Last Will And Testament requirements in Alabama
- You must be at least 18 years old and of sound mind.
- The will must be in writing (typed or printed) – oral wills are not valid in Alabama.
- You must sign the will in the presence of at least two witnesses.
- The witnesses must be at least 18 years old and sign the will in your presence (and in each other's presence).
- A will does not need to be notarized in Alabama, but a self-proving affidavit (signed before a notary) can simplify probate.
How to create a Last Will And Testament in Alabama
- List your assets and decide who should inherit them. Be specific to avoid confusion.
- Choose an executor – a trusted person who will carry out your wishes. Ask them first.
- Draft your will using a will template or attorney, ensuring it meets Alabama's requirements.
- Sign your will in front of two witnesses, and consider adding a self-proving affidavit for efficiency.
- Store your will in a safe place and tell your executor where it is. Review it periodically.
What a Last Will And Testament typically costs
In Alabama, you can create a will yourself using online templates for as little as $20 to $100. Hiring an attorney typically costs between $300 and $1,000, depending on complexity. Online services offer a middle ground, often around $100 to $200.
Start your Alabama last will and testament today to protect your legacy and give your family peace of mind.
Create your last will and testamentAlabama Will Checklist: Before You Begin
Before drafting your Alabama last will and testament, gather the necessary information and understand key state-specific requirements to ensure your will is valid and effective.
- Inventory your assets and debts, including real estate, bank accounts, retirement accounts, life insurance policies, and personal property.
- Decide on your beneficiaries and alternates, and clearly identify them with full legal names and relationships.
- Choose an executor and a backup executor who are willing to serve, and consider naming a guardian for minor children.
- Ensure your will is in writing and signed by you (the testator) in the presence of at least two witnesses, who must also sign the will in your presence and in each other's presence.
- While not required for validity, having your will notarized (self-proving affidavit) can simplify probate by avoiding witness testimony later.
- Store your original will in a safe place, such as a fireproof safe or with your attorney, and tell your executor where it is located—do not keep it in a bank safe deposit box if it may be hard to access after death.
Frequently asked questions
What happens if I die without a will in Alabama?
If you die intestate (without a will), Alabama's intestacy laws determine who inherits your property, usually your spouse, children, or other relatives. This may not match your wishes and can lead to family disputes.
Can I name a guardian for my minor children in my will?
Yes, you can nominate a guardian in your will for your minor children. The court will consider your choice, but it must approve the appointment in the child's best interest.
Is a living will the same as a last will and testament?
No. A living will (advance directive) states your end-of-life medical care preferences, while a last will and testament handles asset distribution and guardianship after death.
Do I need to notarize my will in Alabama?
No, but adding a self-proving affidavit – signed by you and your witnesses before a notary – can make the probate process faster and easier.