The Alabama Will is a document that a person can use to ensure that their loved ones receive certain property and personal property after their death. The form must be written if the person is of sound mind and with at least two (2) witnesses (§ 43-8-131). In addition, it should be recommended that the testator and witnesses sign in the presence of a notary so that this cannot be challenged during the probate or succession procedure. If it`s necessary to revise a will in Alabama, it`s best to do it quickly. Wills are not valid in Alabama unless they are filed for probate within five years of the testator`s death in Alabama. (There is an exception for wills admitted to inheritance in another state during the five-year period.) Wills that are not filed within 12 months of the date of the testator`s death may be invalid for purchasers of estate assets (i.e., those who purchase the property in good faith may be able to retain valid title even if it would otherwise have been distributed to someone else). Concealing the existence of a will is considered fraud, and the Alabama probate court can force someone to make one under penalty of contempt of court. If the will is not self-proving, the lawyer must obtain testimony from at least one of the witnesses. This is easy if the witness is alive, can be located and is willing to cooperate. If a lot of time has passed since the document was signed and attested, it can be difficult to find witnesses. (Note: We are usually able to find witnesses.) As you can see, if you have control over the distribution of your wealth and want to avoid intestate inheritance laws, it`s important that you have a valid Alabama will. Anyone over the age of 18 who is of sound mind can make a will. Alabama Code § 43-8-130.
You know that a will is important – it protects your family and provides for your last wishes. Now that you`re finally sitting down writing this, keep an eye out for these common but easy-to-avoid mistakes. While there are various exceptions and special rules, these are the standard requirements for Alabama wills. The legal description of the residential property covered by this deed is set out in Appendix A. Using a template to write a will works well for some people, but there are some things you should consider when deciding if it`s the right choice for you. Alabama wills allow you to leave gifts for your spouse, children, other relatives, friends, and even pets. You can also choose to leave property or make other donations to non-profit organizations. You want to make sure all your assets are covered, but did you know that not all assets can be inherited in a will? A will is a legal document that provides for the division of a person`s property in the event of death. Assuming that an estate is necessary and no alternative to succession is available, all wills must be admitted to the estate before they are considered valid. The probate process includes the steps of opening, administering and closing the estate. A living trust can help you avoid the costs and time of the estate, and gives you more control over your estate than a will of last resort. Learn how a living trust works in Alabama.
No. An attorney is not required to make a will in Alabama. For the vast majority of people, a lawyer will simply do the same things as goodwill software – ask you questions, and then create documents for you based on your information and desires. However, in some situations, it`s a good idea to seek advice from a lawyer, for example: If you have a child with special needs, or if you have a high net worth (about $10 million) and are concerned about federal estate taxes. In these cases, a lawyer can help you answer specific questions and create an appropriate plan. A testator can use a will for a variety of purposes, but the most important thing is to specify how assets such as real estate, vehicles, business assets, jewelry, and bank accounts will be divided upon the testator`s death. An Alabama will also allows the testator to appoint someone as the legal guardian of their children. Alabama law treats the Old Testament in two ways. First, if you have an old will, you can cancel it by creating a new one. A will usually contains a statement that it revokes (annuls) all previous wills. Second, a will can be annulled simply by physically destroying it. Alabama Code § 43-8-136.
Living trust – Unlike a will, it bypasses the probate process by allowing a person to transfer their assets directly to their heirs after death. Michelle Kaminsky is a freelance writer and editor who has been with LegalZoom since 2004. She received a Juris Docto. Under Alabama law, a will is filed with the court after the testator dies. Alabama Code § 43-8-161. So, after your death, your will should be filed with your local probate court by the person designated as your personal representative (also called an “executor” or “administrator”). This is the beginning of the legal process known as “succession”, whereby your wishes are fulfilled under judicial control. One of the biggest advantages of a will is that the testator – the person who drafts and signs the will – can choose who is responsible for carrying out the wills contained in the will. If there is no will, the courts would make the decision instead. The person who oversees the will is called an executor.
If Healthcare Friend can`t or won`t act as an agent, I`ll call it Backup Friend instead. In Alabama, a will must be filed with probate court within five years of the testator`s death. Any amount of property you own will make up your estate. In general, the size of your estate and your family situation will determine whether you need a will. It is not necessary for an estate to be of a particular size to justify a will. If you have young children or assets that you want to make sure will be given to certain people, consider writing a will. An Alabama will can be amended at any time before the testator`s death by a new will or codcil, which is an addition or supplement that must be executed with the same formalities as an original will to be valid. Some wills leave everything in a package, while others distribute certain gifts for certain people. Some leave everything equal, others say that everything should be sold and the product distributed in certain percentages.
When a will is filed in court, it can be difficult to find witnesses and bring them all to court, let alone court costs. So, you should definitely prove your will yourself to help your loved ones avoid this hassle. Use this deed to transfer the residential property described below directly to your designated beneficiaries upon your death. YOU SHOULD CAREFULLY READ ALL THE INFORMATION ON THE OTHER PAGES OF THIS FORM. You may want to consult a lawyer before using this act. It may have results you don`t want. Provide only the information requested in the form. DO NOT INCLUDE ADDITIONAL INFORMATION OR INSTRUCTIONS.
This form MUST be registered no later than 60 days after the date of signature and notarial attestation, otherwise it will not be effective. A will is a document that sets out how a person`s property will be distributed upon death. A person who dies after having drawn up a will is said to be deceased in the attestation. If someone dies without writing a will, they have died without inheritance. Someone who dies without a will is “intestate,” meaning that intestate laws now govern the person`s succession. In Alabama, this means that the surviving spouse receives the entire estate of the deceased, unless there are surviving children or relatives. In all cases, however, the surviving spouse is always entitled to a share of the estate, the amount of which is determined by state law. A lawyer usually calculates a will based on the time spent making the will. If you have a small estate and a simple plan to distribute your property, your will should cost less than one for a larger complex estate with multiple people receiving property. Knowing what succession actually entails will help allay your fears about the process, which isn`t always as complex as you might think.
The destruction of the will must be carried out by the testator or by another person with the testator`s consent and on his instructions. If the will is revoked by the act of a person other than the testator, the testator`s consent and instructions must be proved by two witnesses. A will basically has the same function no matter where you live, but there can be variations in condition. That`s why it`s important to follow state regulations when filling out your will, otherwise you`ll have an invalid will. Fortunately, if you create your will with LegalZoom, we make sure your will complies with your state`s regulations. However, you may want to know how a will works in your state. Step 1 – Identify the testator – Enter the full name of the testator or person for whom the will is made at the top of the form Your representative is entitled to receive equitable remuneration for services provided under this continuing power of attorney, unless you provide otherwise in this power of attorney. So how do you try a will in Alabama? The word “succession” simply means “prove.” The probate process is sometimes called “proof” of the will.