How to Make a Will in Alabama (2026 Guide)

A will made in Alabama must be signed by you and by 2 witnesses to be valid. Yes (Ala. Code § 43-8-132). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Alabama will covers, generated from the same rules.

Make my free Alabama will

Alabama will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	No
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	Ala. Code § 43-8-131
Financial POA statute	Ala. Code § 26-1A-101 et seq. (Alabama Uniform Power of Attorney Act, adopted 2012)
Healthcare directive statute	Ala. Code § 22-8A-1 et seq. (Alabama Natural Death Act; advance directive for health care, § 22-8A-4)

Witnesses

Two witnesses. The will must be signed by the testator (or by another person at the testator's direction and in the testator's presence) and by at least two persons, each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will (Ala. Code § 43-8-131). Any person generally competent to be a witness may act, and Alabama follows the Uniform Probate Code rule that a will is not invalid because it is signed by an interested witness (Ala. Code § 43-8-134); even so, use adult witnesses who receive nothing under the will to avoid an undue-influence challenge. Alabama's age of majority is 19 (Ala. Code § 26-1-1), so use witnesses who are at least 19. The statute does not require the witnesses to sign in each other's presence, but the safest practice is for the testator and both witnesses to sign together in one sitting.

Do you need a notary in Alabama?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Ala. Code § 43-8-132). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Alabama

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be signed by the testator (or by another person at the testator's direction and in the testator's presence) and by at least two persons, each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will (Ala. Code § 43-8-131). Any person generally competent to be a witness may act, and Alabama follows the Uniform Probate Code rule that a will is not invalid because it is signed by an interested witness (Ala. Code § 43-8-134); even so, use adult witnesses who receive nothing under the will to avoid an undue-influence challenge. Alabama's age of majority is 19 (Ala. Code § 26-1-1), so use witnesses who are at least 19. The statute does not require the witnesses to sign in each other's presence, but the safest practice is for the testator and both witnesses to sign together in one sitting.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Ala. Code § 43-8-132). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy. Alabama does not offer lifetime deposit of a will with the probate court.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may elect to take the lesser of (a) the estate reduced by the value of the spouse's own separate estate, or (b) one-third of the estate (Ala. Code § 43-8-70), plus the homestead allowance, exempt property and family allowance (Ala. Code §§ 43-8-110 to 43-8-112).

Homestead

No special restriction on devising a homestead by will. A surviving spouse (or, if none, minor and dependent children) is entitled to a homestead allowance of $15,000 that has priority over most claims and devises (Ala. Code § 43-8-110); the constitutional homestead exemption from creditors also applies (Ala. Code § 6-10-2).

If you die without a will in Alabama

If you die without a will in Alabama, your spouse takes everything only if you leave no descendants and no parents. If you leave parents but no descendants, the spouse takes the first $100,000 plus half of the balance. If all of your descendants are also your spouse's, the spouse takes the first $50,000 plus half; if any descendant is not your spouse's, the spouse takes half and your descendants take the rest (Ala. Code §§ 43-8-41, 43-8-42). With no spouse, everything passes to descendants, then parents, then siblings and their descendants. More on intestacy.

Other estate-planning documents in Alabama

• Durable financial power of attorney: Ala. Code § 26-1A-101 et seq. (Alabama Uniform Power of Attorney Act, adopted 2012). The power of attorney must be signed by the principal or by another adult in the principal's conscious presence at the principal's direction; a signature acknowledged before a notary public is presumed genuine (Ala. Code § 26-1A-105). Have it notarized — notarization is required in practice and is necessary to record the instrument in the county probate office for any real-estate transaction. Witnesses are not required by statute; two adult witnesses are recommended.
• Advance healthcare directive: Ala. Code § 22-8A-1 et seq. (Alabama Natural Death Act; advance directive for health care, § 22-8A-4). The advance directive must be signed by the declarant (age 19 or older) in the presence of two adult witnesses, each of whom must also sign. A witness may not be the person who signed on the declarant's behalf, related to the declarant by blood, adoption or marriage, entitled to any portion of the estate, directly financially responsible for the declarant's medical care, or the named health care proxy (Ala. Code § 22-8A-4). Notarization is not required. Alabama's statute sets out a form that the directive should follow substantially.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (Ala. Code § 43-8-139).

Alabama notes

• Alabama's age of majority is 19 (Ala. Code § 26-1-1). A person may make a will at 18 (Ala. Code § 43-8-130), but choose witnesses who are at least 19.
• Alabama permits a separate signed list disposing of tangible personal property that is referred to in the will (Ala. Code § 43-8-139).

Frequently asked questions

How many witnesses does a will need in Alabama?

Alabama requires 2 witnesses (Ala. Code § 43-8-131). Two witnesses. The will must be signed by the testator (or by another person at the testator's direction and in the testator's presence) and by at least two persons, each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will (Ala. Code § 43-8-131). Any person generally competent to be a witness may act, and Alabama follows the Uniform Probate Code rule that a will is not invalid because it is signed by an interested witness (Ala. Code § 43-8-134); even so, use adult witnesses who receive nothing under the will to avoid an undue-influence challenge. Alabama's age of majority is 19 (Ala. Code § 26-1-1), so use witnesses who are at least 19. The statute does not require the witnesses to sign in each other's presence, but the safest practice is for the testator and both witnesses to sign together in one sitting.

Does a will need to be notarized in Alabama?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Alabama have a self-proving affidavit?

Yes (Ala. Code § 43-8-132). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Alabama?

Alabama does not generally recognize unwitnessed handwritten wills. Use a typed, witnessed will.

Can I disinherit my spouse in Alabama?

A surviving spouse cannot be completely disinherited. The spouse may elect to take the lesser of (a) the estate reduced by the value of the spouse's own separate estate, or (b) one-third of the estate (Ala. Code § 43-8-70), plus the homestead allowance, exempt property and family allowance (Ala. Code §§ 43-8-110 to 43-8-112).

What happens if I die without a will in Alabama?

If you die without a will in Alabama, your spouse takes everything only if you leave no descendants and no parents. If you leave parents but no descendants, the spouse takes the first $100,000 plus half of the balance. If all of your descendants are also your spouse's, the spouse takes the first $50,000 plus half; if any descendant is not your spouse's, the spouse takes half and your descendants take the rest (Ala. Code §§ 43-8-41, 43-8-42). With no spouse, everything passes to descendants, then parents, then siblings and their descendants.

Is a no-contest clause enforceable in Alabama?

Alabama has no statute governing no-contest (in terrorem) clauses. Alabama courts have generally enforced them, but the case law is thin and a contest brought in good faith with probable cause may not trigger forfeiture. Treat enforceability as uncertain.

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.