Free Alabama Last Will and Testament

 
 

What is a Last Will and Testament?

An Alabama Last Will and Testament, if drafted and signed properly by someone who is an adult of sound mind, is a legal document that identifies exactly how your assets or estate will be used and distributed following your death. Once the testator (person who created the will) dies, they're called the decedent. When the decedent has minor children, the Will might also be used to specify someone they prefer to care for their kids and who they wish to manage their children’s inheritance and funds right until every child reaches adulthood (generally 18, but you can indicate a different age) to handle their finances by themselves.

In an Alabama Final Will, the testator normally also names a personal representative-or co-personal agents (several individuals acting jointly in this regard) to handle the matters of the estate. A personal agent is somebody who collects the information concerning the decedent’s financial debt and assets, pays off any outstanding debts using the assets, and makes sure that the decedent’s property is used as specified in the last will, making this a duty with a great deal of responsibility. The personal agent decided on is typically a friend or relative the testator genuinely trusts to conclude their final wishes.

In case somebody dies without having a legitimate Alabama Will (which in the majority of states implies it must be properly witnessed, not only signed), someone will usually be chosen by the court to become the personal representative and cover the decedent’s debt, utilizing assets as needed to do so. After that, the residual assets will be shared amongst the decedent’s heirs as per the laws and regulations of the state the will maker resided in.

In certain states, any time one spouse dies leaving their significant other, that surviving spouse will acquire most of the decedent’s assets without a Last Will containing the contrary. Furthermore, the testator could have chosen a particular individual to inherit a life insurance policy, retirement account, or some other asset, and that inheritor designation will determine who gets those assets even without a Last Will.

The critical thing to take note of is that anybody who would like to define the way in which their belongings will be distributed after their passing should certainly make and correctly sign a Last Will and Testament to make certain their wishes are recognized and followed. Without getting a will, you most likely are leaving it up to chance, the laws of the state, or a lawcourt regarding how your final matters will be settled.

Alabama Last Will Paper

You can take care of your property not only during your life, but you can also take special actions to determine its fate after your death. To do this, in Alabama, you need to draw up a document called Last Will and Testament. The document can be drawn up by a person of sound mind and supported by the presence of two witnesses.

Does One Need to Compose Last Will in Alabama?

It all depends on your specific situation, but if you want your last will to be heard, then it is definitely worth it. Otherwise, the separation of your property and assets will take place according to the law and not your wishes. You can also keep your children safe or even give special instructions on how to set up a trust to care for your animals.

Another advantage of drafting this document in Alabama is that you can assign someone to be in charge of your will. Such a person is called "executor." If there is no document, then all decisions remain with the court.

While the last will action is not limited to just dividing assets, that is its primary concern. Most often, this document is used to give instructions about real estate, business assets, cars, bank accounts, art objects. In Alabama, you can also indicate your will for a guardian for your children.

How Are the Terms of a Will Accepted?

As we mentioned above, the form must be signed in the presence of witnesses. It will also not be superfluous to certify it with a notary to avoid unnecessary checks. In addition, before accepting the conditions specified in the document, you need to prove the document to the probate court. After this, the executor must pay taxes and distribute the property in accordance with the will.

It is important to note that Alabama law accepts the last will within five years of the death of the testator.

Legal Requirements to Create a Form in Alabama

This document can be drawn up by almost any citizen, but nevertheless, there are certain rules:

  1. The testator must be over 18 years of age.

  2. The testator must be of sound mind and make an independent decision on the preparation of the document.

  3. It is necessary to have the form signed by at least two witnesses, who must also be present when the testator signs the document.

  4. The testator is obliged to sign or give guidance to another person to do this for themselves.

  5. The document must be in writing.

  6. The law does not limit the circle of persons to whom property can be transferred.

Is There Something That Can't Be Included in Last Will?

Yes, under Alabama law, you cannot list certain properties on your Last Will. These include:

  • Family allowance — eligibility for this benefit remains with the living spouse (or children) living in the state;

  • Life insurance policy — the beneficiary of such a policy cannot be changed;

  • Homestead allowance — eligibility for this benefit also remains with the living spouse (or children) who lives in the state;

  • Elective spousal share

What Will Happen to the Property if Last Will Is Absent?

According to the laws of Alabama, there may be no Last Will. In this case, the assets of the deceased are transferred to the closest living relative. Usually, this is a spouse and children. If there are no children or parents, then all property goes to the spouse. By the way, the spouse always has the right to a certain share in the inheritance. The share is determined by the state court.

If there are no close relatives, then the inheritance can go further — to grandparents, siblings, and more distant relatives.

Modifying or Canceling a Document

Do not worry if you change your mind after drawing up the document and want to make changes to it or cancel its action. You can do this at any time.

To change the conditions, you need to draw up an additional document according to all the same rules. To cancel the entire document, you can destroy your Last Will.

Last Will Forms for Neighboring States