A valid Alabama will can be genuinely simple. Under Ala. Code § 43-8-131 it must be in writing, signed by you, and signed by at least two witnesses.
The complexity that matters is not in the wording. It is in the signing. Almost every homemade Alabama will that fails, fails on the witnesses.
The bare minimum
- A statement that this is your will and that it revokes earlier ones.
- Who receives what.
- Who serves as personal representative.
- Your signature.
- Two witnesses’ signatures.
That is a valid Alabama will. It is also leaving four cheap improvements on the table.
The four clauses worth adding
| Clause | What it does | Authority |
|---|---|---|
| Self-proving affidavit | The will is probated without producing the witnesses years later | § 43-8-132 |
| Bond waiver | Exempts your personal representative from posting bond — a real saving | § 43-2-851(c) |
| Successor personal representative | Avoids a hearing if your first choice cannot serve | — |
| Guardian nomination | If you have minor children, this exists in no other document | — |
There is no holographic will provision in Alabama’s execution statutes. Writing it out and signing it is not enough — two witnesses, every time. Section 43-8-135 can give effect to a will validly executed under another state’s law.
Ala. Code §§ 43-8-131, 43-8-135.Simple does not have to mean risky
A straightforward will is a short appointment and it is done properly. Call the Athens office.
Signing it correctly
- Print itSection 43-8-131 requires a writing. Do not sign a screen.
- Two witnesses, in the room, at the same timeEach must witness your signing or your acknowledgment of the signature or of the will.
- Witnesses who inherit nothingAlabama addresses who may witness at § 43-8-134. Two disinterested witnesses remove the argument entirely.
- Add the affidavit and notarizeUnder § 43-8-132 a self-proved will is probated without further proof.
- Store the original and tell someoneA copy raises a presumption problem at probate.
What a simple will does not solve
It does not reach your life insurance, your retirement accounts, your payable-on-death accounts or survivorship property. Those pass to whoever is named on the form or on the deed, regardless of what the will says.
It also does nothing while you are alive. For that you need a durable power of attorney under Ala. Code § 26-1A-101 and following, and an advance directive under § 22-8A-4.
When simple is not enough
- A blended family — § 43-8-41 gives a surviving spouse only one half where any child of yours is not also theirs.
- Real property in more than one state.
- A business interest, where the operating agreement may control regardless of the will.
- A beneficiary who is a minor, has a disability, or should not receive money outright.
- Anyone you intend to leave out.
Questions about simple wills
How short can an Alabama will be?
Short. It needs a statement of intent, a disposition, a personal representative, your signature and two witnesses. Adding a self-proving affidavit, a bond waiver, a successor and a guardian nomination is another page and worth it.
Do I need a lawyer for a simple will?
Not by statute. The risk is not in the wording — it is in the execution and in whether the will actually controls the assets you think it does. Both are things a short appointment resolves.
Is a handwritten will valid in Alabama?
Only if two people witnessed it. Alabama has no holographic will provision.
Does a simple will avoid probate?
No. A will is the instrument that governs probate — it has to be admitted by the probate court to have any effect at all.
Can I update a simple will myself?
Do not write on it. Marks on an executed will create arguments. Make a new will that expressly revokes the old one, executed with the same formalities.
Do both spouses need separate wills?
Yes. Each of you makes your own. They are usually prepared together and priced as one engagement.
Simple, and done properly
Wills, powers of attorney and advance directives for 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
