A Will That Holds Up — Drafted by a Mobile, Alabama Attorney Who Explains Every Step

Most people who need a will already know it. They just haven't found the right moment to start. One free consultation with me changes that — and most clients leave with a clear plan the same day.

Two people reviewing papers and working on a laptop on a couch in a bright living room

What a Valid Will Actually Requires in Alabama

Alabama law sets specific requirements for a will to be legally enforceable. Online templates and DIY forms frequently miss these details — and a will that fails to meet them can be thrown out entirely, leaving your family with nothing to go on.

The Testator Must Sign the Will

You must sign your will — or direct someone to sign it in your presence if you are physically unable. The signature must appear at the end of the document. A will signed incorrectly or in the wrong location may not be recognized under Alabama law.

Two Witnesses Must Be Present at the Same Time

Alabama requires two witnesses who observe your signature simultaneously. They must also sign the will themselves. A witness who signs after the fact, or who wasn't physically present when you signed, does not satisfy this requirement — and that gap can invalidate the entire document.

Notarization Creates a Self-Proving Will

Alabama allows wills to be notarized in a specific format that makes them "self-proving." A self-proving will can be admitted to probate without requiring the witnesses to testify in court. This step is optional but strongly recommended — it saves your family time, cost, and uncertainty after you're gone.

Your Will Must Reflect Your Current Circumstances

A will you signed ten years ago may not reflect your current family, assets, or wishes. Major life events — marriage, divorce, the birth of a child, the death of a named beneficiary — are all reasons to revisit the document. An outdated will can create the same problems as no will at all.

What a Will Can and Cannot Do

A will governs assets that pass through your estate — personal property, real estate held in your name alone, and accounts without a named beneficiary. It does not control assets with joint ownership or designated beneficiaries, like retirement accounts or life insurance. Understanding which assets your will actually covers is part of what we work through in the consultation.

When a Trust Makes More Sense Than a Will Alone

For some clients, a will is the right starting point. For others, a trust is a better fit — or both documents work together. If you have minor children, a blended family, a disabled dependent, or property in multiple states, a trust may give you more control and a cleaner path for your family. I'll tell you honestly which approach fits your situation.

What Happens If You Die Without a Will in Alabama

Without a valid will, Alabama's intestate succession laws determine who inherits your property. The state follows a fixed formula — and it may not match what you would have chosen.

 

Your spouse does not automatically receive everything. If you have children, your estate is divided between them according to a statutory formula. If you have no spouse and no children, the estate passes to parents, then siblings, then more distant relatives. The court has no way to know that you wanted your sister to have your grandmother's furniture, or that you intended to leave something to a close friend. Those wishes simply don't exist in the eyes of the law without a written will.

 

A will also names a guardian for your minor children. Without one, a court decides who raises them. That decision may not reflect your preferences — and the process itself is harder on your family than it needs to be.

What the Free Consultation Covers

You don't need to know anything about estate planning before we talk. That's what the consultation is for.

 

In a single conversation, I'll ask about your family, your assets, and what you want to accomplish. I'll explain what documents you likely need, why, and what the drafting process looks like from start to finish. By the end of the call, you'll have a clear picture of your options and a straightforward path forward — no pressure, no obligation, no legal jargon to decode on your own.

 

Most clients are surprised by how simple the process is once someone walks them through it.

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Frequently Asked Questions

  • Can I write my own will in Alabama?

    Technically, Alabama does recognize handwritten (holographic) wills under limited circumstances, but the requirements are strict and the risks are real. A handwritten will must be entirely in your own handwriting and signed by you — typed documents with handwritten additions generally do not qualify. More importantly, a holographic will is far more likely to face challenges during probate than a properly witnessed, attorney-drafted will. For most people, the cost of having a will professionally drafted is modest compared to the cost of having it contested or invalidated.

  • What makes a will invalid in Alabama?

    The most common reasons a will fails in Alabama are missing or improper witnesses, a signature that doesn't comply with the statutory requirements, evidence that the testator lacked mental capacity at the time of signing, or proof that the testator was under undue influence. A will can also be challenged if it was revoked by a later document or by a subsequent marriage. Attorney-drafted wills are prepared to satisfy every execution requirement from the start, which significantly reduces the likelihood of a successful challenge.

  • How much does it cost to have a will made in Mobile, Alabama?

    The cost of a will depends on the complexity of your situation — a straightforward will for a single individual is less involved than a coordinated estate plan for a couple with minor children and multiple assets. I discuss fees directly during the free consultation, after I understand what you actually need. There are no hidden charges and no pressure to add documents you don't need.

  • How often should I update my will?

    A general rule is to review your will every three to five years, and immediately after any significant life change — marriage, divorce, the birth or adoption of a child, the death of a beneficiary or named executor, or a major change in your assets. I'm available to clients who need updates, and because you work directly with me, there's no need to re-explain your situation to someone new.

  • Do I need both a will and a trust?

    Not everyone does. A will is the foundation of most estate plans and is sufficient for many straightforward situations. A trust becomes useful when you want to avoid probate, provide for a minor or disabled beneficiary over time, or manage assets across multiple states. During the consultation, I'll explain whether a will alone covers your needs or whether a trust would give your family a cleaner outcome.

Ready to Get Your Will Done? Start With a Free Consultation.

Getting a will in place doesn't have to be complicated or time-consuming. I work with clients across Mobile and south Alabama to draft clear, legally sound wills — and I handle every step personally. No staff handoffs, no waiting on a committee, no surprises.

 

Call me at (251) 380-8108, use the contact form, or schedule a free consultation online. We'll talk through your situation, I'll explain exactly what you need, and we'll get it done.