Last Will and Testament - Alabama

An Alabama Last Will and Testament details how a person's possessions and property should be distributed after their death. The document has three main purposes:

  1. Selecting the beneficiaries to take possession of the individual's property after their death.
  2. Electing guardians for childcare.
  3. Setting up a living trust to take care of any animals left behind.

The person making the will is known as the Testator. The Testator must be at of age and of sound mind in order to create their will. The document must be done in writing to be recognized by the court.

The Alabama Last Will is defined by § 43-8-1(34) and regulated by Title 43, Chapter 8 of the Probate Code. The document must be signed by two (2) people not mentioned in the will. Download a ready-made template below or create your own form with our form-builder.

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Alabama Last Will and Testament
I, __________________________________ (hereinafter referred to as "the Testator"),
with a place of residence at _______________________, ​ A labama​ , ____________,
being of sound mind and not acting under duress or undue influence while fully
understanding the nature and extent of all my property (hereinafter referred to as "the
Estate") and of this disposition thereof, do hereby make, publish, and declare this
document to be my Last Will and Testament, and hereby revoke any and all other wills
and codicils heretofore made by me.
1. FAMILY IDENTIFICATION
I am married to __________________________________.
They ________ (will/will not) be a Beneficiary of the Estate as described in ​ S ection 4​ .
Children:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
My child(ren) ________ (will/will not) be included as heir(s) in this Last Will and
Testament.
2. PERSONAL REPRESENTATIVE
I nominate and appoint __________________________________, with a mailing
address of ____________________________________________________________,
as the Personal Representative of my Estate and I request that they be appointed
temporary Personal Representative if they apply. In the event my above-named
Personal Representative is not able to serve, I nominate the following Second (2nd)
Personal Representative: __________________________________, with a mailing
address of ___________________________________________________________.
Alabama Last Will and Testament
I, __________________________________ (hereinafter referred to as "the Testator"),
with a place of residence at _______________________, ​ A labama​ , ____________,
being of sound mind and not acting under duress or undue influence while fully
understanding the nature and extent of all my property (hereinafter referred to as "the
Estate") and of this disposition thereof, do hereby make, publish, and declare this
document to be my Last Will and Testament, and hereby revoke any and all other wills
and codicils heretofore made by me.
1. FAMILY IDENTIFICATION
I am married to __________________________________.
They ________ (will/will not) be a Beneficiary of the Estate as described in ​ S ection 4​ .
Children:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
My child(ren) ________ (will/will not) be included as heir(s) in this Last Will and
Testament.
2. PERSONAL REPRESENTATIVE
I nominate and appoint __________________________________, with a mailing
address of ____________________________________________________________,
as the Personal Representative of my Estate and I request that they be appointed
temporary Personal Representative if they apply. In the event my above-named
Personal Representative is not able to serve, I nominate the following Second (2nd)
Personal Representative: __________________________________, with a mailing
address of ___________________________________________________________.
3. EXPENSES & TAXES
I direct that all my debts and end-of-life treatment, funeral, and burial expenses be paid
as soon after my death as may be reasonably convenient, and I hereby authorize my
Personal Representative, hereinafter appointed, to settle and discharge any claims
made against my Estate in his or her absolute discretion. I further direct that my
Personal Representative shall pay any and all Estate and inheritance taxes payable by
reason of my death in respect of all items included in the computation of such taxes,
whether passing under this Will or otherwise, out of my Estate. Said taxes shall be paid
by my Personal Representative as if such taxes were my debts without recovery of any
part of such tax payments from anyone who receives any item included in such
computation.
4. DISPOSITION OF PROPERTY
I devise and bequeath my property, both real and personal and wherever situated
(including any life insurance policies I may have), to the following Beneficiaries:
___________________________________, who is my ________________________
and is entitled to ____% of my entire Estate.
__________________________________, who is my ________________________
and is entitled to ____% of my entire Estate.
__________________________________, who is my ________________________
and is entitled to ____% of my entire Estate.
__________________________________, who is my ________________________
and is entitled to ____% of my entire Estate.
TRUST CREATION
I direct a Trust to be created for all the Beneficiaries of this Last Will and Testament
that are under the age of _____ years. The Beneficiaries of this Trust shall receive the
same share value of the Estate (in accordance with the percentage stated in ​ S ection 4​ )
and shall be treated as the other Beneficiaries in regards to all matters including but not
limited to: life insurance policies, share dividends, employment pensions, real estate,
bank account balances and any other valuable assets left.
Until each Beneficiary has reached the age of _____ years, there shall be an individual
known as _______________________________ (hereinafter known as "the Trustee"),
with a mailing address of _____________________________________________, that
shall be serving with bond and will have powers to deduct funds from the Beneficiary's
Residual Estate for the benefit of their medical, educational, or other needs deemed
necessary to the Beneficiary and in their best interest. Any payments made for a
specific Beneficiary shall be reflected in the final balance calculated when they reach
the age allowed for disbursement(s). At the time the Beneficiary reaches the age of
_____ years, the Trustee shall hand over the bequeathed funds, assets, and any other
personal and real property to the said Beneficiary.
A. Trustee's Handling of Funds
If the Trustee deems that the child under the age of _____ years is not qualified to
handle monetary funds for medical, educational, or other needs deemed necessary and
in their best interest, the Trustee may make payments to individuals including but not
limited to guardians, conversators, parents, or any other qualified persons acting as
caretakers of the child in accordance with the Uniform Transfers to Minors Act
(UTMA). The Trustee will have the rights to buy, sell, or exchange any property that is
in the portion of the child's inherited Estate if that is deemed to be in their best interest.
The Trustee is specifically authorized to make loans without interest to any
Beneficiary hereunder. The Trustee shall have the right to deduct any sums of money
deemed to be necessary for the everyday wellbeing of the child from their share of the
inherited Estate.
B. Trustee's Right to Resign
The Trustee has the right to resign from their position at any time by providing at least
_________________ days' written notice to all current Beneficiaries, children,
guardians, parents, conservators, or other interested parties of the Trust.
C. Appointment of Replacement Trustee
If the Trustee or the Second Trustee are unable to conduct their duties due to either
their resignation, incapacitation, or any other reason that impairs their ability to
perform at their position, then a new Trustee may be appointed by the current or
previous Trustee, or - if the current or previous Trustee is not able to appoint a new
Trustee - by the court in the jurisdiction of the child(ren)'s primary residence.
D. Death of Child(ren)
If a child dies before reaching the age of _____ years, their share of the Estate shall be
equally distributed between my other children. If that child has children of their own,
then their share of the Estate should be equally distributed between their children.
If a child dies before the age of _____ years, the Trustee shall be obligated to use the
remaining portion of their entitled Estate for all costs related to the funeral or last
medical care the child received before their death.
If all children die before the age of _____ years, then their share of the Estate shall be
passed on to the remaining Beneficiaries and distributed in accordance with Section 4.
If there are no other living Beneficiaries besides the children, then their share of the
Estate shall be given to my heirs-at-law.
E. Protection From Creditors
No income or principal distributable from the Trust created under this Last Will and
Testament shall be subject to the attachment by, or the interference or control of, any
creditor of, any person seeking support from, any person furnishing necessary services
to, or any assignee of, any Beneficiary. No property shall be taken, seized or otherwise
reached by any legal or equitable process in satisfaction of any debt or liability of any
Beneficiary (including governmental claims). If the Trustee, to their best judgment,
believes that the child's portion of the Estate is susceptible to any outside party, then
the Trustee is required to act in the best manner possible to protect the interests of the
child. If and when the Trustee determines that the child's portion of the inheritance is
no longer threatened by any outside pressures may the process of distribution continue
in accordance with this Trust.
F. Accounting
The Trustee will be required to provide a detailed and specific accounting, at least
once per annum, showing assets, account balances, and any other statements that
belong to the Beneficiaries of the Trust.
G. Second (2nd) Trustee
If the Trustee named above is not able to perform their respective duties then there
shall be a Second (2nd) Trustee known as __________________________________,
with a mailing address of ________________________________________________,
that shall hold the same powers as the Trustee and shall operate under the same terms
of this Last Will and Testament.
GUARDIANSHIP FOR MINORS
There shall be a Guardian appointed for any minor listed in this Last Will and
Testament.
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What Is a Last Will and Testament in Alabama?

