Any competent adult person can prepare a will. In Alabama, the will must be signed by you and by two witnesses in order to be valid. Also, most wills contain an additional paragraph and a Notary Public signature which makes the will “self-proving”. There is no limit on the size of the estate that you should have before you prepare a will.
What is a Will?
A legal document that you prepare during your lifetime that disposes of your assets at your death. If you have disabled or minor children, you can also appoint a guardian for them in the will.
Who is in charge of the will at my death?
You name a Personal Representative in the will who is responsible for having your will probated. During the probate process, the Personal Representative will collect your assets, pay any valid debts and then distribute the remaining assets to the persons you have chosen in the will.
Can I plan for disabled relatives in my will?
Assets can be left in a trust in the will to take care of disabled children or other relatives. If these disabled persons are on SSI or Medicaid, the trust must contain specific language so the disabled person will not lose his/her government benefits.
Can I prepare my own will?
Legally you can, but as with all legal documents, it is much safer to have the document prepared by a lawyer. Beware of using kits or forms—you can end up with a document that will not be effective in Alabama.
Where do I keep the will after it is signed?
Keep the original in a safe place where your Personal Representative will know where it is and have easy access to it at your death.
How often should I change my will?
You should review your will periodically to make sure that everything in it is current. If there are major changes in your life, such as divorce, death of a spouse or child, financial setbacks or gains, you should have an attorney review the will.
