How to Write a Will in Alabama

Writing a will is an essential step in planning your future.  Securing your property and loved ones after your demise is an indispensable document. A valid will, according to Alabama law, requires several requirements. First, you must be above the age of 18 years, be of sound mind, and make the will of choice. Secondly, you must adhere to this article’s legal and formal requirements. 

What are the Steps to Create a Will in Alabama

The following are the steps to create a will in Alabama:

1. Make a list of all your assets, including but not limited to bank accounts, investments, real estate, personal property
2. Make a list of your beneficiaries, including your spouse, children, parents, friends, charitable organizations
3. Choose an executor or personal representative
4. Choose a guardian for your minor children
5. Consult with an attorney on the type of will you would like to create
6. Choose the will you would like to draft and draft the will
7. Sign the will in the presence of two credible witnesses
8. Store the will safely

What Happens if I Don’t Have a Will?

When you die without a will, you are considered to have died intestate. When you die intestate, the intestacy laws in Alabama apply to the distribution of your estate. According to intestacy laws, only close family members can inherit your property. Your spouse, children, parents, and siblings are the only persons who can inherit your estate under intestacy laws. 

What are the Requirements for Writing a Last Will and Testament in Alabama?

The requirements for writing a last will and testament in Alabama are as follows:

1. The testator must be an adult of sound mind;
2. The will must be in writing, whether typed or handwritten;
3. The testator must sign the will;
4. Two credible and competent witnesses must witness the signing of the will by the testator; and 
5. The will may be notarized. Notarization of a will is not mandatory. 

How Often Should You Review and Update Your Alabama Will?

You should update your will regularly when major and minor life changes occur, such as purchasing assets, getting married, getting divorced, selling property, or having a child or a pet. We recommend that you update your will at least twice a year. 

How to revise and update your will in Alabama

You may revise and update your will by making a new will that revokes an existing will and entails new provisions that make revisions and updates to your existing will.

Additionally, you may revise and update your will by creating a codicil. The codicil must be in writing, signed by the testator, and witnessed by two competent witnesses. 

What Makes a Will Valid in Alabama?

For a will to be considered valid in Alabama, the following requirements must be met:

1. Age and Capacity:  The testator must be an adult of sound mind and have the testamentary capacity to write a will. In Alabama, an adult is a person at least 18 years old.

2. Writing: The will must be in writing, whether handwritten or typed. Orals wills, audio wills, or audiovisual wills are not valid.

3. Signature: the testator must sign the will at the end of the will. When the testator cannot sign the will, they may authorize another person to sign on their behalf in the presence of the testator. 

4. Witnessing: The will must be witnessed by two credible witnesses uninterested in the testator’s estate. 

Can a Handwritten Will Be Valid in Alabama?

Yes, a handwritten will is valid in Alabama if written in the testator’s hand and signed by the testator. A handwritten will does not have to be witnessed by two credible witnesses. 

How Do I Sign My Alabama Will?

You sign your Alabama using a wet ink signature at the end of the will. The signature may be initials or a thumbprint signature. Any information after the signature is considered not part of the will. 

What Can I Include in an Online Will in Alabama?

A testator has testamentary freedom to include whatever they wish in their will; here are some things they can include in the will: 

1. This is a list of assets, which include land, personal property, vehicles, investment accounts and securities, digital assets, and real estate.
2. List of beneficiaries, including your spouse, your children, your relatives and friends;
3. Name an executor who will be in charge of administering the estate
4. Name a guardian for minors or pets;
5. Name specific bequests
6. Make your funeral wishes

Types of assets covered in an Alabama Will

The types of assets one can cover in Alabama will include:

1. Real property, such as land and real estate
2. Personal Property: antiques, vehicles, sentimental items, jewelry, pets, personal items, furniture, and appliances.
3. Digital Assets: YouTube accounts, online accounts, social media, and other logins.
4. Money in bank accounts, shares in companies, business assets, and interests.

In addition to knowing assets that should be in a will, it is essential to know assets that do not belong in a will, such as jointly owned property and life insurance policies.

Can I Revoke or Change My Will in Alabama?

