A will puts your instructions in writing
Last Will and Testament in Columbiana, Alabama
A last will and testament identifies who should receive your probate property, who should serve as personal representative, and, for parents of minor children, who you want the court to consider as guardian.
If you die without a valid will, Alabama intestacy law supplies the default rules. Those rules may be acceptable for some families and very different from what others would choose. A properly drafted will allows you to make those choices yourself.
What an Alabama will can do
Name the personal representative who will administer the estate.
Direct how probate property should be distributed.
Nominate guardians for minor children.
Create testamentary trusts for children or other beneficiaries when property should be managed rather than distributed outright.
Include provisions that can simplify administration, such as an appropriate waiver of bond when permitted.
What Alabama law requires
An Alabama will must satisfy statutory execution requirements, including the testator’s signature and two witnesses.
Alabama does not recognize an unwitnessed handwritten will merely because it is in the testator’s handwriting.
Carden Legal Services prepares wills to be self-proving under Alabama law.
A properly completed self-proving affidavit can avoid the need to locate an attesting witness simply to prove execution when the will is later offered for probate, absent issues such as fraud or forgery.
What a will does not do
A will does not itself avoid probate.
It tells the probate court how probate assets should be administered and distributed.
Life insurance, retirement accounts, payable-on-death accounts, jointly held property with survivorship rights, and assets held in trust may pass outside the will.
A complete estate plan therefore looks at the will together with beneficiary designations, deeds, account ownership, powers of attorney, and health-care documents.
When to review or update a will
Review your will after a marriage or divorce, birth or adoption, death of a beneficiary or fiduciary, major purchase or sale, significant inheritance, business transaction, move to another state, or other material change.
Even without a major event, a periodic review is sensible.
Fees
Will-based estate plans are generally handled on a flat-fee basis.
The fee depends on whether the plan is for one person or a couple and whether special provisions, trusts, deeds, or business-planning issues are involved.
The fee is quoted before drafting begins.
Common Questions
Find straightforward answers to some of the most frequent questions we receive about handwritten wills, intestacy, and the probate process in Alabama. For personalized guidance, our team is ready to assist.
Is a handwritten will valid in Alabama?
Handwriting alone does not make a will valid. An Alabama will must satisfy the statutory execution requirements, including the witness requirements. A handwritten document that does not meet those requirements is not valid simply because the decedent wrote and signed it.
What happens if I die without a will in Alabama?
Alabama intestacy law determines who receives probate property. Depending on the family structure, a surviving spouse may share the estate with children or parents. Unmarried partners do not inherit under intestacy merely because of the relationship.
Does a will avoid probate in Alabama?
No. A will is generally used in probate. Probate avoidance, when appropriate, usually requires different planning tools such as a properly funded revocable trust, survivorship ownership, or beneficiary designations.
PROTECT YOUR LEGACY
Secure Your Family's Future
Call (205) 201-1297 or request an estate-planning consultation to discuss what your will should accomplish and what other documents should be coordinated with it.
Secure, confidential, and fully compliant with Alabama state law.
No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.
Carden Legal Services, LLC serves clients in the following Alabama locations: Birmingham, Alabaster, Helena, Pelham, Jefferson County, Shelby County, Chilton County, Montgomery, Prattville, Millbrook, Wetumpka, Tuskegee, Selma, Troy, Greenville, Autauga County, Montgomery County, Elmore County, Tri-County Region, River Region, Central Alabama, Alabama statewide.