Essential steps for drafting an Alabama will and secure your loved ones

Wills and trusts are frequently considered the exclusive facilities of the wealthy. This idea, however, couldn't be more inaccurate, especially if you have any valuable possessions you want to ensure are left to the proper heirs or other beneficiaries.

No one is legally compelled to form a last will and testament in Alabama or most other states. However, if we're being sincere, it's not something you want to skip or put off. Unfortunately, it happens all too frequently for people to neglect to prepare a legal Will without recognizing what would happen to their estate if they leave it in the hands of the state.

What is a last will, and is it required in Alabama?

Alabama last will and testament is a legal document or statement of how you want your estate, home or home, money, and other assets to be distributed. Your preferences for the care of any minor surviving children, including guardianship and location of their residence, are also expressed in your will.

It should be highlighted that a will may not be sufficient. This is particularly true if other problems develop after your passing, such as creditors and liens attempting to collect any obligations you have left unpaid. Living trusts are typically used to protect certain assets from the government and any potential legal action.

Wills and trust provide more than just asset protection. Additionally, they ensure that your loved ones won't have to spend time, money, and emotional energy in probate court resolving your affairs and determining who will inherit what from your estate. Trusts are crucial because they cannot be contested by anyone who feels cheated out of something by being left out of your will.

A will also enable you to make "gifts" for your partner, kids, relatives, friends, and even pets so they can avoid inheritance taxes and other estate taxes in the state of Alabama.

Finally, a will might include a few precise directives that must be followed if you become physically or mentally incapable of making decisions about your health and medical care. This would go into force in Alabama and is known as an advance directive on healthcare, more explicitly referred to as a form of a living will. In contrast to the last, which won't go into effect until after your passing, the first can be used while you're still alive.

What will happen if you die before making a will?

Let's say you pass away without trust or a last will and testament. Your personal property and all your assets will then be automatically transferred to the state and governed by Alabama's rules on intestate succession.

Practically, whether or not you have a surviving spouse, children, living parents, or other near relatives, intestate will solely depend on your marital status and existing close family when you die.

These are the consequences:

• If you pass away without having children but with a spouse, the entire estate passes to the spouse.
• If you pass away without a spouse and have children, your children will inherit everything. Let's say you pass away, leaving a spouse and biological children still living in the house. Your spouse will be getting the first $50,000 of the intestate property and 50% of the remaining property. The balance of your intestate property would pass to your children.
• Imagine you pass away with your spouse and any non-biological children still alive. If so, your children will receive the other half of your intestate estate, and your spouse will receive the first half.
• Your parents will inherit everything if you pass away without a partner or children.
• Your siblings will inherit everything if you pass away without a spouse, children, or parents.
• The amount each child receives from your intestate assets will entirely depend on the number of children involved when they become inheritors; it should be mentioned. When stepchildren and adoptive children are involved, the division of assets becomes much more complicated. For instance, even if you aren't married to the child's mother, they are still entitled to a share of your intestate assets if they are born after your death.
• Let's say you don't have the legal right to adopt your stepchildren. In such instances, your biological parents won't be eligible for anything, even if you're married to them.
• Let's say you pass away intestate and have no family. Your estate will be regarded as "escheat" and turn into the state's official property in that situation. This is uncommon in Alabama, though, where the legal system is set up to give your property to everyone who is somewhat connected to you.

What is the cost of preparing an Alabama last will?

A will typically costs between $200 and $1,000 in Alabama, depending on the intricacy of the estate and the cost of the legal services provided by the lawyer. In Alabama, the typical cost of a trust is between $1,000 and $3,000, with more sophisticated trusts perhaps costing more.

Do you need an attorney in Alabama to draft a last will?

No. In Alabama, you can write your own living will. In some circumstances, though, you might wish to speak with a lawyer. Alabama state laws do not mandate that you use legal services to create your new will. However, having one original will is crucial to ensure it's true and know exactly what you're doing.

If you don't have anyone else you can rely on to carry out your final intentions, you can also name your acting attorney as the executor in your will. If required, they can also serve as one of your witnesses.

For instance, you should consult a lawyer if you believe your will might be challenged or want to exclude your spouse from your estate.

Should you appoint an executor in your will?

Yes. As per Alabama, you can designate an executor in your will who will help the probate process and ensure your wishes are followed after you pass away. However, Alabama has strict rules about appointing an executor. The probate court will designate an individual to close your estate if you don't appoint an executor.

What are the Alabama legal requirements for drafting a will?

To draft a will in Alabama, you must be:

• A person has a sound mind Ala. Code § 43-8-130
• A person with a minimum age of 18 years (or an emancipated juvenile)
• A person who understands the meaning of making a Will knows about his/her assets and can choose the beneficiaries

You must draft your Will on paper. It must be on actual paper and cannot be a digital music, video, or other file type.

A typewriter or a computer can be used to draft your Will. In Alabama, oral (nuncupative) wills are not recognized. Unlike several other states, Alabama also does not authorize handwritten or holographic wills. Alabama has restrictions that two individuals must sign as witnesses to consider a Will legitimate - Ala. Code § 43-8-131.

How do I sign an Alabama last will?

To complete your Will in Alabama:

• You must sign before two witnesses to make your Will valid
• Two individuals must witness and sign your Will before it can be legally acknowledged. (Ala. Code § 43-8-131).

