Will Writing Service in Alabama

Whether married or single, an adult in Alabama may write their will, instruct an attorney to write their will, or write their will with the help of LegalPen, an online writing company. Writing a will is essential in planning your future and caring for your assets and loved ones. The will-writing process is a simple yet crucial process in one’s life. Write your will today by following the pointers in this article. 

How much does it cost to write a will in Alabama?

In Alabama, writing a will costs an average of $200 to $800. The cost depends on the complexity of your estate, attorney fees, and your wishes and preferences. Adults intending to create a will may write it themselves or involve an attorney or LegalPen, an online will-writing company. 

Can I write a will without a lawyer in Alabama?

Yes, you can write a will without a lawyer in Alabama. Any adult over 18 may write their own will, use online forms to create their will, or engage LegalPen to write a will for them. Whether you write the will yourself or engage another party’s services, go through the Alabama Code Title 41 Wills and Decedents/Estates to ensure your will complies with Alabama laws. 

Is it Legal to Write Your Own Will in Alabama?

Yes, it is legal to write your own will in Alabama. Once you write your will, you should sign it or permit someone to sign it. The person who signs the will on your behalf should sign it in your presence. The will has to be witnessed and signed by two credible witnesses who must be present and see the witness signing. 

Does a will in Alabama need to be notarized?

No, a will in Alabama does not need to be notarized. However, to make your will ‘self-proving’, you may need to notarize it. The will shall be notarized by a notary public registered in Alabama. Notarizing a will involves affixing the official seal and signature of the notary public on the will. Notarization verifies that the person who signed the will did so voluntarily and was of sound mind. 

Do I Need a Lawyer to Make a Will in Alabama?

No, you do not need a lawyer to make a will in Alabama. Testators may make their wills according to their needs and wishes. Additionally, they may use online websites and platforms to create their wills. However, the will made by a testator may fail to comply with the law and be declared invalid due to the lack of legal requirements that make a will valid.

To prevent your will from being invalid, the testator may consult LegalPen, an online will-writing company, or an estate attorney in their state.

Do I Need a Lawyer to File a Will in Alabama?

No, you do not need a Lawyer to file a will in Alabama. You may file your will in the Probate Court in your county. In addition to the testator filing their will at the Probate Court, an executor may file the decedent’s will in the Probate Court within six months after the decedent’s death. 

Are Online Wills Legal in Alabama?

No, online wills are not legal in Alabama. Testators intending to make their wills may create them using websites, software, and online will-writing companies such as LegalPen. After creating an online will with LegalPen, the testator should print it, execute it, and have it in hard copy.  

How to Include Digital Assets in an Alabama Will

The State of Alabama passed the Revised Uniform Fiduciary Access to Digital Assets Act, which governs the allocation of digital assets. It emphasizes that digital assets must be included in a will to prevent failure to access them upon the testator’s demise.  

To include digital assets, one must include an updated list of such assets as cryptocurrency, social media accounts, online bank accounts, and others. After including a list of your digital assets, you should choose an executor who will administer them and leave passwords and key logins for the accounts. 

How to Disinherit Someone in an Alabama Will

You can disinherit someone in your Alabama will by failing to include them. However, in the will, you should state explicitly your intention to leave them out of the will. 

Before disinheriting a family member, it is important to consider factors such as spouses’ and children’s rights. Alabama law protects spouses from being completely disinherited. They can claim a portion of your estate through the ‘elective share’ process if you disinherit them. This process entitles them to a third of your estate despite the provisions of your will. 

How to Handle Debts and Liabilities in an Alabama Will

Before the residue of your estate is divided among your beneficiaries, debts and liabilities are paid out of the value of your estate. During the probate process, both secured and unsecured creditors are allowed to claim from your estate, making it lengthy.

Testators must include a list of their debts and liabilities in the will to prevent a lengthy probate process and account for all their debtors. They can consist of a list of the secured and unsecured creditors and the priority of payment. 

