Fillable Form Alabama Last Will and Testament

What is the Alabama Last Will and Testament?

The Alabama Last Will and Testament, also simply called a Will, is a legal document outlining your wishes on how you want your assets to be distributed when you die. These wishes could include who will inherit your house, personal belongings, or money.

The person making a Will is called the “testator,” while the people appointed to execute your Will and oversee your estate is called “executor.” The Alabama Last Will and Testament is used in several counties in Alabama, including Madison County, Mobile County, and Jefferson County.

You may download a PDF copy of the Alabama Last Will and Testament Template from websites that offer document templates. But you may electronically fill it out on PDFRun for your convenience.

How to fill out the Alabama Last Will and Testament?

Enter the necessary information in the Alabama Last Will and Testament PDF. Make sure that everything you enter is true, accurate, and correct.

Name

Enter your full legal name.

City

Enter your city.

County

Enter your county.

Expenses and Taxes

This section states that you, as the testator, shall direct to your Personal Representative all your debts and expenses of your last illness, funeral, and burial be paid as soon after your death as may be reasonably convenient. You also direct your Personal Representative to pay out of your estate any estate and inheritance taxes payable by reason of your death.

Said taxes shall be paid by your Personal Representative as if such taxes were your debts without recovery of any part of such payments from anyone who receives any item included in the computation of taxes.

Personal Representative

This section allows you to appoint your Personal Representative.

Name of Personal Representative

Enter the full legal name of your Personal Representative.

City

Enter the personal representative’s city.

County

Enter the personal representative’s county.

State

Enter the personal representative’s state.

In case your Personal Representative fails or ceases to serve, then you have to nominate another personal representative.

Name of Second Personal Representative

Enter the full legal name of your second personal representative.

City

Enter the second personal representative’s city.

County

Enter the second personal representative’s county.

State

Enter the second personal representative’s state.

Disposition of Property

This section allows you to devise and bequeath your property to the beneficiaries listed below.

1st beneficiary

Full name

Enter the full legal name of the first beneficiary.

Address

Enter the first beneficiary’s complete address.

Relation

Enter your relation to the first beneficiary.

Social Security Number

Enter the first beneficiary’s last four digits of their Social Security Number.

2nd beneficiary

Full name

Enter the full legal name of the second beneficiary.

Address

Enter the second beneficiary’s complete address.

Relation

Enter your relation to the second beneficiary.

Social Security Number

Enter the second beneficiary’s last four digits of their Social Security Number.

3rd beneficiary

Full name

Enter the full legal name of the third beneficiary.

Address

Enter the third beneficiary’s complete address.

Relation

Enter your relation to the third beneficiary.

Social Security Number

Enter the third beneficiary’s last four digits of their Social Security Number.

Omission

This section states that you have intentionally omitted in this Will to provide for any family members or issues of yours.

Bond

This section states that no bond shall be required of any fiduciary serving hereunder, whether or not specifically named in this Will. If a bond is required by law, no surety will be required on such bond.

Discretionary Powers of Personal Representative

This section states the discretionary powers of your Personal Representative:

• Retain, invest, and reinvest any property owned by you at your death;
• Sell and grant the option to purchase all or any part of your estate;
• Lease any real estate for terms and conditions as your Personal Representative deems advisable;
• Pay, compromise, settle, or adjust any claims asserted in favor or against you, your estate, or your Personal Representative;
• Make any separation in shares in whole or in part;
• Make elections under the tax laws;
• Make any elections permitted under any pension, profit-sharing, employee stock ownership, or other benefit plans;
• Employ others in connection with the administration of your estate;
• Vote for shares of stock or other securities in person or by proxy;
• Borrow, pledge, or mortgage any property as collateral, and make secured or unsecured loans; and
• Determine the allocation of any GST exemption available to you at your death to property passing under this Will.

Contesting Beneficiary

This section states that if any beneficiary under the Last Will and Testament in Alabama contests or attacks this Will shall have their share or interest in your estate revoked and it shall be disposed of in the same manner provided herein as if that contesting beneficiary had predeceased you.

Guardian Ad Litem Not Required

This section states that the representation by a guardian ad litem of the interests of persons unborn, unascertained, or legally incompetent to act in proceedings for the allowance of accounts shall be dispensed with to the extent permitted by law.

Gender

This section states that the use of a particular gender to the terms “Personal Representative” shall include any other gender, and references to the singular or plural shall be interchangeable.

