A Last Will and Testament is a legal document in which an individual records his wishes as to how his/her possessions and affairs should be handled after his/her death.
The Alabama Last Will and Testament, also simply called a Will, is a legal document outlining your wishes on how you want your assets to be distributed when you die. These wishes could include who will inherit your house, personal belongings, or money.
The person making a Will is called the “testator,” while the people appointed to execute your Will and oversee your estate is called “executor.” The Alabama Last Will and Testament is used in several counties in Alabama, including Madison County, Mobile County, and Jefferson County.
You may download a PDF copy of the Alabama Last Will and Testament Template from websites that offer document templates. But you may electronically fill it out on PDFRun for your convenience.
Enter the necessary information in the Alabama Last Will and Testament PDF. Make sure that everything you enter is true, accurate, and correct.
Name
Enter your full legal name.
City
Enter your city.
County
Enter your county.
Expenses and Taxes
This section states that you, as the testator, shall direct to your Personal Representative all your debts and expenses of your last illness, funeral, and burial be paid as soon after your death as may be reasonably convenient. You also direct your Personal Representative to pay out of your estate any estate and inheritance taxes payable by reason of your death.
Said taxes shall be paid by your Personal Representative as if such taxes were your debts without recovery of any part of such payments from anyone who receives any item included in the computation of taxes.
Personal Representative
This section allows you to appoint your Personal Representative.
Name of Personal Representative
Enter the full legal name of your Personal Representative.
City
Enter the personal representative’s city.
County
Enter the personal representative’s county.
State
Enter the personal representative’s state.
In case your Personal Representative fails or ceases to serve, then you have to nominate another personal representative.
Name of Second Personal Representative
Enter the full legal name of your second personal representative.
City
Enter the second personal representative’s city.
County
Enter the second personal representative’s county.
State
Enter the second personal representative’s state.
Disposition of Property
This section allows you to devise and bequeath your property to the beneficiaries listed below.
1st beneficiary
Full name
Enter the full legal name of the first beneficiary.
Address
Enter the first beneficiary’s complete address.
Relation
Enter your relation to the first beneficiary.
Social Security Number
Enter the first beneficiary’s last four digits of their Social Security Number.
2nd beneficiary
Full name
Enter the full legal name of the second beneficiary.
Address
Enter the second beneficiary’s complete address.
Relation
Enter your relation to the second beneficiary.
Social Security Number
Enter the second beneficiary’s last four digits of their Social Security Number.
3rd beneficiary
Full name
Enter the full legal name of the third beneficiary.
Address
Enter the third beneficiary’s complete address.
Relation
Enter your relation to the third beneficiary.
Social Security Number
Enter the third beneficiary’s last four digits of their Social Security Number.
Omission
This section states that you have intentionally omitted in this Will to provide for any family members or issues of yours.
Bond
This section states that no bond shall be required of any fiduciary serving hereunder, whether or not specifically named in this Will. If a bond is required by law, no surety will be required on such bond.
Discretionary Powers of Personal Representative
This section states the discretionary powers of your Personal Representative:
Contesting Beneficiary
This section states that if any beneficiary under the Last Will and Testament in Alabama contests or attacks this Will shall have their share or interest in your estate revoked and it shall be disposed of in the same manner provided herein as if that contesting beneficiary had predeceased you.
Guardian Ad Litem Not Required
This section states that the representation by a guardian ad litem of the interests of persons unborn, unascertained, or legally incompetent to act in proceedings for the allowance of accounts shall be dispensed with to the extent permitted by law.
Gender
This section states that the use of a particular gender to the terms “Personal Representative” shall include any other gender, and references to the singular or plural shall be interchangeable.
Assignment
This section states that the interest of any beneficiary of this Will shall not be alienable, assignable, attachable, transferable, nor paid by way of anticipation, nor in compliance with any order, assignment, or covenant.
Governing Law
This section states that the AL Last Will and Testament shall be governed by the laws of the State of Alabama.
Binding Arrangement
This section states that any decision by your Personal Representative with respect to any discretionary power shall be final and binding on all persons interested.
Name
Enter your full legal name.
Date
Enter the date.
Testator Signature
Affix your signature.
Testator (Printed Name)
Enter your full legal name in print.
The paragraph below is to be filled out by your witness.
Date
Enter the date.
Name
Enter your full legal name as the testator.
Witness Signature
Have your witness affix their signature.
Address
Enter the witness’s complete address.
The following are the major requirements for a will in Alabama to be valid:
A self-proving affidavit may be used. A self-proving affidavit is a document that is signed by the testator and witnesses in the presence of a notary public. The notary public must also sign the document. This affidavit makes it easier to probate the will because it eliminates the need for the witnesses to come to court and testify that they witnessed the will. Without a self-proving affidavit, the witnesses would have to appear in court and testify under oath that they witnessed the execution of the will.
