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Alabama Last Will and Testament

Alabama Last Will and Testament

By 

Jennifer Mcgee

·

Updated on  

January 3, 2023
·

7 mins

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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.

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
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“Should have done this before, had made it up to be really hard in my head. This was super easy!”

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 

Last Will and Testament Alabama Free Template

You can quickly create a simple estate plan by downloading a Last Will and Testament Alabama free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Alabama last will and testament. Once you go through the details and follow the required steps:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. Sign or notarize the document, depending on your state requirements. 

This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution. 

Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:

  • Online expert support: You can connect with our experts online and clear your doubts.
  • Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.

If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Alabama last will and testament. 

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Frequently Asked Questions

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.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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