten, unwitnessed will signed in the state; Section 43-8-131 requires two witnesses with no holographic exception. Section 43-8-135 only validates a will executed under the law of another place, not an unwitnessed will signed in Alabama.

Testator Must Be 18 and of Sound Mind

Any person 18 years of age or older who is of sound mind may make a will in Alabama (Ala. Code Section 43-8-130).

Revoke by a Later Will or by a Physical Act

A will can be revoked by a subsequent will that revokes it expressly or by inconsistency, or by burning, tearing, canceling, obliterating, or destroying the will with the intent to revoke it (Ala. Code Section 43-8-136). If someone other than the testator performs the physical act, the testator's consent and direction must be proved by at least two witnesses.

Divorce Automatically Revokes Gifts to a Former Spouse

If the testator divorces or has the marriage annulled after signing the will, the divorce or annulment automatically revokes any gift, power of appointment, or executor nomination given to the former spouse, unless the will expressly says otherwise; the gift is revived only if the testator remarries the former spouse (Ala. Code Section 43-8-137).

Does your Last Will and Testament need to be notarized in Alabama?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

Alabama requires at least two witnesses. Each witness must watch the testator sign the will or acknowledge the signature or the will itself (Ala. Code Section 43-8-131). A beneficiary can be one of the two witnesses without voiding the will, because Alabama has no purging statute (Section 43-8-134), but choosing disinterested witnesses avoids any later challenge.

No. An Alabama will is made valid by the testator's signature and the signatures of two witnesses (Ala. Code Section 43-8-131), not a notary. A notary is used only for the optional self-proving affidavit (Ala. Code Section 43-8-132), a separate sworn statement that makes probate faster but is not required for the will to be valid.

No. Alabama does not recognize a purely handwritten, unwitnessed will signed in the state. Ala. Code Section 43-8-131 requires two witnesses with no holographic exception. Section 43-8-135 only honors a will validly executed under the law of another state or country; it is not an in-state holographic authorization.

Write out who receives your property, name a personal representative (executor) to administer your estate, and sign the will in the presence of at least two witnesses who also sign it (Ala. Code Section 43-8-131). You can also add a self-proving affidavit sworn before a notary (Section 43-8-132) so the court does not need to locate a witness at probate.

An Alabama will is valid when it is in writing, signed by the testator (or by someone else in the testator's presence and at their direction), and signed by at least two witnesses who watched the signing or the testator's acknowledgment of it (Ala. Code Section 43-8-131). The testator must also be at least 18 and of sound mind (Section 43-8-130).

A self-proving affidavit is a sworn statement, signed by the testator and both witnesses before an officer authorized to administer oaths such as a notary, that lets the probate court accept the will without calling a witness to testify (Ala. Code Section 43-8-132). It can be signed at the same time as the will or added later, but it is optional, not required.

You must be at least 18 years old and of sound mind to make a will in Alabama (Ala. Code Section 43-8-130).

You can revoke an Alabama will by signing a later will that revokes it expressly or by inconsistency, or by a physical act such as burning, tearing, canceling, obliterating, or destroying the will with the intent to revoke it (Ala. Code Section 43-8-136). Divorce or annulment also automatically revokes any gift or appointment to a former spouse unless the will provides otherwise (Section 43-8-137).