Alabama Last Will and Testament

Moreover, in addition to testamentary trusts (trusts that provide a benefit for people), Alabama law specifically allows the creation of a trust for the care of animals. Such a trust terminates upon the death of the last surviving animal covered by the trust. This trust could, for example, provide money to care for a pet or other animals.

Before the terms of a will can be accepted, the will must be proven in probate court. Probate is the court-supervised process of distributing the estate of a deceased person. Once the will is proven valid in probate court, the executor can then pay off any debts and taxes owed by the estate and then distribute the testator’s property according to the will.

In Alabama, a will must be filed with the probate court within five years of the testator’s death.

Intestacy: Dying without a will

Someone who dies without a will is “intestate,” which means the laws of intestacy now govern the person’s estate. In Alabama, this means the surviving spouse receives the entire estate of the deceased unless there are surviving children or parents. In any event, however, the surviving spouse is always entitled to a share of the estate, the amount is determined by state law.

If there is no surviving spouse or children, the estate goes to the decedent’s siblings, then grandparents, and so forth down the line. The closer the relative, the higher their priority to inherit.

As you can see, if you would like to have control over the distribution of your assets and avoid intestacy laws, it is crucial that you have a valid Alabama will.

Exceptions to ability to distribute property

Not all property you own can be distributed through an Alabama will. For example, property that is owned in joint tenancy with the right of survivorship cannot be devised by will. Other restrictions include:

• The beneficiary of a life insurance policy cannot be changed by a will
• Elective spousal share, as discussed above
• Homestead allowance: Surviving spouse (or surviving children if there is no surviving spouse) residing in the state is entitled to homestead allowance of $6,000
• Property exemptions: Surviving spouse (or surviving children if there is no surviving spouse) residing in the state is entitled to $3,500 in household furniture, automobiles, furnishings, appliances, and personal effects
• Family allowance: Surviving spouse (or surviving children if there is no surviving spouse) residing in the state may be entitled to a monetary allowance set by the court

Form a last will in Alabama

The basic requirements for an Alabama last will and testament include the following:

• Age: The testator must be at least 18 years old.
• Capacity: The testator must be of sound mind, which means capable of making decisions and reasoning.
• Signature: The will must be signed by the testator or by another person in the testator’s name, under his direction and in his presence.
• Witnesses: At least two witnesses must sign an Alabama last will in order for it to be valid.
• Writing: An Alabama will must be written in order to be valid.
• Beneficiaries: An Alabama will may dispose of property to any person.