In Alabama, a valid will must be written, signed by the testator (the person making the will) who is at least 18 years old and of sound mind, and witnessed by two people who are not beneficiaries. Alabama does not require notarization for a will to be valid, but a self-proving affidavit (signed before a notary) is strongly recommended to simplify the probate process.
Alabama will requirements — what makes a will valid
Under Alabama law (Title 43, Chapter 8 — the Alabama Probate Code), a last will and testament must meet these requirements to be legally valid:
Testator must be at least 18 years old
Or a legally emancipated minor. Anyone under 18 cannot make a valid will in Alabama.
Testator must be of sound mind
The testator must understand they are making a will, know the general nature of their assets, and recognize their natural heirs at the time of signing.
Must be in writing
Alabama does not recognize oral (spoken) wills except in very limited circumstances for military personnel in active combat. Your will must be a written document.
Signed by the testator
The testator must sign the will, or direct another person to sign it in their presence if they are physically unable to do so themselves.
Witnessed by two people
Two witnesses must sign the will in the testator's presence. Witnesses should not be beneficiaries named in the will — an "interested witness" can create legal complications.
Self-proving wills 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. A self-proving will speeds up the probate process significantly — the court can admit it without requiring witnesses to appear and testify. This is highly recommended for any Alabama will.
Does Alabama recognize handwritten (holographic) wills?
Alabama does recognize holographic wills — wills entirely written and signed in the testator's own handwriting — even without witnesses. However, holographic wills are more easily contested and harder to probate. They are not recommended for any estate of meaningful size or complexity.
What should an Alabama will include?
- Declaration that this is your last will and you are revoking all prior wills
- Executor designation — who administers your estate — and a successor executor
- Beneficiary designations — who receives specific assets and in what proportions
- Guardian designation for any minor children
- Specific bequests — particular items to particular people
- Residuary clause — who receives everything not specifically mentioned
- Powers granted to executor — authority to sell property, manage accounts, etc.
- Self-proving affidavit signed before a notary
What happens if you die without a will in Alabama?
Dying without a valid will is called dying "intestate." Alabama's intestate succession laws then determine who inherits your estate — regardless of your wishes. Here is how Alabama distributes assets without a will:
| Your situation | Who inherits under Alabama law |
|---|---|
| Married, no children | Entire estate to your spouse |
| Married with children | Split between spouse and children (spouse gets at least 50%) |
| Unmarried with children | Entire estate divided equally among your children |
| No spouse, no children | Goes to parents; if no parents, to siblings; then to more distant relatives |
| No living relatives found | Estate "escheats" — passes to the State of Alabama |
Without a will, a court also decides who raises your minor children if both parents die — not you. This alone is reason enough for most parents to have a will in place.
Create your Alabama will today
Trust & Will offers attorney-reviewed, Alabama-specific wills starting at $199. Takes about 20 minutes to complete online.
How much does a will cost in Alabama?
- Online service (Trust & Will / LegalZoom): $100–$250 for a basic will. Good for straightforward situations.
- Huntsville attorney — basic will: $300–$800 flat fee. Includes consultation, drafting, and signing ceremony.
- Full estate plan with will: $1,500–$3,500 for will, trust, POA, and healthcare directive as a package. Best value for most families.
Can you update or change a will in Alabama?
Yes. You can update your will at any time while you are of sound mind. Minor changes can be made with a formal amendment called a codicil, which must be signed and witnessed with the same formality as the original will. For significant changes, most attorneys recommend simply revoking the old will and executing a new one entirely.
Major life events that should trigger a will review include: marriage or divorce, birth or adoption of a child, death of a named beneficiary or executor, significant change in assets, or moving to a new state.
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