An Alabama last will and testament is a formal legal document that a person, known as the “testator,” uses to specify how their estate will be divided when they pass away. All of the testator’s assets, including bank accounts, life insurance policies, fiduciary funds, and property (both tangible and intangible), may be given to specified beneficiaries in accordance with the terms of the will and as directed by an executor pre-chosen by the testator.

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A standard will is usually called a “last will and testament.” The will specifies how the person’s assets will be distributed and who will be in charge of the distribution. The standard will is suited for individuals and couples with total assets (including life insurance and retirement plans) of less than the exclusion threshold for the federal estate tax, which is currently $11,580,000 for a single person.

Alabama Will Signing Requirements

Will Signing Requirements: The will shall be in writing signed by the testator or in the testator’s name by some other person in the testator’s presence and by his or her direction. ¹

Alabama Will Witness Requirements

Will Witnessing Requirements: At least two persons each of whom witnessed either the signing or the testator’s acknowledgment of the signature or of the will. The witnesses should be 18 years of age or older and not be named as a beneficiary in the will.²

Alabama Self-Proved Wills

Alabama allows self-proved wills. “Any will may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state where execution occurs and evidenced by the officer’s certificate, under official seal…” ³

Revoking An Alabama Will

An Alabama will can be revoked by codicil or by the testator destroying it. Alabama statute specifies that a will can be revoked by being burning, tearing, cancelling, obliterating, or destroying the will, with the intent and for the purpose of revoking it by the testator or by another person in his presence by his consent and direction. If the physical act is by someone other than the testator, consent and direction of the testator must be proved by at least two witnesses. ⁴

Summary of Alabama Will Requirements

Anyone 18 years of age or older and of sound mind can write and sign a will in Alabama. The will should be witnessed by two persons meeting the prescribed requirements and having no financial interest in the will. If the will is notarized, it is considered to be self-proved.