Create Legal Alabama Pour Over Will Forms For Free

over will is a type of will stating that any assets or property owned by the trustor at their death will transfer (or pour over) into the trust. The transfer is automatic, as the living trust and pourover will were created prior to the death of the trustor.

If your will is deemed invalid, it's the same as dying ?intestate,? without one. In Alabama, wills may be written out by hand. However, your will is only valid when you sign it in front of two competent people. Those people must then sign the will as your witnesses.

Pour-over will vs standard will The main difference is in scope. A standard will is intended to account for the entirety of the deceased's estate. They provide instructions for distributing all assets. By comparison, a pour-over will only gives instruction for handling assets not included in the standard will.

The main downside to pour-over wills is that (like all wills), the property that passes through them must go through probate. That means that any property headed toward a living trust may get hung up in probate before it can be distributed by the trust.

The Will must be in writing, signed by the testator, and signed by two witnesses. While a notary and self-proving affidavit are not required, they are highly recommended to ensure that the Will is successfully probated.

Handwritten Will: A will written in the testator's own handwriting is valid in Alabama if the testator signs it or directs someone to sign it in his presence and before two witnesses. However, a holographic will, which is one written in the testator's handwriting but does not have witnesses, is not valid in Alabama.