Everyone Needs a Will
by JoAnn Perez, Attorney and Founder of Perez Law, P.C.
August 25, 2026
Writing a will may seem intimidating, but here's the truth: if you don't decide who gets your property and who raises your children, the State of Alabama will decide for you. The good news? Creating a will is often simpler and more affordable than expected.
A will is a legal document that states how you want your property distributed after you die and who will care for your minor children. Under Alabama law, a valid will generally must be in writing, signed by the person making it (the "testator" or "testatrix"), and witnessed by at least two competent, unrelated witnesses who sign in the testator’s or testatrix’s presence.
If you die without a valid will, Alabama's intestacy laws decide who inherits your property, not you. Depending on your family situation, your spouse may have to share your estate with your children or parents, even if that's not what you wanted. Unmarried partners, close friends, and charities receive nothing under the intestacy statute, no matter how close your relationship. Additionally, the costs of probating your estate increase dramatically because administration without a will requires filing a bond, filing an inventory and filing accountings with the Probate Court.
A properly executed will allows you to:
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Choose who inherits your property
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Name a guardian for your minor children (age of majority in Alabama is 19)
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Name a personal representative (executor or executrix) to manage your estate
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Make specific gifts to friends, charities, or more distant family members
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Reduce family conflict and delays during probate
Everyone with property, minor children, or specific wishes for their belongings benefits from having a will, not just the wealthy. Life changes like marriage, divorce, having children, or acquiring property are good times to create or update your will. A will isn't about planning for death, it's about protecting the people you love from unnecessary stress, expense, and uncertainty.
