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

In Alabama, the maker of a will must be:​

• At least 18 years old;
• Of sound mind; and
• Free from improper influences by other people.

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.

Almost, but not quite. There are some limitations set by law to avoid  placing hardships on the people who survive the deceased. For example, a married person cannot completely exclude the other spouse from sharing in the estate.  A lawyer can best explain all of the limitations.

Any amount of property which you own constitutes your estate. Generally, the size of your estate and your family circumstances determinewhether you needa will. An estate 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 will begiven tocertain people, then you should consider writing a will.

There is no requirement that a person consult a lawyer before drafting their ownwill. However, the proper drafting of a will can be a delicate operation, andit is best to consult someone who has experience. Alawyer can makesurethat your will is legal, and that yourproperty will be given to the people thatyou intended. A lawyer can also help construct a will so that your family savesmoney in administering the estate, and reduce their taxes.

A lawyer will usually charge for a will according to the time spent in preparing the will. If you have a small estate 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.

A person may change his will as often as he desires. However, the changes mustmeet the same requirements listed above for the original will. No change shouldbe made without first consulting the person who drafted the will.

A properly written and executed will is "good" until it is changed or revoked. Writinga second will usually revokes the first will. However, if there is a changein your estate or your family makeup, you may consider changing yourexisting will or writing a new will. For example, if you sell your house youmay need to change your will to reflect the change in your estate.

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

Estate Exemptions July 1 2023

Probate of a will is the administration of an estate to insure that all of the property is disposed of properly. It is the Probate Judge's  responsibility to make sure that all of the laws in Alabama regarding the distribution of estates are followed.

Upon the person's death, anyone named in the Will either as personal representative or as a recipient of property, or any other person with a financial interest in the estate, or the person who has possession  of the will may have the will proved before the proper probate court. Any person in possession of the will must, by Alabama law, deliver  the will to the Probate Court or to a person who is able to have the will probated. A person in possession of the will can be required to  produce it.

Generally, wills must be filed for probate in the county where the deceased lived.

To be effective, a will must be filed for probate within five years to the date of the testator's death.

The complexity of handling estates normally necessitate having an attorney since the Probate Judge cannot advise you of the law or  provide you with forms.

Yes, the will must be probated to have legal effect. Before deciding  not to probate a will, one should consult an attorney.