Alabama wills
How to make a will in Alabama
What Alabama law requires for a valid will, how to sign it, and whether you can sign online. Updated for 2026.
Alabama will requirements at a glance
| Who can make a will | Anyone 18 or older and of sound mind |
|---|---|
| Witnesses | Two adult witnesses |
| Notary instead of witnesses | No |
| A beneficiary as witness | Allowed, but best avoided |
| Handwritten (holographic) wills | Not valid |
| Self-proving affidavit | Available, with a form in state law |
| Electronic wills | Not allowed |
| Witnesses by live video | No; witnesses must be present |
| Online notarization for wills | Not clearly allowed |
| File your will with the court while living | No |
| State estate or inheritance tax | None |
How to sign a will in Alabama
- Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
- Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
- Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch. (Ala. Code § 43-8-131)
- Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (Ala. Code § 43-8-132)
- Store the original safely and tell your executor where it is.
Who can make a will
Anyone 18 or older and of sound mind. (Ala. Code § 43-8-130)
Witness rules
Each witness must have witnessed either the testator's signing or the testator's acknowledgment of the signature or of the will, then sign. The statute does not require witnesses to sign in the testator's presence or each other's, and sets no deadline. Someone else may sign for the testator in the testator's presence and at the testator's direction. (Ala. Code § 43-8-131)
If a witness inherits: No effect: a will or any provision is not invalid because an interested witness signed it (Ala. Code § 43-8-134(b)).
Handwritten wills
Not recognized; a handwritten will must be witnessed by two people like any other will (Ala. Code § 43-8-131 has no handwriting exception). A will valid under the law of the place where it was executed is honored (§ 43-8-135).
Self-proving affidavit
Testator acknowledgment and witness affidavits before an officer authorized to administer oaths, either at signing or later. (Ala. Code § 43-8-132)
Can I sign my will online in Alabama?
No. No electronic-will or remote-witnessing statute found; § 43-8-131 requires a signed writing witnessed by two people.
Print your will and sign it on paper with your witnesses in the same room.
Online notarization: Alabama allows remote appearance by recorded two-way audio-video, but the notary must be physically in Alabama and the document must be paper with original wet-ink signatures. The statute neither authorizes nor bars its use for a self-proving affidavit, and it does not make remote will witnessing valid. (Ala. Code § 36-20-73.1 (Act 2021-319; amended Act 2023-548 and Act 2026-536))
Good to know in Alabama
Alabama has no statewide statute for depositing a will before death. A 2026 local act (HB447, passed both houses March 2026; LegiScan lists it as enacted March 31, 2026, not independently confirmed) lets Montgomery County residents file their will with the Montgomery County probate judge for a fee.
Estate and inheritance taxes
Alabama has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Alabama will questions
Does a will need to be notarized in Alabama?
No. Two witnesses make a Alabama will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.
Are handwritten wills legal in Alabama?
Not recognized; a handwritten will must be witnessed by two people like any other will (Ala. Code § 43-8-131 has no handwriting exception). A will valid under the law of the place where it was executed is honored (§ 43-8-135).
Can a beneficiary witness a will in Alabama?
No effect: a will or any provision is not invalid because an interested witness signed it (Ala. Code § 43-8-134(b)).
Can I make a will online in Alabama?
You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. Alabama doesn't allow electronic wills, so the will must be signed on paper.
Does Alabama have an estate or inheritance tax?
Alabama has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Sources
- Code of Alabama § 43-8-130 Who May Make a Will (Alabama Legislature)
- Code of Alabama § 43-8-131 Execution and Signature of Will; Witnesses
- Code of Alabama § 43-8-132 Self-Proved Will
- Code of Alabama § 43-8-134 Who May Witness Will
- Code of Alabama § 36-20-73.1 Remote Electronic Notarial Acts
- HB447 (2026) Enrolled: Montgomery County filing of wills with judge of probate
- Alabama: Will Execution Requirements (ezel.ai survey)
Last reviewed October 24, 2026 against Alabama statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a Alabama attorney.
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