Alabama Proof of Will - Non-Self-Proving

Category:
State:
Alabama
Control #:
AL-013-05-CP
Format:
Word; 
Rich Text
Instant download

Description

This form is used when the Court determines that the execution of the will does not comply with Section 43-8-132 Code of Alabama of 1975, as amended, and that the will is therefore not self-proving and that further proof of proper execution by the decedent by actual testimony is required.

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FAQ

No, in Alabama, you do not need to notarize your will to make it legal. However, Alabama allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

A self-proving will is one that comes with a sworn statement from the testator, who acknowledges that the document is his last will and testament and that he or she is 18 years of age or older, of sound mind, and that he or she is executing the will voluntarily.

It must be in writing. Generally, of course, wills are composed on a computer and printed out. The person who made it must have signed and dated it. A will must be signed and dated by the person who made it. Two adult witnesses must have signed it. Witnesses are crucial.

It must be in writing. Generally, of course, wills are composed on a computer and printed out. The person who made it must have signed and dated it. A will must be signed and dated by the person who made it. Two adult witnesses must have signed it. Witnesses are crucial.

Alabama does not recognize oral (nuncupative) wills. Also, unlike some other states, Alabama does not permit handwritten and unwitnessed (holographic) wills, based on the legal requirement that all wills in Alabama be signed and witnessed by two people to be a valid will.

Signature: The will must be signed by the testator or by another person in the testator's name, under his direction and in his presence. Witnesses: At least two witnesses must sign an Alabama Last Will in order for it to be valid. Writing: An Alabama will must be written in order to be valid.

A Last Will and Testament is a legal document that provides for the distribution of a person's assets at death. Assuming that probate is necessary and that no alternatives to probate are available, all wills must be admitted to probate before they are considered to be effective.

A last will and testament in Alabama must be in writing and signed by the testator (the person writing the will), or at the testator's direction and in his or her presence. The will also has to be witnessed and signed by at least two people.

A last will and testament in Alabama must be in writing and signed by the testator (the person writing the will), or at the testator's direction and in his or her presence. The will also has to be witnessed and signed by at least two people.

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Alabama Proof of Will - Non-Self-Proving