Assignment

This section states that the interest of any beneficiary of this Will shall not be alienable, assignable, attachable, transferable, nor paid by way of anticipation, nor in compliance with any order, assignment, or covenant.

Governing Law

This section states that the AL Last Will and Testament shall be governed by the laws of the State of Alabama.

Binding Arrangement

This section states that any decision by your Personal Representative with respect to any discretionary power shall be final and binding on all persons interested.

Name

Enter your full legal name.

Date

Enter the date.

Testator Signature

Affix your signature.

Testator (Printed Name)

Enter your full legal name in print.

The paragraph below is to be filled out by your witness.

Date

Enter the date.

Name

Enter your full legal name as the testator.

Witness Signature

Have your witness affix their signature.

Address

Enter the witness’s complete address.

Frequently Asked Questions About a Last Will and Testament

What are the requirements for a will to be valid in Alabama?

The following are the major requirements for a will in Alabama to be valid:

• The will must be in writing — The will must be entirely in writing, with the signature of the testator (the person making the will) and the signatures of two witnesses. "In writing" means that the will may be handwritten or typed.
• The will must be signed by the testator — The testator must sign his or her full name at the end of the will. If the testator is unable to sign his or her name, someone else may do so at the direction of and in the presence of the testator, as long as that person witnessed the signing of the will and signs his or her own name as "signing for" the testator.
• The will must be witnessed by two disinterested persons — Two witnesses who are present at the same time must see the testator sign the will (or someone else signs it at the direction of and in the presence of the testator) and then each witness must sign his or her own name on or near the end of the will. The witnesses do not have to know the contents of the will, but they must be present together when the testator signs it (or someone else signs it at the direction of and in the presence of the testator). If a witness is related to the testator or stands to inherit anything under the will, Alabama law presumes that there was undue influence exerted over the testator by that witness. This presumption can be rebutted by clear and convincing evidence.
• The witnesses must sign in the presence of each other — Both witnesses must be present together when they each sign their names on or near the end of the will. They do not both have to sign at exactly the same time, but they both must see each other sign before either one leaves.
• The witnesses cannot be blind, deaf, or dumb — A witness who is unable to see, hear, or speak cannot witness a will.

A self-proving affidavit may be used. A self-proving affidavit is a document that is signed by the testator and witnesses in the presence of a notary public. The notary public must also sign the document. This affidavit makes it easier to probate the will because it eliminates the need for the witnesses to come to court and testify that they witnessed the will. Without a self-proving affidavit, the witnesses would have to appear in court and testify under oath that they witnessed the execution of the will.

If you do not have a self-proving affidavit, you will need to have the witnesses appear in court and testify. If a witness is unavailable or dead, the court may allow testimony from other people who were present when the will was signed or who have personal knowledge of the testator's signature.

These requirements must be met in order for a will to be valid in Alabama. If any of these requirements are not met, the will may be considered invalid and the estate will be distributed according to the laws of intestate succession.

To fully understand the requirements for a valid will in Alabama, it is best to speak with an experienced estate planning attorney. An attorney can help you determine whether your will meets all of the necessary requirements and can help you create a self-proving affidavit if desired.

Does a will have to be notarized in Alabama?

There is no requirement in Alabama that a will must be notarized. However, it is generally recommended that a will be notarized in order to ensure its validity. Notarizing a will provides an extra level of protection against fraud or challenges to the will's validity. If you choose to notarize your will, you can do so by taking it to a notary public and having them witness your signature on the document.

Do I need an attorney for a will in Alabama?

No, you are not required to have an attorney to create a will in Alabama. However, it is highly recommended that you consult with an experienced estate planning attorney to ensure that your will is valid and properly executed. An attorney can also help you plan for potential challenges to your will, such as claims of undue influence or mental incapacity. Finally, if your estate is complex, an attorney can help you navigate the probate process and minimize taxes and other expenses.

Do wills have to be filed with the court in Alabama?

There is no legal requirement in Alabama that wills must be filed with the court, but doing so can provide some peace of mind and protection for the document.

Filing your will with the court can ensure that it is not lost or misplaced, and can also make it easier for your loved ones to find and access after your death.

You should consult with an attorney to determine whether filing your will with the court is right for you.

Can I do my own will in Alabama?

