State requirements
Making a will in Alabama
Alabama requires 2 adult witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
Notarization
Optional (affidavit)
Holographic wills
Not recognized
Self-proving affidavit
Available
Overview
Alabama has traditional will requirements. Alabama does NOT recognize holographic wills. Alabama is NOT a community property state but has elective share protections.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | Ala. Code § 43-8-130 | 18+ and of sound mind |
| Execution Requirements | Ala. Code § 43-8-131 | Written, signed, 2 witnesses |
| Self-Proving | Ala. Code § 43-8-132 | Available with affidavit |
| Elective Share | Ala. Code § 43-8-70 | Varies by circumstances |
Execution Requirements
ALABAMA WILL REQUIREMENTS:
✓ In writing
✓ Signed by testator (or at testator's direction in presence)
✓ Signed by 2 or more persons who witnessed signing
✓ Witnesses sign in testator's presence
⚠️ NO holographic wills recognized
Elective Share
ALABAMA ELECTIVE SHARE:
- If no children: All of estate
- If children/descendants: 1/2 of estate
- Also includes dower/curtesy rights
Self-Proving Affidavit
Alabama allows self-proving wills under Ala. Code § 43-8-132.
Checklist for Alabama Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 witnesses signed in testator's presence
- •[ ] Self-proving affidavit completed
Alabama will questions, answered
Can I make a will online in Alabama?
Yes. Alabama does not require a lawyer to draft a will. A will created online is valid in Alabama when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in Alabama?
Alabama requires 2 adult witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Alabama require a will to be notarized?
No. Witnesses make a will valid in Alabama, not a notary. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Alabama?
No. Alabama does not recognize holographic (unwitnessed handwritten) wills made in the state. Your will must be properly witnessed to be valid.
What makes a will legally valid in Alabama?
A valid Alabama will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses.
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Start my will — $29This page is general information about Alabama law, not legal advice. Statutes change — verify current requirements or consult a licensed Alabama attorney for complex situations.