Estate plan requirements

Alabama

Everything your estate plan needs to be valid in Alabama: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

Requirements at a glance

DocumentWitnessesNotary
Will2 requiredRecommended
Living trustNone requiredRecommended
Power of attorneyNone requiredRecommended
Healthcare directive2 requiredNot required

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Alabama content last reviewed May 18, 2026.

1

Will

Ala. Code §43-8-130 et seq.

Witnesses: 2 required

Two witnesses, each of whom witnessed either the testator's signing or the testator's acknowledgment of the signature or of the will (Ala. Code §43-8-131). Alabama's execution statute does not itself require the witnesses to sign in the testator's presence, but the self-proving affidavit has each witness swear that he or she signed the will in the presence and hearing of the testator (Ala. Code §43-8-132), so sign the will and the affidavit together in a single sitting with both witnesses present

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Not valid

Alabama does not recognize handwritten wills without witnesses

Self-proving affidavit: Available

Alabama prints its own self-proving certificate at Ala. Code §43-8-132(b), the form for an attested will made self-proved by the testator's acknowledgment and the witnesses' affidavits. Two recitals in the statutory words are not in the generic form: the witnesses swear that each of them, in the presence and hearing of the testator, signed the will as witness, and the officer's jurat reads "Subscribed, sworn to and acknowledged before me by" the testator. The generic form's "within a reasonable time" hedge appears nowhere in §43-8-132. Section 43-8-132(a) requires the officer's certificate to be under official seal, and §43-8-132(c) is what the wording buys: where the will is self-proved, compliance with the signature requirements for execution is conclusively presumed and the will is probated without further proof absent proof of fraud or forgery.

State-specific notes

•In Alabama, a separate list of personal items written after you sign your will is not legally binding, so name each item and the person who gets it in the specific gifts section of your will before you sign.
•Sign in one sitting. Alabama's self-proving affidavit (Ala. Code §43-8-132) has each witness swear that, in the presence and hearing of the testator, he or she signed the will as a witness. Do not sign the affidavit unless that is what actually happened: the testator, both witnesses, and the notary should complete the will and the affidavit together at the same table.
ViewSelf-proving affidavit wording
State of Alabama County of _______________ We, {testatorName}, _______________, and _______________, the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his/her last will and that he/she had signed willingly (or willingly directed another to sign for him or her), and that he/she executed it as his/her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of his/her knowledge the testator was at that time 18 years of age or older, of sound mind and under no constraint or undue influence. ___________________________________ {testatorName}, Testator ___________________________________ Witness ___________________________________ Witness Subscribed, sworn to and acknowledged before me by {testatorName}, the testator, and subscribed and sworn to before me by _______________, and _______________, witnesses, this _____ day of ______________, 20____. ___________________________________ Notary Public / Officer signature My commission expires: ___________________________________ Official capacity of officer: ___________________________________ (Affix official seal)
ViewWitness disqualification / interested-witness rule
Ala. Code §43-8-134: any person generally competent to be a witness may act as a witness to a will, and a will or any provision of it is not invalid because the will is signed by an interested witness. Alabama follows the UPC rule and has no purge statute, so a gift to an attesting witness remains effective. Using witnesses who take nothing under the will is still the safer practice.
2

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

Certification of trust: Ala. Code §19-3B-1013

Alabama lets your trustee prove the trust to a bank, brokerage, title company, insurer, or transfer agent with a short certification instead of the trust itself. It states that the trust exists, who the trustee is, and what the trustee may do, and it leaves out who inherits and what each person receives. Will.com generates the Alabama Certification of Trust with your trust, built to the contents that section requires. Sign it in front of the same notary, at the same sitting as the trust. The same section also says what happens if someone demands the trust itself anyway. Ala. Code §19-3B-1013(h) provides that a person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument.

3

Durable Power of Attorney

Witnesses: None required

No witnesses required for power of attorney

Notarization: Recommended

Notarization is not legally required but is recommended. It creates a presumption of genuine signature and simplifies third-party acceptance.