Yes, you can. You can prepare your own will in Alabama, but there are certain requirements that must be met in order for the will to be valid. The will must be in writing and signed by the testator (the person who is making the will). In addition, the will must be witnessed by two people who are not related to the testator.

It is also important to note that if you have any assets that are subject to probate, such as real estate or life insurance policies, you should consult with an attorney to ensure that your will is properly drafted in order to avoid any complications.

If you have any questions about preparing your own will in Alabama, please contact an experienced estate planning attorney in your area.

Who inherits if no will in Alabama?

If there is no will in Alabama, the intestate laws of succession determine who inherits.

Intestate succession is the order in which the court distributes a person's property if they die without a will. The distribution of property is first made to the surviving spouse and children. If there are no surviving spouses or children, the property is distributed to the deceased person's parents. If there are no surviving parents, the property is distributed to the deceased person's siblings. If there are no surviving siblings, the property is distributed to the deceased person's grandparents. Ultimately, if there are no surviving relatives, the property goes to the state.

What makes a will invalid in Alabama?

There are a number of things that can make a will invalid in Alabama:

• If the will was not properly signed or witnessed — You must sign your will in the presence of two witnesses, who must also sign the will. If this isn't done, the will is not valid.
• If the testator (person making the will) was not of sound mind — A person must be of sound mind to make a valid will. This means that they must be able to understand what they are doing and the consequences of their actions.
• If there was fraud or coercion involved in the making of the will — If someone forces or tricks you into making a will, it is not valid.
• If the will was revoked — A will can be revoked at any time by the person who made it. There are certain ways that a will can be revoked, such as burning, tearing, or cancelling it.
• If the will was not properly executed — A will must be executed (signed and witnessed) in order to be valid.
• If the will was made under duress — If you are forced to make a will under threats or violence, it is not valid.
• If the will was made by a person who lacked capacity — A person must have the mental capacity to understand what they are doing in order to make a valid will. This includes understanding the nature and extent of their property and who their heirs are.
• If the will was procured by undue influence — If someone uses their position of power or authority to coerce you into making a will, it is not valid.
• If the will was made in error — If you make a mistake when drafting your will, it may not be valid. For example, if you forget to include an asset in your will, it may not be considered part of your estate.

These are some of the most common reasons why a will may be invalid in Alabama. If you have any questions about whether your will is valid, you should speak to an experienced estate planning attorney.

How do you avoid probate in Alabama?

There are a few different ways to avoid probate in Alabama:

• Set up a revocable living trust — This type of trust can be changed or revoked at any time, and assets placed in the trust will not go through probate.
• Transfer ownership of assets to a joint tenant with right of survivorship — This means that if one owner dies, the other owner automatically becomes the sole owner of the asset and it does not have to go through probate.
• Give away assets during your lifetime — You can give gifts of any size to anyone, and as long as they are properly documented, these gifts will not have to go through probate.
• Make sure your accounts are set up with payable on death (POD) or transfer on death (TOD) designations — This means that the account will automatically transfer to the named beneficiary upon your death, and it will not have to go through probate.
• Set up a life insurance policy with a named beneficiary — The death benefit from a life insurance policy is paid directly to the named beneficiary and does not have to go through probate.
• Place assets in a living trust — A living trust is an irrevocable trust, which means it cannot be changed or revoked after it has been created. Assets placed in a living trust will not go through probate.
• Use a Transfer on Death Deed — A Transfer on Death Deed is a deed that names a person or persons to receive your property after you die. The deed is created while you are alive, but the transfer of ownership does not occur until after your death. This type of deed can be used for real estate or personal property, and it will avoid probate.
• Set up a small estate affidavit — If you have a small estate (less than $25,000), you can use a small estate affidavit to transfer ownership of assets without going through probate.
• Use a Pay on Death account — A Pay on Death account is an account that names a person or persons to receive the money in the account after you die. The account is set up while you are alive, but the transfer of funds does not occur until after your death. This type of account can be used for bank accounts, investment accounts, or life insurance policies.
• Set up a Revocable Transfer on Death Deed — A Revocable Transfer on Death Deed is a deed that names a person or persons to receive your property after you die. The deed is created while you are alive, but the transfer of ownership does not occur until after your death. This type of deed can be used for real estate or personal property, and it allows you to change the beneficiary at any time.
• Set up an irrevocable trust — An irrevocable trust is a trust that cannot be changed or revoked after it has been created. Assets placed in an irrevocable trust will not go through probate.
• Use a Transfer on Death designation form — A Transfer on Death designation form is a form that names a person or persons to receive your property after you die. The form is created while you are alive, but the transfer of ownership does not occur until after your death. This type of form can be used for bank accounts, investment accounts, or life insurance policies.
• Place assets in a Qualified Personal Residence Trust — A Qualified Personal Residence Trust is a trust that allows you to transfer your home to your heirs without going through probate.
• Set up a charitable remainder trust — A charitable remainder trust is an irrevocable trust that pays income to you for life or for a set period of time, and then transfers the remaining assets to a charity of your choice. Assets placed in a charitable remainder trust will not go through probate.
• Place assets in a Qualified Domestic Trust — A Qualified Domestic Trust is an irrevocable trust that can be used to hold property for the benefit of a non-citizen spouse. Assets placed in a Qualified Domestic Trust will not go through probate.
• Place assets in a Self-Canceling Installment Note — A Self-Canceling Installment Note is an agreement between you and a borrower that allows the borrower to make payments on the loan over time and then cancels the debt when you die. This type of note can be used for personal loans, mortgages, or other types of loans. The note will avoid probate.
• Set up a joint tenancy with right of survivorship — In a joint tenancy with right of survivorship, two or more people own property jointly, and the surviving owner(s) automatically inherit the property when one of the owners dies. This type of ownership can be used for real estate or personal property, and it will avoid probate.
• Set up a tenancy by the entirety — In a tenancy by the entirety, two people own property jointly, and neither owner can sell or transfer their interest in the property without the consent of the other owner. This type of ownership can be used for real estate or personal property, and it will avoid probate.
• Set up a community property with right of survivorship — In a community property with right of survivorship, two people own property jointly, and the surviving owner(s) automatically inherit the property when one of the owners dies. This type of ownership can be used for real estate or personal property, and it will avoid probate.
• Place assets in a living trust — A living trust is an irrevocable trust that you create during your lifetime. Assets placed in a living trust will not go through probate.

