Under Alabama’s will laws, a valid will must be in writing, signed by a testator who is at least 18 and of sound mind, and witnessed by at least two competent people. Skip any one of those steps and the document has no legal effect, no matter how clearly it lays out your wishes. Alabama does not accept oral wills, and it does not accept handwritten wills that lack witnesses.
Who Can Make a Will in Alabama
You must be at least 18 years old and of sound mind.1Alabama Legislature. Alabama Code 43-8-130 – Who May Make a Will Sound mind means you understand what you own, who your family and intended beneficiaries are, and what signing a will does to the distribution of your property. You also need to be able to hold those pieces together as a coherent plan.
Capacity gets contested more often than people expect, especially where the testator had dementia, a serious mental illness, or was elderly and dependent on a caretaker. Courts look at medical records, testimony from people who interacted with the testator around the time of signing, and sometimes expert medical opinions. The person challenging the will generally has to prove the lack of capacity.
How the Will Must Be Signed and Witnessed
The rules on execution exist to prevent fraud and confirm the document reflects what the testator actually wanted. One misstep can invalidate everything.
Writing and Signature
The will has to be in writing and signed by the testator. Typed and printed documents are fine. If you cannot physically sign, someone else may sign your name for you, but only in your presence and at your direction.2Alabama Legislature. Alabama Code 43-8-131 – Execution and Signature of Will; Witnesses Oral wills carry no legal weight in Alabama regardless of the circumstances.
Two Witnesses
At least two witnesses must be present when you sign the will or when you acknowledge your signature to them, and both must then sign the document themselves.2Alabama Legislature. Alabama Code 43-8-131 – Execution and Signature of Will; Witnesses Anyone generally competent to be a witness qualifies. Alabama does not impose a minimum age beyond general competency.
A witness who also stands to inherit is an interested witness. Alabama allows interested witnesses and does not void their inheritance simply because they signed as a witness.3Alabama Legislature. Alabama Code 43-8-134 – Who May Witness Will Still, using a beneficiary as a witness is practically asking for a challenge. If anyone later argues the testator was pressured, the interested witness’s dual role becomes the easy line of attack. Two disinterested witnesses cost you nothing and shut that argument down.
Self-Proving Affidavit
A self-proving affidavit is a sworn statement attached to the will, signed by the testator and both witnesses before a notary. It confirms the will was properly executed and that the testator signed voluntarily, of sound mind, and free from duress.4Alabama Legislature. Alabama Code 43-8-132 – Self-Proved Will When a will has this affidavit, the probate court can accept it without tracking down witnesses to testify.
That matters more than it seems at signing. Witnesses move, become ill, or die. If they cannot be located when probate opens years later, the court needs other evidence to confirm the will’s authenticity, which means delays, legal fees, and sometimes a contested proceeding that could have been avoided. The affidavit adds a few minutes at signing and is one of the cheapest safeguards in estate planning.
Handwritten and Out-of-State Wills
Alabama does not recognize holographic wills. A holographic will is one written entirely in the testator’s handwriting and signed but not witnessed. Even a perfectly clear handwritten document has no legal weight here without two witnesses.2Alabama Legislature. Alabama Code 43-8-131 – Execution and Signature of Will; Witnesses Anyone moving to Alabama from a state that accepts holographic wills should review whether their existing document meets Alabama’s rules.
Alabama does recognize wills executed elsewhere, provided the will was valid under the law of the place where it was signed, or where the testator lived at the time of signing or at death.5Alabama Legislature. Alabama Code 43-8-135 – Choice of Law as to Validity of Execution So a handwritten will that was valid in another state can still be honored in Alabama. The practical hurdle is proving compliance with that other state’s law during probate, which can be more work than simply re-signing the document with Alabama formalities.
Changing or Revoking a Will
A will stays in effect until it is properly revoked, and Alabama recognizes two ways to do that.
The first is a new writing. A new will or codicil can expressly revoke the earlier will, or contain provisions inconsistent enough that the old one cannot stand alongside it.6Alabama Legislature. Alabama Code 43-8-136 – Revocation by Writing or by Act; When Witnesses Required An express revocation clause removes any doubt. Relying on inconsistency invites a court to sort out which provisions survive, which is a gamble.
A codicil is an amendment to an existing will, useful for swapping an executor, adjusting a gift, or changing a beneficiary. It has to meet the same execution requirements as a will: written, signed, and witnessed by two people.2Alabama Legislature. Alabama Code 43-8-131 – Execution and Signature of Will; Witnesses For minor changes, a codicil works. For anything larger, a new will that expressly revokes the old one is cleaner, since courts must read a will and its codicils together and reconcile any conflicts.
