Detailed Answer
Under Alabama law, a valid will must be in writing, signed by the testator, and attested by at least two competent witnesses as required by Ala. Code § 43-8-113 (link). Notarization is not required for validity but is needed for a self-proving affidavit under Ala. Code § 43-8-114 (link). Without the witnesses’ signatures or a self-proving affidavit, the court will not admit the will for probate.
Alabama does not recognize holographic (handwritten) wills. However, there is a limited exception for military wills: if the testator was a U.S. armed forces member serving in active duty, a will executed in compliance with federal military law can be admitted under Ala. Code § 43-8-128 (link).
If the will fails formal requirements and no exception applies, the court will treat the estate as intestate. In that event, assets pass according to Alabama’s intestacy statutes. To challenge invalidation, interested parties may present evidence of the decedent’s testamentary intent, but Alabama courts rarely admit informal wills absent statutory authorization.
Steps to Take
- Confirm whether the testator was a military service member at death.
- Locate any witnesses who observed the testator’s signature.
- Gather written evidence or communications showing testamentary intent.
- Consult a probate attorney to explore petitions for informal probate or beneficiary waivers.
Helpful Hints
- Review Ala. Code § 43-8-113 before petitioning for probate.
- Check for a self-proving affidavit to simplify admission.
- Consider informal probate to avoid formal court hearings.
- Discuss beneficiary agreements to waive defects.
- Ensure all filings comply with local probate court rules.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney to address your specific situation.