If you do not have a self-proving affidavit, you will need to have the witnesses appear in court and testify. If a witness is unavailable or dead, the court may allow testimony from other people who were present when the will was signed or who have personal knowledge of the testator's signature.
These requirements must be met in order for a will to be valid in Alabama. If any of these requirements are not met, the will may be considered invalid and the estate will be distributed according to the laws of intestate succession.
To fully understand the requirements for a valid will in Alabama, it is best to speak with an experienced estate planning attorney. An attorney can help you determine whether your will meets all of the necessary requirements and can help you create a self-proving affidavit if desired.
There is no requirement in Alabama that a will must be notarized. However, it is generally recommended that a will be notarized in order to ensure its validity. Notarizing a will provides an extra level of protection against fraud or challenges to the will's validity. If you choose to notarize your will, you can do so by taking it to a notary public and having them witness your signature on the document.
No, you are not required to have an attorney to create a will in Alabama. However, it is highly recommended that you consult with an experienced estate planning attorney to ensure that your will is valid and properly executed. An attorney can also help you plan for potential challenges to your will, such as claims of undue influence or mental incapacity. Finally, if your estate is complex, an attorney can help you navigate the probate process and minimize taxes and other expenses.
There is no legal requirement in Alabama that wills must be filed with the court, but doing so can provide some peace of mind and protection for the document.
Filing your will with the court can ensure that it is not lost or misplaced, and can also make it easier for your loved ones to find and access after your death.
You should consult with an attorney to determine whether filing your will with the court is right for you.
Yes, you can. You can prepare your own will in Alabama, but there are certain requirements that must be met in order for the will to be valid. The will must be in writing and signed by the testator (the person who is making the will). In addition, the will must be witnessed by two people who are not related to the testator.
It is also important to note that if you have any assets that are subject to probate, such as real estate or life insurance policies, you should consult with an attorney to ensure that your will is properly drafted in order to avoid any complications.
If you have any questions about preparing your own will in Alabama, please contact an experienced estate planning attorney in your area.
If there is no will in Alabama, the intestate laws of succession determine who inherits.
Intestate succession is the order in which the court distributes a person's property if they die without a will. The distribution of property is first made to the surviving spouse and children. If there are no surviving spouses or children, the property is distributed to the deceased person's parents. If there are no surviving parents, the property is distributed to the deceased person's siblings. If there are no surviving siblings, the property is distributed to the deceased person's grandparents. Ultimately, if there are no surviving relatives, the property goes to the state.
There are a number of things that can make a will invalid in Alabama:
These are some of the most common reasons why a will may be invalid in Alabama. If you have any questions about whether your will is valid, you should speak to an experienced estate planning attorney.
There are a few different ways to avoid probate in Alabama:
The above are just some of the ways that you can avoid probate. Probate can be a time-consuming and expensive process, so it is important to plan ahead to avoid it if possible. Speak with an experienced estate planning attorney to learn more about how you can avoid probate.
No, not all wills go to probate. If the estate is small and there are no disputes among the heirs, the will may not have to go through probate. The executor of the will can simply distribute the assets according to the terms of the will. However, if there are disputes or the estate is large, probate may be necessary. Probate is a legal process that ensures the validity of a will and protects the rights of heirs and creditors. It can be a lengthy and expensive process, so avoiding probate if possible is often desirable.
There is no definitive answer to this question since laws vary from state to state. However, in general, a homemade will is likely to be considered legal if it meets the same basic requirements as a professionally-prepared will. These requirements typically include:
If a homemade will does not meet these requirements, it may still be considered valid if it can be proven that the testator intended for it to be their last will and testament. For example, if the will is typed and signed by the testator, but not witnessed, a court may still consider it valid if there is evidence that the testator intended it to be their will (such as testimony from the person who prepared the will).
Ultimately, whether or not a homemade will is considered legal will depend on the specific laws of your state and the circumstances surrounding the will. If you have any questions about whether or not your homemade will is legal, you should consult an experienced estate planning attorney in your area.
A will is a legal document that outlines how a person's assets will be distributed after their death. The assets can include property, money, and possessions. The will typically names an executor, who is responsible for carrying out the deceased person's wishes. If there is no will, the deceased person's assets will be distributed according to state law.
The original copy of a will is typically kept by the executor or administrator of the estate. If you are the named executor or administrator, be sure to keep the original will in a safe place where it can't be lost or damaged. You may want to keep it in a fire-proof safe or lockbox or give it to your attorney to hold. It's important to have the original will available when it comes time to probate the estate.
You may also want to make copies of the will and keep them in a safe place. That way, if the original is lost or damaged, you'll have a backup. It's also a good idea to let your executor or administrator know where you keep copies of the will, in case they need to access them.
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