Does Alabama require the notarization of wills?

A will may not be notarized in Alabama. The testator (the person who creates the Will) must sign it, and at least two witnesses must be present as the testator executes the Will. The testator and witnesses can sign an affidavit before a notary public to make the will self-proving. This will help speed up the probate process by preventing the need for witnesses to give testimony in court.

Who in Alabama may attest to a will?

A will in Alabama needs to be signed by the testator (the person making the Will) in the presence of at least two competent witnesses. To prevent any conflicts of interest or challenges to the legality of the Will, witnesses must be at least 18 years old and not be the beneficiaries under the Will.

How long does the Alabama probate process take?

The probate procedure in Alabama typically lasts between 6 and 9 months. The length of time can change based on the estate's complexity, the legal system's effectiveness, and the parties' cooperation. Speaking with a nearby attorney or the Snug online portal is crucial to determine your case's conditions and expectations.

Can I draft an electronic or digital will?

A few states might allow you to draft a free last will digitally, use a digital signature, and provide all the legal information digitally to the witnesses. Only a few states already permit using such electronic wills, but most states are now also considering this service. E-wills are not now permitted in Alabama; however, this could change in the future.

Can I change or revoke my will?

In Alabama, you have unlimited time to amend or revoke your Will. Your Will may be revoked by:

• It can be revoked by burning, ripping, canceling, or destroying. Either you or someone else needs to destroy the Will. There must be two witnesses if someone else revokes your Will.
• Making a new will that partially or entirely revokes your previous one. Ala. Code § 43-8-136.

Unless you specify otherwise in your Will, any gifts to your spouse or appointments of your spouse as an executor or trustee are immediately canceled in case of a divorce or annulment of your marriage. Ala. Code § 43-8-137.

It's preferable to revoke your Will and create a new one if you need to modify it. However, you could amend your current Will, known as a codicil, if you need to make minor modifications. In either scenario, you must seal your amendments using the procedures you used to create your original Will.

9 steps to draft your Alabama last will and testament

1. Select the assets you want to include in your will

List your key assets to get started with a sound mind. After that, decide which objects will be left by other means, against your desire. (For instance, you might already have designated a beneficiary for your bank or retirement account or prefer to keep specific assets out of the probate process.) If you're married, remember that each spouse creates a separate will. If you possess any assets jointly with your spouse, you can only leave your portion of those assets.

2. Select the beneficiary of your property

Choosing who receives what is usually not difficult. (However, if you're considering leaving your spouse or kids out of your will, proceed cautiously.) Don't forget to select backup (contingent) beneficiaries after making your initial selections if you pass away before your first choices are realized.

3. Select an executor for your estate

You can designate an executor in your will who will carry out the directives in the document. The executor manages the probate procedure, asset distribution, and settlement of debts and taxes after the testator's death. Your executor can always employ a lawyer, accountant, or other professional to aid, so they don't need exceptional experience. However, be confident that the candidate you have in mind is ready to work; the position shouldn't come as a surprise.

4. Select a guardian for your kids

Decide who will care for and raise your minor children if you and their other legal parents expire.

5. Pick a guardian for the property belonging to the kids

The assets you leave to children or young adults should be handled by an adult that you have designated. As per the Uniform Transfers to Minors Act (UTMA), you can set that person as a trustee, a property guardian, or a property custodian to grant them authority over the child's inheritance.

6. Create your Alabama last will

Various options are available to you when deciding how to write a will. One can:

Employ a lawyer

When creating an estate plan, many people opt to engage a lawyer, which is, without a doubt, the ideal option if you require or desire individualized legal counsel and have the financial means to do so.

Use an official form

If you live in one of the states that provide a standard will form, you can complete it. These states include California, Maine, Michigan, New Mexico, and Wisconsin. Statutory wills are straightforward, simple to complete, and well-known to the probate court. On the other hand, they are frequently too straightforward and rigid to be helpful to the majority of individuals. Make sure you use all other forms, for example - testament form, and download them.

Make your own will

Using top-notch do-it-yourself tools, many people may create their wills. Not everyone should make their own wills; if you have complicated company interests, huge debt, or significant family issues, you should likely see a lawyer. However, a reputable product like WillMaker can save you time, money, and bother at a fraction of the expense of engaging a lawyer, provided your estate is relatively basic, and you have clear-cut preferences.

7. In the presence of witnesses, sign your will

You must sign your will after you've written it in front of two witnesses at a minimum. Your signature must also be notarized if you're utilizing a "self-proving affidavit" with your will to streamline the probate court process once you pass away.

8. Keep your will secure

If your loved ones cannot locate your Will after your passing, it will be useless to anyone. Store your Will somewhere secure with clear labeling and inform your executor about it. Your family should get it easily in a file cabinet or desk drawer with other important documents. You do not need to store it in a lock box; doing so can make it take longer to administer when you pass away.

9. Keep it updated

Plan to review your will regularly once it has been written. Create a calendar reminder for this once a year. Events like the following could call for amendments:

• Family changes (weddings, divorces, adoptions, births, and deaths).
• Income and net worth changes.
• Migration out of state.

If you need to change your will, consider hiring an attorney to make the process easier.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney for advice on your specific situation.