Creating a will is one of the most important parts of protecting your family and your wishes. Many people wonder whether they can prepare a will themselves or whether a professionally prepared document is always required.
The good news is that a DIY will in Alabama can be legally valid if it satisfies the state’s legal requirements. However, a valid will involves more than simply writing down your wishes, which is why understanding Alabama estate planning laws is essential before relying on a self-prepared document.
A DIY will can be legally valid
Alabama does not require a specific government-issued will form. You may prepare your own will using a reliable document preparation service or draft one yourself. Regardless of how it is created, the document must comply with the legal requirements for a valid will.
Generally, you must be at least 18 years old and have the mental capacity to understand your property, your intended beneficiaries and the effect of signing a will.
Understand the types of wills in Alabama
Knowing the different types of wills in Alabama can help you avoid costly mistakes. A standard written will that is properly signed and witnessed is generally accepted. A handwritten will may also be valid if it meets the same legal witnessing requirements.
However, Alabama does not recognize unwitnessed handwritten wills, oral wills or electronic wills. Choosing the wrong format could result in your wishes not being carried out.
Proper execution is critical
Even a carefully written DIY will may fail if it is not properly signed and witnessed. Alabama law generally requires the person making the will to sign it, or direct another person to sign on their behalf, in the presence of two competent witnesses.
Many people also choose to complete a self-proving affidavit before a notary. Although this step is not required, it may simplify the probate process because additional witness testimony may not be necessary.
A will also does not control every asset you own. Property held in certain joint ownership arrangements, retirement accounts, life insurance policies and accounts with designated beneficiaries often pass outside the will. Reviewing your entire estate plan is an important part of complying with Alabama estate planning laws. Seek legal guidance if you have a complex estate or questions about whether your will fully reflects your wishes.