An Alabama Last Will and Testament is a legally binding document created in order to enforce the Testator's wishes on how their estate should be distributed upon their death. The document addresses the distribution of personal property, real estate, and assets to individuals - like family or friends - and organizations - like charities or businesses.

The completed form must be thoroughly reviewed to make sure that all wishes are accurately reflected. The finished document must be signed and dated by the Testator in front of witnesses and certified by a notary. Testators must research the laws in their states or contact an attorney to revoke or change the existing will.

A final will and testament may be distributed among the beneficiaries by a chosen representative or executor at the wishes of the Testator.

How to Write a Will and Testament in Alabama?

The Testator can choose what to include in a will. There are several main steps that the testator must take to create their will in Alabama.

  • Describe marital status and list all children.

For the purposes of a will, the Testator must note whether they are married as well as whether they have any children - both those born to the Testator and those that have been legally adopted. All children and dependents must be included even if they are not given a portion of the Testator's assets.

  • Elect Beneficiaries.

The most important part of the last will is the appointment of beneficiaries. Beneficiaries are the individuals or organizations that are to inherit the Testator's estate and property.

  • Appoint a representative or an executor.

An Executor must be appointed by the Testator in their will. The Executor will be in charge of carrying out the Testator's wishes concerning their property and will make sure that the beneficiaries get the correct portion of their inheritance as described in the will.