Wills Attorney in Mobile, AL

Over 28 Years Helping Mobile & Baldwin County Residents Protect Their Families & Assets

A last will and testament gives you direct control over what happens to your assets, who raises your children, and who manages your estate. Without one, Alabama’s intestate succession laws decide for you, and the results often don’t match what most people would have chosen. Unmarried partners, stepchildren, and close friends typically receive nothing under intestacy, regardless of the relationship.

Our Mobile estate planning attorneys have over 28 years of legal experience drafting and finalizing wills for individuals, families, and business owners throughout Mobile and Baldwin County. Because our practice also spans business law, commercial and residential real estate, and estate litigation, we can address succession planning for family-owned businesses and real property in the same relationship, without sending clients elsewhere when the issues overlap. Our attorneys are licensed in Alabama, Florida, and Mississippi.

When to Create or Update Your Will

Creating a will is important at any stage of life, but certain events make drafting or revisiting one especially urgent. Business owners and property holders have additional reasons to keep their will current, since outdated documents can create probate complications or unintended transfers.

Consider creating or updating your will when:

• You get married, divorced, or remarried
• You have or adopt a child, or your guardianship wishes change
• You acquire a new business, real property, or significant assets
• You retire or experience a major change in financial standing
• A named executor or beneficiary dies or becomes unable to serve
• An existing will was drafted under different family circumstances, such as a prior marriage

Alabama Will Requirements: What Makes a Will Valid

A will that doesn’t meet Alabama’s execution requirements can be challenged or disregarded entirely during probate. Under Alabama law (Ala. Code Title 43, Chapter 8), the testator must be at least 18 years old and of sound mind at the time of signing. Two witnesses must observe the testator sign or acknowledge the signature.

A few distinctions matter in practice:

• Disinterested witnesses: Alabama law doesn’t automatically invalidate a will or limit a beneficiary’s inheritance simply because that beneficiary served as a witness. Even so, choosing witnesses who inherit nothing can reduce the risk of a later challenge on grounds of undue influence or bias.
• Self-proving affidavit: A notarized affidavit signed by the testator and witnesses at execution isn’t required for validity, but it eliminates the need to locate witnesses during probate and can significantly reduce delays at the Mobile County Probate Court.
• Handwritten will: Alabama doesn’t recognize holographic wills, meaning handwritten and unwitnessed documents. Like any other will, a handwritten document must be signed by two witnesses to be valid and enforceable.
• Formal will: Drafted to comply with statutory requirements, signed by the testator, and witnessed, this is the standard for enforceable estate planning and the format our attorneys prepare.
• Joint wills: Joint wills are generally not advisable under Alabama law. Married couples who want coordinated planning typically use mutual or complementary individual wills instead.

What Your Will Can and Cannot Cover

A well-drafted will can address guardianship for minor children, the appointment of a personal representative to manage and settle the estate, the distribution of assets to named beneficiaries, funeral arrangements, organ donation preferences, and a preferred final resting place. A residuary clause captures any assets not specifically named elsewhere, helping avoid unintended gaps in distribution.

Some assets fall entirely outside a will’s reach, regardless of what the document says:

• Life insurance proceeds paid to a named beneficiary
• Retirement account balances governed by a beneficiary designation
• Assets held in a trust
• Property held in joint tenancy or tenancy by the entirety, which passes automatically to the surviving owner

If you own assets in any of these categories, coordinating your will with trust planning and beneficiary designations is a reliable way to help your overall estate plan work as intended. Our attorneys can walk you through what your existing documents do and don’t cover.

Wills, Probate, & the Mobile County Probate Court

A common misconception is that having a will means your estate avoids probate. In Alabama, most estates go through probate whether or not the deceased left a valid will. The difference is that a will gives the Mobile County Probate Court clear instructions: who manages the estate, who inherits, and on what terms. That clarity can reduce delays and the likelihood of disputes among heirs.

Without a valid will, Alabama’s intestacy statutes govern distribution according to a fixed hierarchy. Spouses, children, and parents receive shares in a defined order. Unmarried partners, stepchildren who weren’t formally adopted, and close friends generally receive nothing. The court appoints an administrator rather than an executor of your choosing to manage the process.

Assets placed in a trust generally avoid probate entirely, which is why trust planning often complements will planning for clients who want to minimize court involvement. Alabama doesn’t impose a state estate tax, which shapes how some Mobile residents approach the overall structure of their plan. Our attorneys handle both will drafting and probate and estate administration, including representation for personal representatives and interested parties at the Mobile County Probate Court. We also handle will contests, representing clients when a will’s validity is challenged on grounds such as lack of testamentary capacity, undue influence, or improper execution.