State-specific notes

•Notarization is REQUIRED IN PRACTICE for a commercially usable Alabama Financial POA. Alabama law does not condition the POA's underlying execution validity on notarization (Ala. Code §26-1A-105); the statute instead treats acknowledgment as the trigger for the presumption that the principal's signature is genuine. Acknowledgment is also the predicate for the third-party acceptance-protection rules that protect banks, brokerages, title insurers, and recording offices relying on the POA (Ala. Code §§26-1A-119 and 26-1A-120), and an Alabama POA that is not acknowledged before a notary public is refused on sight by financial institutions and is unrecordable for any real-property conveyance. Treat notarization as functionally mandatory: do not sign this Power of Attorney without completing the notary acknowledgment.
•Attestation by one witness is required for the general case; a second witness is required only when the signer cannot write and another person writes the signer's name (Ala. Code §35-4-20). Acknowledgment before a notary expressly 'operates as a compliance with the requisitions of section 35-4-20 upon the subject of witnesses,' so the notary acknowledgment alone satisfies that attestation requirement for any recordable instrument affecting real property (Ala. Code §35-4-23).
•Conveyances of real property must be recorded in the county where the property is situated (Ala. Code §35-4-62); the probate judge is separately fixed as the recording officer (Ala. Code §35-4-50).
•Witness signatures are commercially recommended (banks, brokerages, title insurers often request them) but are not required for validity
•Durability is presumed unless the instrument expressly states otherwise. §26-1A-104
ViewWarning notice for the principal
IMPORTANT INFORMATION This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Alabama Uniform Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975. This power of attorney does not authorize the agent to make health-care decisions for you. Such powers are governed by other applicable law. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you. Your agent is entitled to reimbursement of reasonable expenses and reasonable compensation unless you state otherwise in the Special Instructions. This form provides for designation of one agent. If you wish to name more than one agent you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions. If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent. This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions. If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
ViewAgent acknowledgment wording
AGENT'S DUTIES (Ala. Code §26-1A-114). Notwithstanding any provision in this power of attorney, an agent that has accepted appointment shall: (1) act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest; (2) act in good faith; and (3) act only within the scope of authority granted in this power of attorney. Except as otherwise provided in this power of attorney, an agent that has accepted appointment shall: (1) act loyally for the principal's benefit; (2) act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest; (3) act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances; (4) keep a record of all receipts, disbursements, and transactions made on behalf of the principal; (5) cooperate with a person that has authority to make health-care decisions for the principal to carry out the principal's reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal's best interest; and (6) attempt to preserve the principal's estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal's best interest based on all relevant factors. By signing below, I, the named Agent, accept the appointment under this power of attorney and acknowledge the duties recited above under Ala. Code §26-1A-114. I understand that I am subject to the liability for breach of duty established by Ala. Code §26-1A-117.
4

Advance Directive for Health Care

Ala. Code §22-8A-1 et seq.

Witnesses: 2 required

Two witnesses required (age 19+). Ala. Code §22-8A-4. Witnesses must be at least 19 years old

Notarization: Not required

Notarization is not required but may be accepted

State-specific notes

•Witnesses cannot be the health care proxy, anyone related to the declarant by blood, adoption, or marriage, anyone entitled to any part of the declarant's estate by intestate succession or under the declarant's will or a codicil, anyone who signed the directive for the declarant, or anyone directly financially responsible for the declarant's medical care. Ala. Code §22-8A-4(c)(4)
ViewWitness disqualification recital
Ala. Code §22-8A-4(c)(4): a witness to an Alabama advance directive must be at least 19 years of age and must not be (i) the person who signed the directive for the declarant at the declarant's direction, (ii) the designated health-care proxy, (iii) related to the declarant by blood, adoption, or marriage, (iv) entitled to any portion of the declarant's estate under the laws of intestate succession or under any will or codicil of the declarant, or (v) directly financially responsible for the declarant's medical care.
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6 more documents with a subscription

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Disposition of Remains Authorization

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

Designation of Guardian and Conservator

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

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Electronic will status

Alabama has not adopted electronic will legislation. A traditional paper will with physical signatures is required.

Digital assets access

Alabama has adopted RUFADAA (2018). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

Alabama authorized RON in 2021. Alabama Act 2021-319 (effective July 1, 2021), codified at Ala. Code §36-20-73.1 and amended by Act 2023-548 (effective Sept. 1, 2023), authorizes Remote Ink-Signed Notarization (RIN). 'Original signature' is defined as a signature signed directly onto a document in wet ink; true RON with electronic signatures is NOT authorized. The signer must wet-ink-sign the paper original while the Alabama notary observes via audio-video; the paper instrument is then transmitted to the notary for the notarial act. Act 2026-536 amends Ala. Code §36-20-73.1 effective October 1, 2026. If you are signing on or after that date, confirm the current rule with your notary.

Will

Not allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Alabama does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Alabama for guidance specific to your situation.

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