How to Make a Will in Alabama
Are you looking to create an official last will and testament? Are you worried about the validity of your existing will? Are you new to Alabama law and want to make sure you have a valid will for your descendants?
A person's estate is more complicated than you might think. There are lots of rules specific to Alabama, lots of specific legal requirements, some formalities you might not expect, and more. The best way to ensure that your living will is up to date and that your entire estate is protected, it's best to consult with an estate planning attorney in Alabama.
Keep reading for some information directly from a last will and testament expert, Kristin Waters Sullivan!
A Checklist for Alabama Wills
To start with, we'll go over the steps you need to take in order to craft an original will that adheres to state laws. Even if you have an old will in place, it's a good idea to carefully read the following steps to make sure you did (and are doing) everything necessary for your last will and testament to be considered valid.
What Property Will Be Passed On?
The first step in creating a legal living will is deciding what property will be distributed when the person dies. It might help to create a full list of all the assets you own to make sure you don't miss anything.
Who Will This Property Go To?
Next, you'll want to decide who this property will go to.
Who Will Handle Your Estate?
After getting at least a rough idea of who will inheret what, it's time to find an executor to handle this new will. It should be a trusted person who understands the Alabama laws surrounding your last will and testament.
Who Will Take Care of Your Children?
If you have minor children, in the event that you pass away with no surviving spouse, you'll need to assign a guardian. Of course, if you do have a surviving spouse, they would be that guardian after you pass.
What About Their Property?
If your children own property, or they've inherited property from you, you'll need to assign someone to manage it for them. This could be the guardian you assigned in the previous step, or someone else you trust.
It's Time to Create Your Will
This is the point in the process where you turn the above requirements into a legal document. You'll definitely want to consult a professional attorney for this process, as there are a lot of important legal necessities you'll need to include. Without these same formalities, your living will won't be valid.
This personal representative you choose to handle your will and property will also be able to vouch that you were of sound mind when crafting your last will, should any beneficiaries contest the will.
Sign Your Last Will and Testament
Your will will need to be signed in front of at least two witnesses, who will also need to add his or her signature in the testator's presence. The person writing this will can choose their witnesses, so long as they're of sound mind.
What Happens In Alabama if You Die Without a Will?
The answer to this question is one of the main reasons you should create a will—to protect your real and personal property. In the state of Alabama, a testator's death without a will results in the distribution of property according to intestacy laws.
Essentially, your property will go to your closest relatives. This is not a problem for some people, but you want to be the person making those decisions.
An Alabama Attorney You Can Trust
If you're ready to take control of your estate and your legacy, consult with a professional attorney today. Contact us to set up an appointment with attorney Kristen Waters Sullivan.