Wills
Alabama Last Will and Testament
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Alabama Last Will and Testament

By 

Jennifer Mcgee

Head of Legal at TrulyWill

Making your Alabama last will and testament can be a simple and easy process, contrary to what most people think. It's not like the traditional process where you have to spend hours in the lawyer's office to understand the process. You could easily find information online and choose a trusted platform to make an online last will and testament. It's easy, accessible, jargon-free, and an efficient process for making your will.

Therefore, it's time to complete the task if you've been holding back on making your will. You could read more about estate planning 101 and decide how you want to manage your assets.

Table of contents

1. Requirements for a Alabama Last Will and Testament  

2. Who can be your witnesses?

3. Alabama rules for a personal representative

4. Alabama Last Will and Amendment Notarization

5. Last Will Revocation rules

6. Last Will Amendment rules

7. Alabama rules for divorce after making your last will

8. What happens if you don't have a will in Alabama?

9. How can TrulyWill help with your online will?

Requirements for an Alabama Last Will and Testament 

  • Written and Oral: An Alabama last will and testament should be on paper. It cannot be audio, video, or other digital file forms. Also, Alabama state doesn't allow written or holographic wills.
  • Must be of at least 18 age or an emancipated minor
  • Sound mind and memory: The testator for an Alabama last will must understand the process, nature of their property, and beneficiaries. They must have a sound mind and memory for the will to be valid.
  • Signed by the testator: To make it legal, you must sign your Alabama last will and testament before your two witnesses.
  • Signed by the witnesses: You must have two witnesses for the will. They should acknowledge and sign the will before the testator. 
Last Will and Testament Alabama

Who can be your witnesses for an Alabama Last Will and Testament? 

Your witnesses for an Alabama last will must follow these conditions:

  1. Should be of age 18 or above
  2. The witnesses should be of a sound mind and memory and competent to be a witness. 
  3. Alabama allows beneficiaries of the will to act as witnesses. However, such a will can be easily challenged. It's better to choose two disinterested witnesses. 

Alabama rules for a personal representative or an executor 

Choosing an executor for your Alabama last will would ensure that your wishes are followed and that the process doesn't end up in a stranger's hands. However, the executor should follow these conditions to be eligible for the role:

  1. Must be at least 19 or above
  2. Capable of performing the job, i.e., of a sound mind.
  3. They must not be convicted of an infamous crime such as embezzlement or bribery.
  4. Alabama allows you to choose someone out of state as your executor. 

Last will and Testament Notarization in Alabama 

There's no compulsion to notarize your Alabama last will and testament. However, you should add a self-proving affidavit to the will to speed up your probate process. Here's how you can do that:

  • Find a notary public to make a self-proving affidavit for the will. 
  • You and the witnesses must go to the notary and sign the affidavit, stating who you are and that you know you're signing a will.

Last Will Revocation in Alabama 

You could follow any of these things to revoke your Alabama last will and testament:

  • Destroy your last will by tearing, burning, obliterating, shredding.
  • Asking someone to destroy the last will before you and two witnesses 
  • Making a new legal will, which revokes any part or the entire previous will.

Last Will Amendment rules Alabama. 

If you wish to make some minor and simple changes to your Alabama last will, you can do it through a Codicil. It will allow you to introduce changes to your existing will and avoid revoking it.

However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.

Alabama rules for divorce after making your last will

  • The Alabama law revokes any gift you leave to your spouse.
  • Revokes any appointment of your spouse as the trustee or executor 
  • However, the provisions will stand if you state otherwise in your last will

What happens if you don't have a will in Alabama?

Case

What happens 

Has children, no spouse 

Children inherit everything 

Has a spouse, no children, no parents 

Spouse inherits everything 

Has a spouse and children (you share the children with that spouse)

Spouse inherits the first $50,000 and half of the remaining estate.

Children inherit the remaining half of the estate 

Has a spouse and children (you don't share the children with that spouse)

The spouse gets half of the estate and the children inherit the remaining half

Has a spouse and parents 

Spouse inherits the first $100,000 and half of the remaining estate.

Parents inherit the remaining half of the estate 

Has parents, no spouse, no children 

Parents inherit everything 

Has siblings, no spouse, no children, no parents 

Siblings inherit everything 

How can TrulyWill help with an online Will and Testament? 

TrulyWill is the perfect option to create a hassle-free online last will. You could go to the platform from your home's comfort and make your online will and testament. Online wills are a straightforward process; you should opt for them rather than spending hours in a lawyer's office. Furthermore, the process is pretty simple; you just add details, review for mistakes, read the guidelines, and download. That's it!

What else can TrulyWill do?

TrulyWill helps fulfill your varying needs for a will. You can opt for a simple last will and testament online or seek professional help. We offer everything from one-on-one legal support to solve your will issues.

Furthermore, you could opt for a trust-based plan depending on what suits you better. TrulyWill can help you figure out the process and help avoid substantial legal fees. So, you should go to the platform and get your online will in just a few minutes.

Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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Is it an expensive procedure to make a will?
Traditional will-making processes can be pretty expensive. However, with online tools and platforms, you can do it in an affordable way.
Can I leave or donate my estate to an organization or charity?
You can leave all your assets to a charity organization. The court would follow your wishes and provide the organization with everything. However, consult an attorney to avoid any problems.
Can an executor or guardian refuse to take up the role?
Yes, your guardian or executor can refuse to take on the job. It is always better to ask the person and get their approval before mentioning them on your will.
Do I need to notarize my will?
Different states have varying requirements for Notarization. It's better to read your state rules before finalizing your last will and testament.
Can my last will and testament be oral?
Only a few states consider an oral will legal only if it follows the rules. You would have to fulfill some criteria the state sets to be eligible to make an oral will. However, you shouldn't risk this to chance and create a solid, legal will on paper.
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