Legal Question in Wills and Trusts in Alabama

notarized will need witnesses?

If I have my will notarized, are witnesses

necessary?


Asked on 1/02/07, 12:31 pm

2 Answers from Attorneys

Norma Chaviers Norma M. Chaviers, LLC

Re: notarized will need witnesses?

In order for your will to be self proving (meaning your witnesses don't have to testify at your death), you must have at least two witnesses and the self proving language contained in Alabama statutory law (Sec. 43-8-132). The statements of your witnesses must be notarized. Consult a local attorney familiar with probate issues and/or estate planning for further information. Good luck!

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Answered on 1/02/07, 1:18 pm
William Nolan Nolan Elder Law LLC

Re: notarized will need witnesses?

Wills must be witnessed to be legal. They can also be notarized, which eliminates the need for your witness to appear before the Probate Judge when your will is admitted to probate. In addition to these requirements though, there are other important elements to be considered and your will is the one thing you can't change once a problem is determined. Why not have an attorney look over your will to check it out? You know the old saying- penny-wise and pound foolish? It was created to describe folks who decide to write their own wills to save a few bucks.

Bill Nolan

NolanElderLaw.com

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Answered on 1/02/07, 1:51 pm


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