Alabama § 12-21-62 - Subscribing Witnesses - Proof of Execution When Dead, Etc.
Full text of Alabama Code of Alabama § 12-21-62 — Subscribing Witnesses - Proof of Execution When Dead, Etc., with citation guidance and answers to common questions.
§ 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.
Source: official Alabama text · Last verified 2026-08-27
Frequently Asked Questions About Alabama § 12-21-62
What does Code of Alabama § 12-21-62 cover?
Section 12-21-62 ("Subscribing Witnesses - Proof of Execution When Dead, Etc.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 12-21-62?
A common citation format is "Code of Alabama § 12-21-62" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 12-21-62 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.