Is An Online Will Legally Valid in Alabama?
Yes, online wills are considered legally valid in Alabama. However, there are some rules you should know about thatt makes them legal. You have to take steps beyond simply creating one online. Learn more about those rules below.
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What Makes an Online Will Legally Valid in Alabama?
Online wills are legal in Alabama, but the rules here are stricter than in many states. Electronic wills are not recognized, so the document must be printed on paper. It must be signed by the person stating their wishes (the testator) and signed by two credible witnesses who watched the signing or heard the testator acknowledge it. Notarization is only required if you want to create a self-proving will, which can help reduce delays.
Unlike many states, Alabama does not recognize holographic, or handwritten, wills. Even a will written entirely by hand still needs two witnesses to be valid.
What You Need to Know about Online Wills in Alabama
Alabama Property Laws
Estate laws vary depending on what state you live in and they are often extremely complex. Your online will needs to be structured according to your state’s laws if you want to avoid delays and a costly court process.
Alabama is not a community property state, but rather a common law property state. This means ownership is determined by whose name appears on a title, deed, or account. In Alabama, a surviving spouse can claim an elective share of the estate, even if a will provides less.
Alabama Probate
All wills go through probate in the state of Alabama unless the estate's personal property is valued at roughly $47,000 or less (as of 2026), in which case you may qualify for summary distribution through the Probate Court. Otherwise, the only way to avoid court is by creating a living trust. Additionally, there is not state estate or inheritance tax.
Avoiding Probate in Alabama
- Choose to put your assets in a revocable living trust to avoid probate proceedings. Your trust will identify who manages those assets after your death.
- Name beneficiaries on account. A payable-on-death (POD) designation or a transfer-on-death (TOD) designation will specify who receives payment at the time of your death.
- Make sure to set up joint ownership with right of survivorship on properties, giving your spouse automatic ownership.
- Remember that Alabama's small estate process only covers personal property, so real estate still needs a trust, joint ownership, or a will.
Want to learn more about trusts in Alabama? This is what you’ll need to know to put together your trust.
