Online will services do one thing well: they produce a document quickly and cheaply, and a document is better than nothing.
What they cannot do is execute it for you, and what they do not do is look at your deed and your beneficiary designations — which for most families control more money than the will does.
What they get right
- They produce a document, and Alabama does not require a lawyer to draft one.
- They are cheap and fast.
- They prompt you through decisions most people otherwise avoid entirely.
- For a genuinely simple estate, correctly executed, the result can be valid and effective.
Where they fail
| Gap | Consequence in Alabama |
|---|---|
| Execution | § 43-8-131 requires at least two witnesses. A platform cannot supply them or supervise the signing. This is where most homemade wills fail |
| Self-proving affidavit | Without one, someone has to locate your witnesses years later. § 43-8-132 makes this unnecessary |
| Bond waiver | § 43-2-851(c) lets a will waive bond. Omit it and the estate pays a premium |
| Beneficiary designations | They override the will. A platform cannot see them |
| Your deed | Survivorship wording decides whether the house goes through probate. A platform cannot read it |
| State-specific drafting | A form written for a community property state does not fit Alabama |
| Blended families | § 43-8-41 gives a surviving spouse one half where any child is not also theirs. A template will not flag it |
There is no holographic will provision in Alabama’s execution statutes. Printing a document and signing it alone does not create a will here — two witnesses, every time. Section 43-8-135 can give effect to one validly executed under another state’s law.
Ala. Code §§ 43-8-131, 43-8-135.Already made one online?
Bring it in. Checking whether it was executed correctly, and whether it actually controls what you think it does, is a short appointment.
If you use one anyway, do this
- Print itSection 43-8-131 requires a writing.
- Two witnesses, together, in one roomEach witnessing your signing or your acknowledgment.
- Witnesses who inherit nothingAlabama addresses who may witness at § 43-8-134. Neutral witnesses remove the argument.
- Add the self-proving affidavit and notarizeUnder § 43-8-132 the will is then probated without further proof.
- Check every beneficiary designationConfirm each in writing with the institution. These override the will.
- Read your deedLook at the grantee line. Survivorship or not decides whether the house is even part of the estate.
- Store the original and tell your executorA copy raises a presumption problem at probate.
What no platform includes
A will does nothing while you are alive. The documents that matter then are a durable power of attorney under Ala. Code § 26-1A-101 and following — durable by default under § 26-1A-104 — and an advance directive under § 22-8A-4, which requires two or more witnesses aged at least 19 and disqualifies anyone related to you, entitled to your estate, or financially responsible for your care.
Without those, a family facing incapacity ends up petitioning the probate court for a conservatorship. That costs many times what the documents would have.
The honest comparison
For one marriage, adult children who get along, a house in Alabama and some accounts — a correctly executed online will is a reasonable choice and far better than the nothing most people actually have.
For a blended family, property in more than one state, a business, or a beneficiary who needs protecting, a template is not the tool. And in every case, the review of your deed and your beneficiary forms is the part that decides the outcome — and it is the part no platform performs.
Questions about online wills
Are online wills valid in Alabama?
They can be. Alabama does not require a lawyer to draft a will. Validity depends on execution under § 43-8-131 — in writing, signed by you, and signed by at least two witnesses.
What is the biggest risk with an online will?
Execution. A platform cannot supply or supervise your witnesses, and improper witnessing is how most homemade Alabama wills fail. Nobody finds out until the person who could have fixed it has died.
Do online wills include a power of attorney?
Some offer one, but a will alone does nothing while you are alive. You need a durable power of attorney under § 26-1A-101 and following and an advance directive under § 22-8A-4. The advance directive in particular has witness rules that are easy to get wrong.
Can I have a lawyer review a will I made online?
Yes, and it is a sensible middle path. Reviewing execution, checking for the bond waiver and self-proving affidavit, and reading it against your deed and beneficiary forms is a short appointment.
Will an online will hold up in an Alabama probate court?
If it satisfies § 43-8-131 and is properly executed, it is a valid will. If it also has a self-proving affidavit under § 43-8-132, it can be probated without producing the witnesses.
Is a cheap will better than no will?
Almost always, yes — provided it is executed correctly. Without any will, Alabama’s intestacy statutes decide, the court appoints an administrator under § 43-2-42, and the estate pays a bond premium.
A review is cheaper than a failed will
Bring what you have made. Serving families across Limestone, Madison, Morgan and the surrounding counties.
Daniel Shawn Pickens
Attorney at Daniel S. Pickens Law in Athens, Alabama. The firm handles estate planning, probate, real estate closings and title work, deeds, business formation and contracts for families and businesses across Limestone, Madison, Morgan, Lauderdale, Colbert, Franklin and Lawrence Counties.
Questions about estate planning or probate? Email estateplanning@dsp.law or call 256-434-1678.
Daniel S. Pickens Law · 300 West Green Street, Athens, Alabama 35611