How to Provide for Minor Children in an Alabama Will

When you have minor children, you should name a guardian. After naming a guardian, you will leave the property to your children, and the guardian will hold the property in trust for your children. The guardian holds the property in trust for the children; they do not utilize it for their own needs. When the property is left outright to the children, it passes according to the intestacy laws. 

How to Store Your Alabama Will Safely

You can store your will in a fireproof box or a safe in your office or home. When storing your will, you should consider safety from physical harm and online attacks and accessibility in case of death or emergency. After storing the will, you should let your executor and power of attorney know where you have stored it; you can share your key with them or share the password in your safe box. You should inform your executor or power of attorney whenever you move house or store the will in a new location. 

How to Contest a Will in Alabama

A beneficiary contesting a will submit a claim to the probate court in the county where the decedent resided at his death. A person may contest a will on the grounds of Farid, mental incapacity of the testator, a disinherited spouse, undue influence, and duress involved during the making and execution of the will. 

A person intending to dispute a will should do so within six months of the executor presenting the will to the probate court. 

What are No-Contest Clauses in Alabama Wills?

A no-contest clause prohibits beneficiaries or other interested persons from contesting the will. It serves the purpose of discouraging the beneficiaries from contesting a will. However, sometimes, this clause is unenforceable. Alabama courts may use discretion to determine whether or not the contest is frivolous or valid. 

What is the difference between probate in Alabama and Louisiana?

There is a difference between probate in Alabama and Louisiana. The Alabama probate process is a common law system, whereas the Louisiana probate process is a civil law system. In Alabama, probate matters are handled by the probate court in each county, while the Louisiana probate process is conducted in specialized courts influenced by the Civil Code. The will writing service has more information on the Louisiana probate process. 

How to Handle Foreign Property in an Alabama Will

Depending on where the property is located, you can include it in your will or consult with an estate attorney to handle foreign property. The property may be included in an Alabama will, or an estate attorney may recommend that you draft an international will acceptable in the country where the property was located. 

How to Make a Will for Same-Sex Couples in Alabama

Same-sex marriages were legalized in Alabama in 2015. Estate planning for same-sex couples is similar to that of opposite-sex couples in Alabama. However, there are some unique aspects for same-sex couples.  Same-sex couples should make wills that clearly state their wishes. Additionally, they should donate powers of attorney to their partners to make medical and financial decisions. In instances where the same-sex couple adopts children or decides to get children, they should appoint a guardian for their minor children. Same-sex couples can make a will in Alabama.

Additionally, the Alabama State Bar has a website with information on estate planning for same-sex couples. 

How to Plan for Pet Care in Your Alabama Will

You can plan for pet care in your Alabama will by including a pet clause. The pet clause will designate a guardian for your pet or choose a pet organization that will take care of the pet. You may allocate money to the pet guardian and leave instructions to the guardian on how to care for your pet on your demise. 

How to Handle Business Succession in an Alabama Will

Before handling business succession, you should develop a strategy for your business by considering your interests in it, the prospective persons who will inherit it, and whether you would like your business partner, your family members, or your trusted friend to inherit the property. 

During succession planning, you can use governing documents such as operating agreements, entity purchase agreements, buyout and sellout agreements, management buyout plans, employment stock ownership plans, appraisals, or business valuations. 

How to Handle Out-of-State Property in an Alabama Will

You can include out-of-state property in an Alabama will. Whether you have an apartment in New York or a boat in Wisconsin, you can include the property in your Alabama Will. A will in Alabama will be valid in the state where the property is located. 

What is the difference between Holographic Wills and Statutory Wills in Alabama? 

Statutory wills and holographic wills are types of wills in Alabama. A holographic will is a will handwritten by the testator. For it to be valid, it must be in the testator’s handwriting and signed by the testator. A statutory will follows the specific requirements of the Alabama probate statutes. It must be in writing, signed by the testator, and witnessed by two credible witnesses.