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Alaska Last Will and Testament

An Alaska will needs 2 witnesses (an interested witness still keeps their gift) and recognizes holographic wills. Free template. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the personal representative who will administer your estate. It can also name a guardian for your minor children. In Alaska, a will is valid under AS 13.12.501 through 13.12.517 if the testator is 18 or older and of sound mind, and if it is written and signed by at least two witnesses within a reasonable time after they watch the testator sign or after the testator acknowledges the signature to them (AS 13.12.502(a)). Alaska follows the reasonable-time rule from the Uniform Probate Code, so the two witnesses do not need to sign in the testator's presence or at the same time as each other. Unlike some states, Alaska does not void a gift to a witness who also stands to inherit; under AS 13.12.505 an interested witness may sign and still takes the full gift. The will itself does not need to be notarized; only the optional self-proving affidavit, a sworn statement attached to the will that lets it be admitted to probate without live witness testimony, requires a notary public (AS 13.12.504). Alaska also recognizes a holographic will, one that is entirely unwitnessed, if the signature and material portions are in the testator's own handwriting (AS 13.12.502(b)). Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and who administers your estate after you die. It can also name a guardian for minor children.

  2. 2

    Alaska requires two witnesses. Under AS 13.12.502(a)(3) at least two witnesses must sign within a reasonable time after watching the testator sign the will or after the testator acknowledges the signature. Alaska's interested-witness rule (AS 13.12.505) means a witness who is also a beneficiary still keeps the gift; the will is not invalidated.

  3. 3

    A self-proving affidavit is available and needs a notary. It is a sworn statement, usually attached to the will, in which the testator and witnesses confirm the will was properly signed. It lets the will skip live witness testimony in probate. Under AS 13.12.504 the affidavit must be notarized; it can be signed with the will or added later.

  4. 4

    Alaska recognizes holographic wills. A holographic will is a handwritten will. Under AS 13.12.502(b) it is valid whether or not witnessed, as long as the signature and the material portions of the document are in the testator's own handwriting.

  5. 5

    The will itself does not need a notary. Alaska validates a witnessed will through the two witnesses' signatures, not notarization. A notary is only needed for the separate, optional self-proving affidavit.

  6. 6

    You must be 18 and of sound mind. AS 13.12.501 lets an individual 18 or older who is of sound mind make a will. Sound mind generally means understanding the nature of making a will, the extent of your property, and who would naturally inherit from you.

  7. 7

    You can revoke a will by a later will or by a physical act. AS 13.12.507 allows revocation by executing a subsequent will that revokes the prior one expressly or by inconsistency, or by burning, tearing, canceling, obliterating, or destroying the will with intent to revoke it. Divorce also revokes provisions favoring a former spouse under AS 13.12.804.

Key decisions before you file

Before you file a Last Will and Testament in Alaska, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

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Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Alaska in about a minute, and notarize it online through DocDraft if it does.

Alaska Requirements for Last Will and Testament

  • Sign With Two Witnesses

    An Alaska will must be signed by at least two witnesses within a reasonable time after they watch the testator sign the will or after the testator acknowledges the signature to them (AS 13.12.502(a)(3)). The witnesses do not need to sign together or in the testator's presence.

  • An Interested Witness Still Takes Their Gift

    Alaska does not void a gift to a witness who is also named as a beneficiary. Under AS 13.12.505 the signing of a will by an interested witness does not invalidate the will or any provision of it, and the witness still receives the gift.

  • The Will Itself Does Not Need a Notary

    Alaska validates a witnessed will through the signatures of two witnesses, not notarization. A notary is required only for the separate, optional self-proving affidavit, never for the will itself.

  • A Notarized Self-Proving Affidavit Is Available

    Alaska recognizes a self-proving affidavit under AS 13.12.504. This sworn statement by the testator and both witnesses, made before a notary public, lets the will be admitted to probate without locating the witnesses to testify. It is optional.

  • Handwritten (Holographic) Wills Are Recognized

    Alaska recognizes a holographic will under AS 13.12.502(b). It is valid whether or not witnessed if the signature and the material portions of the document are in the testator's own handwriting.

  • Testator Must Be 18 and of Sound Mind

    Under AS 13.12.501 an individual 18 or older who is of sound mind may make a will. Sound mind generally means understanding that you are making a will, the extent of your property, and who would naturally inherit from you.

  • Revoke by a Later Will or a Physical Act

    AS 13.12.507 lets you revoke a will by executing a later will that revokes the prior one expressly or by inconsistency, or by a revocatory act such as burning, tearing, canceling, obliterating, or destroying the will with intent to revoke it. Divorce also revokes provisions favoring a former spouse under AS 13.12.804.

  • Name a Personal Representative

    Alaska law uses the term personal representative for the person who administers your estate, often called an executor in other states. Name a personal representative and a successor in your will so the probate court has a clear appointment to confirm.

Does your Last Will and Testament need to be notarized in Alaska?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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