Wills in Alabama
Estate planning is vital. When a person passes away without a will, state law determines what happens to his or her property and minor children.
This often results in outcomes that are very different from what the person would have preferred.
For example, most people want their entire estate to go to their spouse if he or she survives them. But that's not the result under Alabama intestacy law.
What Happens if Someone Dies Without a Will in Alabama?
If a person dies without a will in Alabama and is survived only by a spouse and children, the spouse does not get the entire estate. Rather, the spouse gets only the first $50,000 of the estate, and half of the rest, with the remainder going to the children.
If someone dies without a will in Alabama and is survived only by a spouse and parents, the spouse receives the first $100,000, and half of the rest, with the remainder going to the parents.
Wills also relieve much of the burden of probate. By default, Alabama law requires the executor or administrator of an estate to post a bond in an amount equal to the total value of the estate property.
He or she must also provide a full accounting to the probate court and obtain its approval for taking many of the steps necessary to distribute the estate property.
In your will, however, you can waive all these requirements, making it vastly easier and cheaper for your executor when the time comes to probate your estate.
Secure Your Legacy With Our Help
A well-drafted and executed will is the way to make sure that your wishes are followed. To ensure that your family and property are protected, it’s vital to have an estate plan that is tailored to you. We offer affordable and experienced estate planning services, and look forward to getting to know you and your family.
If you'd like more information, you can fill out our Will Questionnaire, or call to schedule a free, in-person consultation.