Probate – Estates in Alabama

General Questions about Wills

Estates in Alabama

What Is a Will?

A will is a document provides the manner in which a person’s property will be distributed when he dies. A person who dies after writing will is said to have died testate. If someone dies without writing a will they have died intestate.

Who may make a will?

In Alabama the maker of a will must be:
be at least 18 years old;
of sound mind; and
free from improper influences by other people.

How do I make a will? That

A will must meet certain requirements set by the state to be considered valid. In Alabama the following requirements must be met:

The will must be written.
The will must be signed by the maker. The will must be witnessed by two people in the manner required by law.

May I dispose of my property in any way out is our by making a will?
Almost but not quite. There are some limitations set by law to avoid placing hardships on the people who survived the deceased. For example a married person cannot completely exclude the other spouse from sharing in the estate. A larger can best explain all the limitations.

How do I know if I need to write a will #

Any amount of property which you own constitutes your state. Generally the size of your site and your family circumstances will determine whether you need a will. And the state does not have to be any particular size to justify a will. If you have young children, or property which you would like to assure can be given to certain people, then you should consider writing a will.

When do I need to consider a will?
It will should be written while the maker is in good health and free from any emotional distress. A prudent person does not wait for a catastrophe or other compelling reason to make a decision.

Who may draft a will?
There is no requirement that a person consults a lawyer for drafting their own will. However, the proper drafting of a will can be a delicate operation, and it is best to consult someone who has experience. A lawyer can make sure that your will is legal and your property will be given to the people you intended. A lawyer can also help construct a will salute your family saves money in administrating the estate and reduces their taxes.

Is a will expensive?

A lawyer will usually charge for will according to the time spent in preparing the will. If you have a small state and a simple plan for distributing your property then your will should cost less than one for a large complex estate with several people receiving property.

May will be changed once it’s written?

A person may change his will as often as he desires. However the changes must meet the same requirements listed above for the original will. No change should be made without first consulting the person who drafted the will.

How long is my will “good”?

A properly written and executed will is “good” until this is changed or a vote. Writing a second will usually written revokes your first will. However if there’s a change in your state or your family makeup you may consider changing your existing well writing a new will. For example to sell your house you may need to change your will to reflect the change in your estate.

What should I do with my will once it is written?

Once you have written your will you should keep it in a safe place such as a safety deposit box at a bank. You should also let your family know where the will is so that they can find it when you die.