The above are just some of the ways that you can avoid probate. Probate can be a time-consuming and expensive process, so it is important to plan ahead to avoid it if possible. Speak with an experienced estate planning attorney to learn more about how you can avoid probate.

Do all wills go to probate?

No, not all wills go to probate. If the estate is small and there are no disputes among the heirs, the will may not have to go through probate. The executor of the will can simply distribute the assets according to the terms of the will. However, if there are disputes or the estate is large, probate may be necessary. Probate is a legal process that ensures the validity of a will and protects the rights of heirs and creditors. It can be a lengthy and expensive process, so avoiding probate if possible is often desirable.

Is a homemade will legal?

There is no definitive answer to this question since laws vary from state to state. However, in general, a homemade will is likely to be considered legal if it meets the same basic requirements as a professionally-prepared will. These requirements typically include:

• The will must be in writing
• The testator (the person making the will) must sign the will
• The will must be witnessed by two other people who are not related to the testator
• The witnesses must sign the will in the presence of the testator

If a homemade will does not meet these requirements, it may still be considered valid if it can be proven that the testator intended for it to be their last will and testament. For example, if the will is typed and signed by the testator, but not witnessed, a court may still consider it valid if there is evidence that the testator intended it to be their will (such as testimony from the person who prepared the will).

Ultimately, whether or not a homemade will is considered legal will depend on the specific laws of your state and the circumstances surrounding the will. If you have any questions about whether or not your homemade will is legal, you should consult an experienced estate planning attorney in your area.

How does a will work after death?

A will is a legal document that outlines how a person's assets will be distributed after their death. The assets can include property, money, and possessions. The will typically names an executor, who is responsible for carrying out the deceased person's wishes. If there is no will, the deceased person's assets will be distributed according to state law.

Who keeps the original copy of a will?

The original copy of a will is typically kept by the executor or administrator of the estate. If you are the named executor or administrator, be sure to keep the original will in a safe place where it can't be lost or damaged. You may want to keep it in a fire-proof safe or lockbox or give it to your attorney to hold. It's important to have the original will available when it comes time to probate the estate.

You may also want to make copies of the will and keep them in a safe place. That way, if the original is lost or damaged, you'll have a backup. It's also a good idea to let your executor or administrator know where you keep copies of the will, in case they need to access them.

Related Articles:

• How to Make a Will in Alabama
• Alabama Last Will and Testament
• Basic Requirements for a Last Will and Testament in Alabama