Personal Property Memorandum - Alabama

PERSONAL PROPERTY MEMORANDUM

State of Alabama

IMPORTANT LEGAL NOTICE

This memorandum is designed for incorporation by reference under Ala. Code
§ 43-8-139. It must exist when the will is executed, and the will must manifest
an intent to incorporate it and describe it sufficiently for identification.
Complete and sign this memorandum before executing the will that refers
to it. A later changed list needs its own review and an effective will or
codicil referring to the intended version.

Table of Contents

1. Declarant Identification
2. Reference to Last Will and Testament
3. Legal Authority and Limitations
4. Distribution of Tangible Personal Property
5. Special Instructions
6. General Provisions
7. Execution
8. Sources and References

1. DECLARANT IDENTIFICATION

I, [FULL LEGAL NAME], currently residing at [STREET ADDRESS], [CITY], [COUNTY] County, Alabama [ZIP CODE], being of sound mind and acting voluntarily, do hereby prepare this Personal Property Memorandum.

Date of Birth: [__/__/____]

2. REFERENCE TO LAST WILL AND TESTAMENT

This Memorandum is prepared for incorporation by reference into my Last Will and Testament to be executed on [__/__/____], after this memorandum exists. That will describes this writing by its title, date, and my name and contains the following or substantially similar language:

"I incorporate by reference the Personal Property Memorandum signed by me on [DATE], which identifies the tangible personal property and recipients listed there."

3. LEGAL AUTHORITY AND LIMITATIONS

This Memorandum is prepared under the doctrine of incorporation by reference as provided by Ala. Code § 43-8-139, which states:

"Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification."

Limitations in Alabama:

• ☐ This writing existed when the referring will was executed.
• ☐ The will manifests an intent to incorporate this writing and describes it sufficiently for identification.
• ☐ The date and description in the will match this signed version.
• ☐ Ownership and any separate transfer restrictions for each item have been checked.

4. DISTRIBUTION OF TANGIBLE PERSONAL PROPERTY

I direct that the following items of tangible personal property be distributed to the persons named below. If a named recipient does not survive me, the item shall pass to the alternate recipient, if any, or otherwise as part of my residuary estate.

Jewelry and Watches

Art, Antiques, and Collectibles

Furniture and Household Items

Vehicles and Watercraft

Electronics and Equipment

Firearms

Family Heirlooms and Sentimental Items

Additional Items

5. SPECIAL INSTRUCTIONS

[________________________________]
[________________________________]
[________________________________]

6. GENERAL PROVISIONS

Property Not Listed: Any tangible personal property not listed in this Memorandum shall be distributed according to the terms of my Last Will and Testament.

Disputes: My Personal Representative may administer the listed property under the will and applicable law. A dispute over ownership, identification, or entitlement remains subject to the applicable probate process.

Scope of This Schedule: This memorandum lists only the items described above. Its tangible-property focus is a choice in this instrument, not a restriction imposed by Ala. Code § 43-8-139. Other assets require their own disposition terms in the will or another effective instrument.

Later Changes: Do not assume a changed copy of this memorandum is incorporated into the existing will. Identify the intended version in a properly executed later will or codicil.

7. EXECUTION

I sign this Personal Property Memorandum on the date indicated below. I understand that under Alabama law, this document must be in existence at the time my will is executed and must be properly incorporated by reference therein.

Declarant:

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

Optional witnesses for identification of this writing:

Witness 1:

Signature: [________________________________]
Printed Name: [________________________________]
Address: [________________________________]
Date: [__/__/____]

Witness 2:

Signature: [________________________________]
Printed Name: [________________________________]
Address: [________________________________]
Date: [__/__/____]

8. SOURCES AND REFERENCES

• Ala. Code § 43-8-139 — Incorporation by reference
• Ala. Code § 43-8-131 — Execution of wills
• Ala. Code § 43-8-132 — Self-proved will
• Alabama Probate Court: https://judicial.alabama.gov