Is an Online Will Legal in Alabama?
An online service can prepare a valid Alabama will, but execution is on paper: the testator signs (or directs someone to sign in the testator's presence) and at least two people sign as witnesses, each having witnessed either the signing or the testator's acknowledgment of the signature or of the will. Alabama does not accept an unwitnessed handwritten will made in the state.
The Answer at a Glance
Prepare the will online
ValidWhether a will drafted with online software can become a valid Alabama will.
Sign it fully remotely
Paper signingWhether Alabama recognizes an electronic will executed without an in-person paper signing.
What this means for you
Alabama does not recognize electronic wills, so fully remote execution is not an option. Notarization is not required for validity, but the § 43-8-132 self-proving certificate, sworn before an oath officer at signing or later, makes signature compliance conclusively presumed and lets the will be probated without further proof.
What Alabama Law Requires
The governing law is Ala. Code tit. 43, ch. 8 (Probate Code), art. 7, div. 1 (Execution of Will), §§ 43-8-130 to 43-8-141. Each rule below links to the official source it was read from.
| Requirement | The Alabama rule | Statute |
|---|---|---|
| Who can make a will | Age 18 or older, of sound mind. | Ala. Code § 43-8-130 |
| Written document | Required. | Ala. Code § 43-8-131 |
| Signature | The testator signs. The will may be signed in the testator's name by some other person in the testator's presence and by his or her direction. | Ala. Code § 43-8-131 |
| Witnesses | 2. The will must be signed by at least two persons, each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will. Following the Uniform Probate Code pattern, the statute does not require the witnesses to sign in the presence of the testator or of each other. | Ala. Code § 43-8-131 |
| Notarization | Not required for validity. A self-proving affidavit is optional and speeds probate. | Ala. Code § 43-8-132 |
Signing Day in Alabama
The will must be signed by at least two persons, each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will. Following the Uniform Probate Code pattern, the statute does not require the witnesses to sign in the presence of the testator or of each other.
The self-proving step worth adding
A will may be simultaneously executed, attested, and made self-proved (§ 43-8-132(a)), or an attested will may be made self-proved later (§ 43-8-132(b)). If self-proved, compliance with signature requirements is conclusively presumed, other execution requirements are presumed subject to rebuttal, and the will is probated without further proof absent fraud or forgery affecting the acknowledgment or affidavit (§ 43-8-132(c)). Timing: simultaneously with execution or at any time after execution.
Choose witnesses carefully
Any person generally competent to be a witness may act as a witness to a will, and a will or any provision thereof is not invalid because the will is signed by an interested witness. Alabama has no purging statute: the interested witness keeps the gift.
Shortcuts Alabama Does and Does Not Recognize
Handwritten (holographic) wills
NoAn unwitnessed handwritten will made in Alabama is not valid: § 43-8-131 requires every will to be signed by at least two witnesses, and Division 1 (Execution of Will, §§ 43-8-130 to 43-8-141, reviewed at the official source) contains no holographic-will provision. A handwritten will that IS witnessed under § 43-8-131 is valid. A holographic will executed in another jurisdiction can be recognized through the § 43-8-135 choice-of-law rule if its execution complied with that jurisdiction's law. (Ala. Code § 43-8-131)
Oral wills
NoEvery will shall be in writing (§ 43-8-131), and the Probate Code's execution division (§§ 43-8-130 to 43-8-141, reviewed at the official source) contains no nuncupative-will provision. The § 43-8-135 recognition rule extends only to a written will. (Ala. Code § 43-8-131)
Electronic wills
NoAlabama has no electronic-wills statute. Section 43-8-131 requires a written will signed by the testator and two witnesses, and the Probate Code's execution division (§§ 43-8-130 to 43-8-141, reviewed at ALISON, the legislature's official code site) contains no electronic-execution provision. (Ala. Code § 43-8-131)
A Will Signed in Another State
A written will is valid if executed in compliance with § 43-8-131 or if its execution complies with the law, at the time of execution, of the place where the will is executed, or with the law of the place where, at the time of execution or at the time of death, the testator is domiciled, has a place of abode, or is a national. (Ala. Code § 43-8-135)
Keep Going
- The full Alabama will-requirements guide covers capacity, revocation, and what happens when formalities fail.
- Alabama estate planning sets the will beside the other documents a complete plan needs.
- A Alabama revocable living trust is the main alternative when avoiding probate is the goal.
Frequently Asked Questions
Can I make my will online in Alabama?
Does a Alabama will need to be notarized?
How many witnesses does a Alabama will need?
Are handwritten (holographic) wills valid in Alabama?
Are electronic wills legal in Alabama?
Is a will made in another state valid in Alabama?
Verified against Ala. Code tit. 43, ch. 8 (Probate Code), art. 7, div. 1 (Execution of Will), §§ 43-8-130 to 43-8-141 on August 16, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Alabama can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
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