No — a will does not have to be notarized to be legally valid in Alabama. Alabama law requires a will to be in writing, signed by the testator, and witnessed by two people. Notarization is not required for validity. However, having a notarized "self-proving affidavit" attached to your will is strongly recommended because it significantly speeds up the probate process.
Alabama will requirements — what is actually required
Under Alabama's Probate Code (Title 43, Chapter 8), a valid last will and testament must meet these requirements:
- Must be in writing — oral wills are generally not valid in Alabama
- The testator must be at least 18 years old (or a legally emancipated minor)
- The testator must be of sound mind at the time of signing
- Must be signed by the testator, or by another person at the testator's direction in their presence
- Must be witnessed by two people who sign in the testator's presence
That's it. Notarization is not on this list. A will signed by the testator and two witnesses is legally valid in Alabama without a notary.
So why does everyone recommend notarizing a will?
Because of the self-proving affidavit — and the difference it makes when your will goes through Alabama probate court.
What is a self-proving will in Alabama?
Alabama allows wills to be made "self-proving" by having the testator and both witnesses sign an affidavit before a notary public at the same time as the will signing. This self-proving affidavit is then attached to the will.
When a self-proving will is submitted to the Alabama probate court, it can be admitted to probate without requiring the witnesses to appear in court and testify that they watched the testator sign. The notarized affidavit serves as their sworn testimony.
The practical difference: Without a self-proving affidavit, the probate court may need to track down your witnesses — who could be elderly, moved away, or deceased — to testify about the signing. With a self-proving affidavit, the court accepts the will automatically. For a process that is already stressful for grieving families, this simplification matters enormously.
Notarization vs. self-proving affidavit — the difference
These are two different things, though people often confuse them:
- Notarizing the will itself — a notary signs the will document alongside the testator and witnesses. This alone does not make a will self-proving in Alabama.
- Self-proving affidavit — a separate sworn statement, signed by the testator and both witnesses before a notary, attached to the will. This is what actually makes the will self-proving under Alabama Code § 43-8-132.
When estate planning attorneys in Alabama say "get your will notarized," what they really mean is "execute a self-proving affidavit at the same time you sign the will." The two are done together in a single signing ceremony, but they are technically distinct documents.
Does Alabama recognize handwritten (holographic) wills?
Yes — with an important caveat. Alabama recognizes holographic wills that are entirely written and signed in the testator's own handwriting, even without witnesses. A holographic will does not require notarization or witnesses to be valid.
However, holographic wills are more easily contested, harder to prove in probate, and cannot be made self-proving. For any estate of meaningful size, a formally executed will with two witnesses and a self-proving affidavit is significantly more reliable.
Practical advice: what to do when signing your Alabama will
Choose two witnesses who are not beneficiaries
Witnesses should not be named in the will. An "interested witness" — one who stands to inherit — can create legal complications in Alabama probate, even if the will remains valid.
Sign the will in front of both witnesses simultaneously
All three people — testator and both witnesses — must sign in each other's presence at the same signing ceremony. Signing at different times or locations creates validity problems.
Execute a self-proving affidavit at the same time
Have all three parties — testator and both witnesses — sign the self-proving affidavit before a notary public immediately after signing the will. The notary acknowledges the signatures. Cost: typically $5–$15 for notary services at a bank, UPS Store, or attorney's office.
Store the original safely
Keep the signed original in a fireproof home safe, a safe deposit box, or with your estate planning attorney. Make sure at least one trusted person — your executor — knows exactly where it is. A will no one can find is as useless as no will at all.