Personal Property Memorandum

PERSONAL PROPERTY MEMORANDUM

State of Alabama

IMPORTANT LEGAL NOTICE

Alabama is not a UPC § 2-513 state. Alabama does not have a specific statute
authorizing a separate writing or memorandum for the disposition of tangible personal
property that may be created or modified after will execution. Alabama permits
incorporation by reference under Ala. Code § 43-8-139, which requires the writing
to be in existence at the time the will is executed and sufficiently described in
the will. Consider the following alternatives:

• Specific bequests in the will for important items
• Codicil to add or change tangible property gifts
• Revocable living trust with personal property schedule
• This memorandum as an incorporation-by-reference document (with limitations)

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 in connection with and is intended to be incorporated by reference into my Last Will and Testament dated [__/__/____], which contains the following or substantially similar language:

"I incorporate by reference the Personal Property Memorandum dated [DATE], which I have signed and which describes specific items of tangible personal property and the persons to whom I wish those items distributed."

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 must exist at the time the will is executed
• ☐ The will must specifically reference this writing
• ☐ This writing cannot be created or modified after will execution without a new codicil or will
• ☐ Items of significant value should be specifically bequeathed in the will itself
• ☐ This memorandum does not cover real property, money, securities, or business property

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: If any dispute arises regarding the distribution of property listed herein, my Personal Representative shall have the authority to resolve such disputes, and such decision shall be final and binding.

No Monetary Gifts: This Memorandum does not and cannot make gifts of money, securities, real property, or other intangible property.

Alabama-Specific Warning: Because Alabama does not have a UPC § 2-513 equivalent statute, the enforceability of this Memorandum depends entirely on proper incorporation by reference under Ala. Code § 43-8-139. Any modifications to this Memorandum after execution of the will require a codicil or new will to be effective.

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: [__/__/____]

Witnesses (recommended but not statutorily required for the memorandum itself):

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
• UPC § 2-513 — Separate writing identifying devise of certain types of tangible personal property (NOT adopted in Alabama)
• Alabama Probate Court: https://judicial.alabama.gov

This template is provided for informational and educational purposes only. It does not constitute legal advice. Alabama does not have a standalone personal property memorandum statute. Consult a licensed Alabama attorney to ensure enforceability. Last updated: 2026-04-01.