Wills in Alabama: What you should know
According to a 2024 study by AARP, only 50% of adults over the age of 50 have a will. A Will, also known as a Last Will and Testament, is simply a document that outlines the manner in which a person’s property will be distributed after he passes away. Continue reading to find out what you should know about Wills in Alabama.
Who may make a Will in Alabama?
In Alabama, a Will may be made by any person, 18 or older, of sound mind and free from undue influence.
What should be included in a Will:
- The full name of the person writing the will
- A list of the person’s children, whether living or deceased
- A list of beneficiaries
- Whether the person writing the will wishes to leave certain property to each beneficiary
- A description of the property and who gets what
- Nomination of an executor
- Any duties that the persons wishes the executor to fulfill while the case is in probate
- A residuary clause
- Whether the executor shall be required to post a bond or submit annual reports to probate court
How do I execute a Will?
It is always best to consult an attorney to make sure a will is properly drafted and executed. Failing to properly execute a Will can result in the Will being rejected by the Probate court. If this happens, a person’s estate will be considered intestate.
In Alabama, a Will must meet the following criteria:
- A Will must be written
- Signed by the person whom the will belongs to
- Witnessed by two persons, 18 years old or older, in their presence as required by law.
- Sworn by a Notary Public to be self-proving
When does a Will take legal effect?
A Will takes legal effect when a probate estate is opened and admitted to probate.
Best time to write my will:
While you are healthy and free from emotional distress.
Is a Will expensive?
How much a will costs is usually dependent upon the size of the estate. The time that an Attorney utilizes in drafting you will is the largest cost factor.
How often should I update my Will?
There is no specific rule of thumb for how often you should update your Will. However, here are few reasons why a person should consider having their will updated:
- You have more children. If your current will fails to include a child, you need to make sure there are provided for in the will if you wish for them to inherit your estate.
- You change your mind. You can always update your will if you want to change any aspect of it. Whether you want to add beneficiaries, remove beneficiaries, change a bequest, add a different executor nomination, etc.
- You move to a different state. Although most states will recognize an out of state will, there is no guarantee that 100% of the will is going to be in compliance with the law of the state that you move to. In addition, it is important to have the two witnesses to your will available to come to court if required to help authenticate your will.
- Unavailable witnesses. In Alabama, a will must be signed and attested by two (2) witnesses. If the witnesses die or are otherwise unavailable to attest to the authenticity of the will, the will cannot be probated.
- You accumulate additional property. If you accumulate additional property that you intend to bequest to a particular beneficiary, you need to make sure it makes it into your will. Otherwise, it becomes part of your residual estate and either the beneficiaries must agree to its disposition or the property might become ordered to be sold by the probate judge.
Can a Will be changed?
A Will can be modified at any time. However, the same execution requirements must be adhered to. It is best to consult with an attorney if you wish to change your Will.
Where should I keep my Will?
In a safe place that is accessible to a trusted person. Avoid keeping a Will in a bank’s safety deposit box unless someone whom you trust has a key. It is also advisable to keep copies on hand that you and a trusted person can access.
Should I hire an Alabama Attorney to draft my Will?
It is absolutely advisable to consult with an Alabama attorney to help draft your will. A properly drafted will provides peace of mind and can without a doubt, minimize the probate process to reduce costs and headache.
How a Will can help you and your family:
The probate process sucks and you should try to avoid it. It’s a pain and it costs a lot of money. The will won’t avoid the probate process but it will make it a whole hell of a lot easier.
For one, a Will can make it so that you don’t have to post a bond or spend time and money on inventories and annual reports. It’s seriously a pain probating an estate when the person had no will and multiple children. Everyone ends up fighting and automatically thinks everyone is out to get them. It really only helps outs the lawyers run their bills up. It is always cheaper to probate an estate with a will that was drafted properly than dealing with an intestate estate.
The first thing I always ask when someone approaches me about probating their loved one’s estate is whether there is a Will!
Need a Will? Contact an Alabama Estate Planning Attorney Today!
We love helping people in our community make plans for their future and we make it a priority to sit down with answer any questions they might have.
If you have questions about getting a Will for your or a loved one, give us a call at 251-422-6417 or send us an e-mail at Brennanrclifton@gmail.com
We look forward to helping you and hope that you will choose the Brennan R. Clifton, Attorney at Law, for your legal needs!