Margie’s move from Arizona to Anniston was exhausting. As she unpacked, she ran across the binder containing the estate planning documents she had drawn up years before in Arizona. She tucked them away in her home office, but later wondered if her out-of-state Will would still be valid under Alabama law. That was a good question to ask, because estate planning laws do vary from state to state.
Basic Will Terminology
A Last Will and Testament is commonly known as a Will. There are different types of Wills and Will provisions that may be used depending on the situation.
The person making the Will is called the testator.
Heirs may also be known as beneficiaries, inheritors, distributees, or devisees. No matter what you call them, they are the people who receive the testator’s property after death.
Probate is a legal proceeding held after the testator has passed away. During probate, the testator’s estate will be settled, which means that claims have been paid and property distributed to heirs.
An executor settles the estate of the testator through probate. Executors may also be known as personal representatives or administrators.
What Makes a Will Valid in Alabama?
The Code of Alabama spells out the law regarding Wills:
- Anyone who is age 18 or older and of mind can make a Will.
- Wills must be in writing, signed by the testator or someone directed to sign by the testator who signs in the testator’s presence.
- Will must be signed by at least two people who have witnessed the signing of the Will.
- Witnesses must be competent to act as witnesses. (Note: Wills are not invalid if witnesses also benefit from the estate. However, this practice is discouraged.)
Alabama Code does consider an out-of-state Will to be valid if it was considered valid under the other state’s laws. However, any major life event – like moving – should trigger a review of your estate plans.
Have Your Out-of-State Will Reviewed by an Alabama Attorney.
The attorneys at Miller Estate and Elder Law understand the estate planning needs of their clients. Contact Miller Estate and Elder Law at 256-251-2137 to schedule an appointment. Though our offices are in Anniston and Birmingham, we help clients in Talladega, Gadsden and surrounding communities.