43-8-167
to the methods already provided, the will of a person serving in the armed forces of the United
States, executed while such person is in the actual service of the United States, or the will
of a seaman, executed while such seaman was at sea, shall be admitted to probate when either
or all of the subscribing witnesses is out of the state at the time said will is offered for
probate, or when the places of address of such witness or witnesses are unknown upon the oath
of at least three credible witnesses, that the signature to said will is in the handwriting
of the person whose will it purports to be. Such will so proven shall be effective to devise
real property as well as to bequeath personal property of all kinds. (Code 1852, §§1624,
1625; Code 1867, §§1943, 1944; Code 1876, §§2307, 2308; Code 1886, §§1979, 1980; Code
1896, §§4276, 4277; Code 1907, §§6185, 6186; Code 1923, §§10613, 10614; Code 1940, T.
61, §§39, 40; Acts 1945, No. 78, p. 75; Code 1975, §43-1-44.)...
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12-21-62
Section 12-21-62 Subscribing witnesses - Proof of execution when dead, etc. Whenever the subscribing
witnesses to an instrument in writing are dead, insane, incompetent or are without the state
or their residence is unknown or, being produced, they do not recollect the transaction, then
proof of the actual signing by, or of the handwriting of, the alleged maker or subscribing
witness shall be received as primary evidence of the fact of execution; and, if such evidence
is not attainable, the court may admit evidence of the handwriting of the subscribing witnesses
or other secondary evidence to establish such fact of execution. (Code 1907, §4005; Code
1923, §7703; Code 1940, T. 7, §417.)...
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43-8-162
Section 43-8-162 Where will probated. Wills must be proved in the several probate courts as
follows: (1) When the testator, at the time of his death, was an inhabitant of the county,
in the probate court of such county. (2) When the testator, not being an inhabitant of the
state, dies in the county, leaving assets therein, in the probate court of such county. (3)
When the testator, not being an inhabitant of the state, dies out of the county, leaving assets
therein, in the probate of the county in which such assets, or any part thereof, are. (4)
When the testator, not being an inhabitant of the state, dies, not leaving assets therein,
and assets thereafter come into any county, in the probate court of any county into which
such assets are brought. (5) In the probate court of the county designated by testator in
the will if the testator owns property in such county at the time of his death. (Code 1852,
§1621; Code 1867, §1940; Code 1876, §2304; Code 1886, §1976; Code 1896, §4273;...
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35-4-30
Section 35-4-30 Form of probate of conveyance. The form of a probate of a conveyance or other
instrument is as follows: The State of ___} ___ County} I, (name and style of the officer),
hereby certify that ______, a subscribing witness to the foregoing conveyance, known to me,
appeared before me on this day, and being sworn, stated that ___, the grantor, voluntarily
executed the same in his presence, and in the presence of the other subscribing witness, on
the day the same bears date; that he attested the same in the presence of the grantor, and
of the other witness, and that such other witness subscribed his name as a witness in his
presence. Given under my hand, this ______ day of _____, A. D._____. A. B. Judge, etc. (or
as the case may be). (Code 1852, §1280; Code 1867, §1549; Code 1876, §2159; Code 1886,
§1803; Code 1896, §997; Code 1907, §3362; Code 1923, §6846; Code 1940, T. 47, §31.)...

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12-21-39
Section 12-21-39 Handwriting - Evidence for comparison. In any proceeding before a court or
judicial officer of the state where the genuineness of the handwriting of any person may be
involved, any admitted or proved handwriting of such person shall be competent evidence as
a basis for comparison by witnesses or by the jury, court or officer conducting such proceeding
to prove or disprove such genuineness. (Code 1923, §7707; Code 1940, T. 7, §420.)...
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43-8-175
be contested and controverted in the same manner as wills are subject to be contested and controverted
when offered or propounded for original probate and record in the courts of this state. If
the will has been admitted to probate elsewhere than in some other state of the United States
of America, or some territory, district or country subject to the jurisdiction of the United
States of America, if such will purports or undertakes to dispose of, or if it has the effect
of disposing of, any personal property situated within the state of Alabama, such will,
in order to be valid to that end, shall be probated in all respects, including notice to the
next of kin of the testator or testatrix, as wills are required to be probated in the courts
of the state of Alabama, upon original proceedings to probate wills in this state, and shall
be subject to be contested and controverted when offered or propounded for original probate
and record in the courts of this state. (Code 1852, §1630; Code...
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43-8-160
Section 43-8-160 Who may have will probated. Upon the death of a testator, any executor, devisee,
or legatee named in the will, or any person interested in the estate, or who has custody of
such will may have the will proved before the proper probate court. (Code 1852, §1620; Code
1867, §1939; Code 1876, §2303; Code 1886, §1975; Code 1896, §4272; Code 1907, §6181;
Code 1923, §10607; Code 1940, T. 61, §33; Code 1975, §43-1-36.)...
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43-8-132
Section 43-8-132 Self-proved will - Form and execution; how attested will made self-proved;
effect. (a) Any will may be simultaneously executed, attested, and made self-proved, by acknowledgment
thereof by the testator and affidavits of the witnesses, each made before an officer authorized
to administer oaths under the laws of the state where execution occurs and evidenced by the
officer's certificate, under official seal, in substantially the following form: "I,
_____, the testator, sign my name to this instrument this ______ day of _____, 19__, and being
first duly sworn, do hereby declare to the undersigned authority that I sign and execute this
instrument as my last will and that I sign it willingly (or willingly direct another to sign
for me), that I execute it as my free and voluntary act for the purposes therein expressed,
and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence."
___ Testator "We, _____, the witnesses, sign...
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43-2-192
Section 43-2-192 Appointment of nonresident executor - Filing of copies of will and letters
testamentary; bond and surety. When the will has been probated in another state or territory,
before issuing letters testamentary thereon to a nonresident executor, the judge of probate
must require him to file in court a copy of the will under which he is appointed, together
with a certificate of the judge of the court in which the will was probated, that such will
was regularly proved and established and that letters testamentary were issued to him thereon,
in accordance with the laws of the state or territory in which such original letters were
granted, and also to give bond and surety upon the same terms, conditions and requirements
as are required by law of citizens of this state. But if it shall appear from the will that
the testator, by an express provision therein, has exempted the applicant from giving bond
as executor, such bond must not be required, except in the cases specified in...
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15-16-20
Section 15-16-20 Duty of judge to institute investigation on sanity of certain confined persons;
proceedings where person found insane. If any person other than a minor in confinement, under
indictment, for want of bail for good behavior, for keeping the peace or appearing as a witness,
in consequence of any summary conviction appears to be insane, the judge of the circuit court
of the county where he is confined must institute a careful investigation, call a respectable
physician and call other credible witnesses; and, if he deems it necessary, he may call a
jury, for which purpose he is empowered to compel attendance of witnesses and jurors. If it
is satisfactorily proved that the person is insane, the judge may discharge him from imprisonment
and order his safe custody and removal to the Alabama state hospitals, where he must remain
until restored to his right mind, and then, if the judge shall have so directed, the superintendent
must inform the judge and sheriff, whereupon the...
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