What the rule says
Alabama requires specific formalities for a valid will. Under Ala. Code § 43-8-131, a valid Alabama will must satisfy:
1. A writing. 2. The testator's signature. 3. Two competent witnesses. Two competent witnesses must sign the will in the testator's presence.
Alabama requires witnesses to sign in the testator's presence — a strict requirement.
Holographic wills not recognized
Alabama does not recognize holographic wills (handwritten unwitnessed wills). A handwritten unwitnessed will is not valid in Alabama.
Self-proving affidavits
Under Ala. Code § 43-8-132, a will accompanied by a self-proving affidavit can be admitted to probate without requiring witness testimony.
What you can do about it
For an Alabama will execution:
- Have the testator and at least two disinterested witnesses present. - Use the self-proving affidavit. - Sign at the end of the document. - Avoid using beneficiaries as witnesses. - Don't rely on handwritten unwitnessed documents in Alabama.
Who this affects most
Alabama's execution requirements are most consequential for anyone executing a will in Alabama and out-of-state residents who relocated with handwritten unwitnessed wills.