What Is a Will in Alabama?
Bama Estate Planning
213 S Jefferson St,
Athens, AL 35611
Hours: Open ⋅ Closes 4:30 pm
Phone: +1 256-216-9884
A last will and testament, commonly referred to as a “will,” is a legally binding document that outlines how a person’s assets and affairs should be handled after their passing. In Alabama, having a properly executed will is crucial to ensure that your wishes are honored and your loved ones are protected from unnecessary legal complications.
Why Is Having a Will Important?
Ensures Your Wishes Are Followed – A will allows you to specify exactly how your assets should be distributed.
Prevents Family Disputes – A clear and legally enforceable will can help reduce conflicts among family members.
Appoints Guardians for Minor Children – If you have young children, a will enables you to name a guardian to care for them in your absence.
Speeds Up the Probate Process – While a will must go through probate, having one in place can make the process smoother and more efficient.
Allows You to Choose an Executor – You can designate a trusted individual to handle your estate affairs.
Legal Requirements for a Valid Will in Alabama
In Alabama, for a will to be legally valid, it must meet the following criteria:
The Testator Must Be at Least 18 Years Old – The person creating the will (testator) must be a legal adult.
The Testator Must Be of Sound Mind – They must have the mental capacity to understand the nature of the document and their decisions.
The Will Must Be in Writing – Oral wills are not recognized in Alabama.
The Will Must Be Signed – The testator must sign the will or direct someone to sign on their behalf if they are unable.
Two Witnesses Are Required – The will must be signed in the presence of at least two competent witnesses who also sign the document. The will must be notarized to be self-proving thus eliminating the need to find the witnesses and have them testify to your signing of the will.
What Happens If You Die Without a Will?
If you pass away without a valid will in Alabama, your estate will be subject to intestate succession laws. This means that state law will determine how your assets are distributed, which may not align with your personal wishes. Typically, assets are passed down to close relatives in a set order:
If married with children: The spouse and children share the estate.
If married without children: The spouse may inherit all or most of the estate, depending on whether the deceased has surviving parents or siblings.
If unmarried with no children: The estate may go to parents, siblings, or extended family members.
Can a Will Be Changed or Revoked?
Yes, a will can be updated or revoked at any time while the testator is alive and mentally competent. This can be done by:
Creating a New Will – The most common method, as a new will typically revokes the prior one.
Adding a Codicil – A legally recognized amendment to an existing will.
Physically Destroying the Will – Shredding or burning the will with the intent to revoke it.
Do You Need an Attorney to Draft a Will in Alabama?
While Alabama law does not require an attorney to draft a will, having legal guidance ensures that your will is properly structured and enforceable. A qualified estate planning attorney can help you:
- Avoid common mistakes that could invalidate your will.
- Minimize estate taxes and probate costs.
- Ensure your assets are distributed exactly as you intend.
Take Control of Your Future Today
A well-crafted will is one of the most important legal documents you can have. It provides peace of mind knowing that your wishes will be respected and your loved ones will be taken care of. If you need assistance with drafting, reviewing, or updating your will in Alabama, I am here to help.
Contact my office, Bama Estate Planning, today to schedule a consultation and start planning for your future with confidence. Call 256-216-9884.
