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 willAnyone 18 or older and of sound mind
WitnessesTwo adult witnesses
Notary instead of witnessesNo
A beneficiary as witnessAllowed, but best avoided
Handwritten (holographic) willsNot valid
Self-proving affidavitAvailable, with a form in state law
Electronic willsNot allowed
Witnesses by live videoNo; witnesses must be present
Online notarization for willsNot clearly allowed
File your will with the court while livingNo
State estate or inheritance taxNone

How to sign a will in Alabama

  1. Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
  2. Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
  3. 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)
  4. 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)
  5. 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.

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.

Write your Alabama will in about 20 minutes.

Free, private, and ready to print and sign. Your answers stay on your device.

Start my free will