The second method is physical destruction: burning, tearing, canceling, or obliterating the document with intent to revoke it. You can do this yourself or direct someone else to do it in your presence. If another person destroys the will for you, at least two witnesses must be able to confirm you gave the direction and were present.6Alabama Legislature. Alabama Code 43-8-136 – Revocation by Writing or by Act; When Witnesses Required Accidental destruction does not revoke a will. But if the original cannot be found after death, Alabama courts presume the testator destroyed it intentionally. That presumption can be rebutted with evidence; the burden falls on your heirs.
Divorce Automatically Cancels Gifts to a Former Spouse
Divorce or annulment after signing automatically revokes any provisions in the will benefiting the former spouse: gifts of property, powers of appointment, and any nomination of the former spouse as executor.7Alabama Legislature. Alabama Code 43-8-137 – Revocation by Divorce or Annulment The rest of the will remains intact, and the revoked provisions are treated as though the former spouse died first.
Separation alone does not trigger this rule. Until the divorce is final, your spouse keeps every right the will gives them. And the automatic revocation only reaches the will. Beneficiary designations on life insurance, retirement accounts, and bank accounts are separate and have to be updated on their own.
What Happens Without a Valid Will
If you die without a will, or with one that fails Alabama’s execution rules, the estate passes under Alabama’s intestacy statutes. The state effectively writes a will for you, and it rarely matches what people would have chosen.
A surviving spouse’s share depends on who else survives:
- No children or parents survive: the spouse inherits the entire estate.
- Parents survive but no children: the spouse receives the first $100,000 plus half of the balance.
- Children survive and all are also the spouse’s children: the spouse receives the first $50,000 plus half of the balance.
- Children survive and at least one is not the spouse’s child: the spouse receives half of the estate.
Whatever does not go to the spouse passes to children, then parents, then siblings, following a statutory order. Unmarried partners, stepchildren, close friends, and charities receive nothing under intestacy. A properly executed will is the only reliable way to direct anything outside the default hierarchy.
Assets a Will Does Not Control
A will does not govern everything you own. Some assets transfer automatically at death based on how the account is titled or who is named on it: life insurance with a named beneficiary, retirement accounts like 401(k)s and IRAs with designated beneficiaries, payable-on-death bank accounts, and property held in joint tenancy with right of survivorship.
Those designations override the will. If your will leaves your IRA to your daughter but the account still names your ex-spouse, the ex-spouse gets the IRA. People update wills and forget the beneficiary forms constantly. After any major life event, review every beneficiary designation alongside the will.
Probating the Will
After death, the will goes through probate in the county where the deceased lived. The executor named in the will, or another interested person, files it with the probate court.9Alabama Legislature. Alabama Code 43-8-160 – Who May Have Will Probated Alabama sets a strict deadline: the will must be filed within five years of the testator’s death or it has no legal effect.10Alabama Legislature. Alabama Code 43-8-161 – Time Limit for Probate Miss that window and the estate is distributed under intestacy rules as if no will existed.
A will with a self-proving affidavit can be admitted without witness testimony. Without one, the court may need to hear from witnesses to confirm the will was properly executed. The executor then gathers assets, notifies creditors, pays valid debts and taxes, and distributes what remains. Simple, uncontested estates can close within a few months. Larger or disputed estates sometimes take a year or more. Alabama entitles executors to reasonable compensation, as determined by the probate court based on the estate’s complexity, the time required, and local norms.11Justia Law. Alabama Code 43-2-848 – Compensation of Personal Representative
Small Estates
Alabama offers a simplified distribution process for smaller estates. If the total value falls below a threshold set at $25,000 and adjusted annually for inflation by the State Finance Director based on the Consumer Price Index, heirs may be able to avoid full probate. Recent adjustments have brought that figure to roughly $47,000. Summary distribution still requires a court filing, but it is faster and cheaper. Estates with real property, significant debts, or contested claims usually need the full process regardless of value.
Federal Estate Tax
Most Alabama estates owe no federal estate tax. For deaths in 2026, the federal exemption is $15,000,000 per person; only estates above that face the tax, with rates up to 40 percent on the excess.12Internal Revenue Service. What’s New — Estate and Gift Tax Alabama has no separate state estate or inheritance tax.
Married couples can effectively double the exemption through a portability election. If the first spouse to die does not use the full $15,000,000, the survivor can claim the unused portion by filing a federal estate tax return (Form 706) for the deceased spouse, even when no tax is owed. The return is due within nine months of death, with an automatic six-month extension available.13Internal Revenue Service. Frequently Asked Questions on Estate Taxes Skipping the filing forfeits the unused exemption permanently, which is a costly mistake for wealthier families.