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
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
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
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
ViewStatutory warning notice
ViewAgent acknowledgment wording
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
6 more documents with Will.com Plus
$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.
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
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.