Estate plan

Alabama

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

Will

2W

Trust

POA

HC Directive

2W

E-will

Not adopted

RON

Limited

Since 2021, not all documents

ROW

Not allowed

Remote online witnessing

Community property

No

Minimum age

18

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses = no formal requirements
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); the witnesses need not sign in the testator's presence

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

Allows the will to be admitted to probate without witness testimony

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

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

Ala. Code §26-1A-105 does NOT require notarization for the POA to be valid: notarization establishes only the presumption of genuineness of the principal's signature and is the practical predicate for the §§26-1A-119 and 26-1A-120 acceptance-protection rules that protect financial institutions relying on the POA. The POA is legally enforceable without notarization, but un-notarized POAs are commercially refused on sight.
Ala. Code §35-4-20 requires attestation by one witness 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 §35-4-23 expressly provides that acknowledgment before a notary 'operates as a compliance with the requisitions of section 35-4-20 upon the subject of witnesses,' so the notary acknowledgment alone satisfies §35-4-20 for any recordable instrument affecting real property.
Ala. Code §35-4-62 requires conveyances of real property to be recorded in the county where the property is situated; §35-4-50 separately fixes the probate judge as the recording officer.
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
ViewStatutory warning notice
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 agent, heirs, or those financially responsible for the principal's care
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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.

Nomination of 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.

Free vs. Plus

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All 4 state-specific documents
State-specific signing guide
Download as PDF, print forever
Covers real estate, business, digital, and funeral wishes
Disposition of remains authorization
Standalone HIPAA authorization
Nomination of conservator
Business succession declaration
Real-estate retitling checklist
Special needs trust provisions
Letter of instruction, pre-filled and editable
Edit anytime, stored in your account
Annual review reminder
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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.

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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