Free Alabama Last Will and Testament Form

An Alabama last will and testament is a written legal document a testator uses to direct how their property passes after death, prepared in the manner Alabama Code Title 43 requires. Alabama law requires the will to be signed by the testator and witnessed by at least two people who saw the signing or the testator's acknowledgment of it.

On this page you can get a free Alabama last will and testament template to fill in and print. Below you will also find the state's signing and witness rules, a step-by-step guide to completing the document, and answers to common questions about last wills in Alabama.

Alabama Last Will And Testament Template

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Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Alabama law. If you notice an error or outdated information, please contact us.

Alabama Last Will Laws and Requirements

Under Alabama law, a valid last will must be in writing and signed by the testator, or by another person in the testator's presence and at the testator's direction. It must also be signed by at least two witnesses who watched the signing or the testator's acknowledgment of the will.[2] The testator must also be 18 years of age or older and of sound mind to make a will.[1]

RequirementsState laws
Signing requirementTwo witnesses§43-8-131. Execution and signature of will, witnesses
Age and capacity of testator18 or older and of sound mind§43-8-130. Who may make a will
Handwritten willsMust still be in writing and witnessed like any other will§43-8-131. Execution and signature of will, witnesses
RevocationBy a subsequent will that revokes the prior will or part of it, expressly or by inconsistency§43-8-136. Revocation

"Except as provided within section 43-8-135, every 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, and shall 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."

Ala. Code § 43-8-131 [2]

A last will and testament is sometimes called simply a "will" or a "testament." A living will is a different document that covers end-of-life medical care, not property distribution.

How to Write an Alabama Last Will

Follow these seven steps to complete an Alabama last will and testament using this free template. The steps run from choosing how you want to prepare the document to signing it in front of two qualified witnesses so it holds up under Alabama law.

  1. Consider your alternatives. Decide whether to hire a lawyer or prepare the will yourself. If you prepare it yourself, choose a handwritten will or a last will and testament template.
  2. Specify your information. Enter the testator's full name and address, including city, county, and state. Check this information against a government-issued ID before moving on.step 2 filling out an alabama last will form
  3. Specify the executor. Select the executor of your estate and enter their name and address. Most states place extra conditions on an out-of-state executor, so naming an alternate executor gives you a backup if the first choice cannot serve.step 3 filling out an alabama last will form
  4. Determine the guardian (optional). If you have minor or dependent children and do not want the court to choose a guardian, name someone you trust in the will.step 4 filling out an alabama last will form
  5. Indicate your beneficiaries. List everyone who will receive your property. Include each person's full name, address, and your relationship to them.
  6. Allocate assets. State which beneficiary receives each piece of property, or the assets are split evenly among them. Assets can include cash, real estate, stocks, business interests, and other property of value. Life insurance and jointly owned or living-trust property cannot be distributed through the will.step 5 filling out an alabama last will form
  7. Sign with two witnesses. Alabama law requires the testator and at least two witnesses to sign the will, with each witness watching the testator sign or acknowledging the will.[2] After a final review, the testator and both witnesses sign and print their full names and addresses.step 7 filling out an alabama last will form

Create a Free Alabama Last Will and Testament

Use the button below to build your Alabama last will online, then download it as a PDF or Word file to print, sign, and store with your other estate planning documents.

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A handwritten Alabama will is not automatically invalid. Alabama's formalities statute treats it the same as a typed document, so the writing itself does not need to come from a computer or a lawyer's office.[2] What matters is whether the will meets the same rules as any other Alabama will, starting with the testator's own signature and at least two qualified witnesses. A page of handwriting with no witnesses is unlikely to be accepted as a valid will in Alabama.

What Are the Requirements for a Will to Be Valid in Alabama?

A will needs two witnesses to watch it get signed before Alabama will recognize it, whether the testator drafted the document alone at the kitchen table or worked with an estate planning attorney to prepare it properly.[2] Each witness has to watch the testator sign the will, or watch the testator confirm an existing signature or the document itself. The testator also has to sign, either in person or through someone acting in the testator's presence and at the testator's direction.

What Are the Three Requirements for a Valid Will Under the Code of Alabama?

An Alabama will needs at least two credible witnesses watching the signing before a probate court will treat the document as valid once the testator has died and the will is offered for probate.[2] Two more conditions sit alongside that witness rule in the Code of Alabama. The will has to be in writing,[2] and the person making it has to be 18 or older and of sound mind.[1]

  • In writing, signed by the testator or by someone else in the testator's presence and at their direction.
  • Made by a testator who is 18 or older and of sound mind.
  • Signed by at least two witnesses who saw the signing or the testator's acknowledgment of it.

Frequently Asked Questions

Is will notarization needed by Alabama law?

Alabama statute says that a last will can be valid without getting a notary public to certify it. But, you can make your last will self-proving by attaching an affidavit to the document, and you’ll need to hire a notary if you’d like to make it happen. In the event that you make your last will self-proving, the court won’t have to make contact with the witnesses to establish the credibility of the document, which is going to expedite the probate.

IMPORTANT: Even though notarization is not required for last wills by Alabama law, it usually helps facilitate the probate.

Can you leave out your children or spouse from a last will and testament in Alabama?

You can leave your spouse out of a last will and testament, but Alabama law still protects them with a minimum share of the estate. Alabama is not a community property state, so property is not automatically split evenly between spouses the way it is in a community property state.

  • You can disinherit anyone in your family except your spouse.
  • Your spouse keeps the right to claim a minimum share of the estate, even if the will leaves them out.
  • You can disinherit an adult child, age 18 or older, or any other family member by naming them in a disinheritance clause.

Can a signed, typewritten last will and testament be modified in Alabama?

Yes, it is possible to alter it.

In Alabama, if you haven’t engaged in a contract saying the opposite, you are allowed to annul or alter your last will at any moment.


What will be the consequences of having lost a last will and testament?

In case the will has been lost or destroyed, as per the Alabama law, the court can recognize it. But, the probate court is not likely to admit anything other than the initial version of the last will and testament to probate.

Alabama law offers a presumption that the will’s absence means it has been annulled. This puts the obligation on the advocate of the last will and testament to present proof of the said last will.

The process will get far more difficult when considering a holographic will. In order to provide proof of its validity, the court requires testimony and sword witnesses. The cause for not producing the last will and its contents has to be proven too.

Related documents When to create it
Codicil You would like to make a single or a few small modifications to your will.
Self-proving affidavit You would like to expedite the probate later on.
Living will You want to express your wishes regarding the end-of-life medical care and life-prolonging measures.
Living trust You want to take care of your end-of-life matters without probate.

Last Will and Testament Forms for Other States

Every state sets its own signing and witness rules for a last will and testament. Use the links below to find a free last will and testament template and the specific state law requirements for another state.

This page is general information about Alabama last wills, not legal advice. For advice on your situation, talk to an Alabama attorney.

Sources

Unless noted otherwise, the sources below are from the Ala. Code.

  1. Ala. Code § 43-8-130.
  2. Ala. Code § 43-8-131.
  3. Ala. Code § 43-8-136.
Published: Jul 18, 2022
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.