Create your Alabama will with confidence

A beneficiary can be a person or an entity, such as a charitable organization. You can use a will to give different property to different beneficiaries. For example, you could pass along most of your money and property to family, a generous gift to a charity, and family heirlooms and sentimental items to family and close friends.

You also can disinherit relatives with a last will but ask an Alabama estate planning attorney for legal advice if you want to disinherit a spouse or child.

The personal representative is an important role, and you should pick someone who is trustworthy and responsible. Also known as an executor, your personal representative will manage your assets during probate and will have a lot of authority over your estate. Your personal representative may have many duties, including:

• Collecting, inventorying, and caring for your assets
• Using estate assets to pay your estate’s debts and taxes
• Distributing assets to your beneficiaries
• Notifying creditors
• Using estate assets to hire attorneys and accountants to assist with probate

Choose one or more successor personal representatives to serve if your first choice becomes unavailable. Speak with your first choice and successors before listing them in your will. Let them know what their responsibilities will be and make sure they are willing to serve.

In Alabama, you can use your will to name a guardian to raise your child and make decisions about their education, health care, and general welfare. They should be willing to raise your child in line with your values. This should be a person who cares about your children and will care for them as if they were their own.

After you fill out your form, you must execute your will in compliance with Alabama law. You must sign your will or have another person in your presence sign for you if you are unable. Two witnesses must sign your will as well. Your witnesses need to watch you sign the will, or you must acknowledge to them that the will or signature is yours.

You do not need a notary public, but it is a good idea to use one. If you use a notary public, you can create a self-proving will. A self-proved will can be admitted to probate without your witnesses giving testimony to the court. To make a self-proved will, you and your witnesses must sign affidavits attached to the will that state you are of sound mind, signing it freely, 18 years old or older, and not under undue influence. The notary will record that your affidavits were signed under oath.

It might be possible to probate a copy of a will, but it can be difficult to convince a court to accept a copy. If you want to ensure a court will follow your wishes, you must keep your original will safe. Common places to store important estate planning documents include:

• A safe place in your home
• An attorney’s office
• A safety deposit box at a bank

You must tell your personal representative and trusted friends or family members where your will is stored. Otherwise, the probate court process could be delayed, or the court will have to use intestacy laws if your will is not located. If you use a safe deposit box, ask your bank how people will be able to access it after you die.

It is a good idea to review your will every few years to make sure it still accomplishes your goals. You also should review it when the size of your family changes or your net worth changes. If you want to amend your will or have questions about your will, an Alabama estate planning attorney can help you.