Yes, you can revoke or change your will by making a new one that expressly revokes an existing one. Alternatively, life events such as marriage and divorce can revoke a will. A subsequent marriage or divorce after making a will may revoke a will.

You can change your will by creating an instrument known as a ‘codicil,’ which is supplemental to a will and may be used to amend an existing will. 

How do you Revoke or Change your will in Alabama?

Before revoking a will, one needs to understand Alabama’s laws on will revocation. In Alabama, for you to revoke a will, you must have testamentary capacity and the intention to revoke the will. You may revoke a will by:

1. Drafting a new will that revokes an existing will and
2. Destroying an existing will by shredding, burning, and tearing.

A testator may change his or her will by creating a new will or drafting an instrument called a codicil. The codicil will make changes to an existing will. For changes and updates to your will, contact LegalPen, will-writing professionals. 

Can I Make a Digital or Electronic Will in Alabama?

Yes, you can make a digital or electronic will in Alabama. Moreover, after making the will, you should print it on paper and execute it in the presence of two credible witnesses who must attest to and witness the signing of your will. 

Who Can Witness a Will in Alabama?

Two or more competent witnesses must witness a will. A competent witness is regarded as:

1. An adult of at least 18 years old;
2. Being of sound mind and 
3. A person disinterested in the testator’s estate, not being a beneficiary under the will. 

Should My Will Name an Executor?

Yes, your will should name an executor or a personal representative. The personal representative distributes your assets according to the will, manages your assets, and ensures your wishes are honoured. 

What are Alabama’s will executor requirements?

Alabama Code Title 41- Wills and Decedents Section 43-2-22 states the executor requirements in Alabama. The executor must be:

1. At least 19 years old; and
2. Of sound mind- that is not adjudged as incapacitated by a court. 

What Happens to a Will After Death in Alabama?

When a testator dies, their will is probated. Probating a will is presenting a will before the probate court. The probate judge ensures that the will is legal and valid and that the Alabama laws regarding the distribution of estates are followed.

A personal representative, a property recipient, or anyone with a financial interest in the estate may present the will before the probate court.

What is the Impact of Marriage and Divorce on Your Alabama Will?

According to the Alabama Code Title 41- Wills and Decedents Section 43-8-137, divorce and marriage revoke a will. After executing a will, if the testator is divorced or their marriage annulled, any will made during the subsistence of the marriage is revoked. Any disposition made to a former spouse or any clause appointing a former spouse as a power of attorney is revoked and voided. 

Do all wills in Alabama have to go through probate?

Yes, all wills have to go through probate. During the probate process, the validity and legitimacy of the will are considered. However, the probate process for complex estates differs from that for small estates. Small estates go through a simplified process called Small Estate Probate, which is less time-consuming than the traditional probate process. The probate process in Alabama takes approximately 6 months. 

Is Alabama a community property state?

No, Alabama is not a community property state but an equitable distribution state. Assets are divided equitably among spouses rather than equally. When dividing property equitably among the spouses, judges have discretion on distributing the property. Some factors they consider are the age and health of each spouse, each spouse’s contribution to the acquisition of the property, length of marriage, individual needs of each spouse, the number of children, and the living arrangement for any children. 

How is Alabama’s intestate succession done?

In Alabama, intestate succession is done according to the intestacy laws as follows:

1. Property going to the surviving spouse:
2. The entire estate if no surviving issue or parents of the decedent
3. First $100,000, plus half of the balance of the estate if there is no surviving issue but there is the surviving parent (s)
4. First, $50,000, plus half of the balance of the estate if there are surviving issues, all of whom are issues of the surviving spouse or
5. Half of the estate is if there are surviving issues that are not issues of the surviving spouse.
6. Property not going to surviving spouse

When there is no surviving spouse or property left after the spouse receives his or her share, it passes under the following priority: All of the property passes to the issue unless there is none. When none, all passes to the parents. When neither parent is living, the estate passes to siblings, and so on under this priority: parents, brothers and sisters, grandparents, aunts and uncles. 

How is Estate and Inheritance tax in Alabama done? 

Alabama does not have an estate and inheritance tax. Beneficiaries of the deceased’s estate do not pay inheritance tax. However, federal tax is applicable for estates in Alabama with a value of over $12 million.