Make a Alabama Last Will and Testament

Alabama State Last Will and Testament Laws

Definition of Will - §43-8-1(34)

Laws - Title 43, Chapter 8 (§43-8)

Witnesses - According to §43-8-131, the document must be signed by two (2) individuals who are not recognized in the Will.

A Sample Alabama Last Will and Testament with Examples of Each Step

Step 1 - Using the provided FormSwift template, enter your name as the Testator, as well as your gender.

Step 2 - Specify your city and county of residence.

Step 3 - Specify your marital status from one of the following choices:

• Married
• Divorced
• Engaged
• Widowed
• Separated
• Single

If you do not identify as single, provide the name of your spouse.

Step 4 - If you have any children, pets, property, or life insurance, provide that information here.

Step 5 - Provide the names of the children, if they are living, and whether or not they will be named as beneficiaries. In addition, list the names of pets, and provide information about any life insurance.

Step 6 - Provide the amount of money or the percentage of property you’d like to leave to each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or physically disabled, specify that here. Setting up a trust for a person with special needs or someone with a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - Provide the age that your children must  begin receiving benefits from the trust, as well as how much of the trust will be received. Finally, enter the age they will be when benefits end.

Step 9 - Is there a specific funeral home you want to use? Provide that information here.

Step 10 -  Would you like a specific food served at the meal following the funeral service? Would you like the meal served at a particular place? If you know where you’d like that as well as other burial arrangements you’d like made, provide that information here.

Step 11 - Naming an Executor - Your Executor is someone who administers your estate when you pass away. They can be a beneficiary named in your Will or your attorney. However, it is important that you name an Executor. If one is not named, one will be appointed by the court. Provide the following information:

• Executioner name
• Relationship with Testator

Additionally, state if you’d like to name an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. If your assets are in a trust, provide the following information:

• Name of your Trustee
• Your relationship with him or her

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Minor Children - If you have minor children and wish to appoint a guardian for them should something unfortunate happen to you, provide the following information (as well as your alternate and conservative’s information):.

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information:

• Beneficiary Name
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each witness:

• Name
• Address (including city, state, zip code)
• Telephone Number

Remember that in order for this document to be legal, it must be signed by all parties, including two (2) witnesses who are not beneficiaries or the Executor. In addition, the document must be notarized by a notary public.

Why do you need an Alabama last will and testament form?

Creating a Will is an important step when estate planning. In order to ensure that your assets go where you want them when you pass away, you should create a valid will that can be probated. Without a will, your assets would be considered intestate and would be distributed according to Alabama’s intestacy laws.

Alabama does not recognize oral or handwritten wills, so it is important that they are legally documented. Wills can always be revoked, replaced, or destroyed. Wills should only be made by people who are healthy and not under stress or duress.

The benefits of having a will

If you are of sound mind and legal age, creating a will is an important step in ensuring that your desires are carried out upon your death. If you want to ensure that your assets, such as savings accounts and real estate, are distributed the way you want them to be and that your children go to a properly appointed guardian, then it is imperative that you create a legal, binding will that complies with Alabama probate laws.

The costs of not having a will

Without a Last Will and Testament, a person’s assets and their dependents are dispersed according to the law. In addition to getting no say, your loved ones could bear the brunt of legal red tape and expenses.

According to Alabama law, if a person dies intestacy, a spouse will receive $50,000 in property value, plus one-half of the balance of the estate. Children only receive one-fourth of the balance of the estate. Even spouses will have to be appointed guardians by the courts of any surviving dependents. If a person dies without a will, any business associates cannot conduct business unless given permission by the courts.