Free Alabama Last Will and Testament


Reasons Why You Need a Last Will and Testament in Alabama

What happens to your estate after you take your last breath? Do you trust your spouse or children to do right by you in your absence? Do you have an estate/ asset distribution plan written down for its implementation after your demise? Well, if you care about the welfare of your children or dependents, you must prepare a will – the best bit is that you can change it later if you have a change of heart.

The truth is, you want your interests/property and dependents protected. And, nothing does a better job at this than a last will and testament.

A last will and testament in Alabama is the legal documentation that acknowledges a named heir as the executor of your estate after demise. It says who inherits what and who takes care of things when you are no longer around. The named executor could be your child, spouse, sibling, or friend.

On top of that, you can also use it to donate all or part of your property to a charitable organization. If you wish to appoint someone the guardian of your minor children, you can, thanks to the will.

Think of it is the document that enforces your wishes as you would!

However, it is different from a living will.

How is a last will and testament different from the living will?

Well, while the last will and testament dictates what happens to your property and interests after your demise, the living will only dictates your wishes should you become incapacitated and unable to make decisions regarding your health, finances, and even childcare. A living will is also called an advance directive.

Is the free last will and testament in Alabama a legal requirement?

No. However, it is one of those documents you want to prepare and keep regardless of the state’s status.

Why?

Once created, it protects your interests and ensures that your interests are protected even after your passing. Failure to prepare the testament leaves your estate at the mercy of Alabama’s state laws. These state laws are the laws of intestacy. The outcome from the laws of intestacy as decided by the court may not coincide with your wishes. Once you pass away and when the court has to determine how to distribute your estate, you’re referred to a decedent.

Without a will, you are intestate. In this case, your spouse gets all your estate, unless you have children or surviving parents. The state determines how much a spouse gets after death and if you don’t have a surviving spouse or children, your estate goes to your siblings or your grandparents. Basically, your closest blood relatives.

With this in mind, isn’t a last will/ testament a preferable option?

Best part: you don’t have to be super rich to create a will.

The next reason why you should create a will is that, while alive, you (testator) will sign those documents then decide who you want to be in charge of carrying out your wishes as stated in the will. Besides asset division, the last will and testament gives a testator the legal power to appoint a guardian for their kids, as well as animals.

  • Types of wills not recognized

    • Holographic will

  • If you handwrite a will entirely and sign it, then it’s a holographic will.

    • Oral (nuncupative) will

If you deliver your will verbally to witnesses instead of writing it down, then yours in an oral will.

  • What are the requirements of a legally recognized will?

    • Your free Alabama last will and testament will be as per the statutory requirements indicated in Code Section 43-8-130, et seq.

    • To be operative, you must meet the following conditions:

    • You should be a competent adult (18 or older) of sound mind and one capable of making reasonable decisions

    • It should be in writing

    • It must have the testator’s signature or the signature of any other person who has the power to sign the will in place of the testator.

    • A minimum of 2 witnesses should sign the will for its validity. The witnesses should be above 19 years

    • It should have the details of the beneficiaries

    • It must be dated

    • Lastly, it should be in the statutory format.

Can you change the will?

Yes. You can change your last will (only the testator) by creating a new will or adding a codicil. A codicil refers to an amendment of the will executed in the same way as the original will.

  • Revocation of the last will and testament

    • A new will revoke the old will in entirety or part

    • Destruction, obliteration, burning tearing, or cancellation of the will voluntarily and with the intention to revoke the will rescinds the power of the will.

Before you create a will, take note of your assets and debts, choose your beneficiaries, carefully choose an executor, and pick a trustworthy person(s) to be guardian (s) of your children.

Once you have these details, you can get our Alabama last will and testament forms online to expedite the process around making your will. These forms are accessible from all cities.