How do I make a valid will in Alabama?

Alabama wills are governed by Ala. Code Title 43, Chapter 8.

1. Testator Requirements

Age: 18 or older (Ala. Code § 43-8-130).

Capacity: Sound mind.

2. Witness Requirements (Ala. Code § 43-8-131)

In writing.

Signed by the testator (or in the testator's name by some other person in the testator's presence and by the testator's direction).

Signed by at least 2 persons, each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will.

3. Notarization

Not required for validity. A self-proving affidavit (Ala. Code § 43-8-132) executed before a notary by the testator and witnesses makes the will self-proved.

4. Holographic Wills NOT Recognized

Alabama does not recognize holographic wills executed in Alabama. A handwritten will must still be witnessed by 2 witnesses to be valid.

5. Foreign Wills

A will valid where executed or where the testator was domiciled is recognized (Ala. Code § 43-8-135).

6. Interested Witnesses

Alabama abolished the interested-witness rule (Ala. Code § 43-8-134) — a beneficiary may witness without forfeiting the gift.

7. Intestacy (No Will)

Ala. Code § 43-8-41: Spouse + no descendants and no parents — spouse takes all. Spouse + descendants all of marriage — spouse takes first $50,000 + 1/2 of balance. Spouse + descendants from outside marriage — spouse takes 1/2. Spouse + parents (no descendants) — spouse takes first $100,000 + 1/2 of balance.

8. Small Estate Threshold

Alabama's small estate procedure (Ala. Code § 43-2-692) is available for estates with personal property value not exceeding $34,611 (adjusted annually for inflation), after a 30-day waiting period with no will or with a probated will.

9. Probate Court

Alabama has a separate Probate Court in each county. Wills are typically filed there.

This is legal information, not legal advice.