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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.

Open the Last Will and Testament guide

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ALASKA LAST WILL AND TESTAMENT

I, [TESTATOR FULL NAME], a resident of [CITY/BOROUGH], Alaska, being 18 years of age or older and of sound mind, declare this to be my Last Will and Testament and revoke all prior wills and codicils I have made.

  1. DECLARATION AND REVOCATION I declare that I am not acting under duress, fraud, or undue influence, and that this Will expresses my wishes for the distribution of my estate (AS 13.12.501).

  2. PERSONAL REPRESENTATIVE APPOINTMENT I appoint [PERSONAL REPRESENTATIVE NAME] of [CITY], Alaska, to serve as personal representative (executor) of my estate, with authority to pay my debts and expenses, collect and manage estate assets, and distribute property under this Will. If that person is unable or unwilling to serve, I appoint [SUCCESSOR NAME] as successor personal representative. I direct that my personal representative serve without bond to the extent Alaska law allows.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests here: describe each item or amount and the beneficiary (the person or organization receiving the gift) who receives it.]

  4. RESIDUARY CLAUSE I give all the rest, residue, and remainder of my estate, meaning everything not already given away above, of whatever kind and wherever located, to [RESIDUARY BENEFICIARY NAME], or if that beneficiary does not survive me, to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION CLAUSE On the date below, I signed this Will in the presence of the two witnesses named below, or I acknowledged to them that the signature above is mine, and I asked them to sign as witnesses (AS 13.12.502(a)). Under Alaska law each witness signs within a reasonable time after witnessing the signing or acknowledgment; the witnesses do not need to sign together or in my presence.

Signed: _____________________________ [TESTATOR NAME], Testator Dated: [DATE]

Witness 1: _____________________________ Address: [ADDRESS] Witness 2: _____________________________ Address: [ADDRESS]

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Alaska recognizes a self-proving affidavit under AS 13.12.504. This sworn statement, made before a notary public by the testator and both witnesses, lets the Will be admitted to probate without locating the witnesses to testify. It is optional and does not replace the attestation clause above.

State of Alaska, [Borough/City] of [NAME]. We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being duly sworn, declare to the undersigned notary that the testator signed this Will as a free and voluntary act, that each witness signed at the testator's request in the manner described above, and that to the best of each witness's knowledge the testator was 18 or older and of sound mind.

[TESTATOR NAME], Testator

[WITNESS 1 NAME], Witness

[WITNESS 2 NAME], Witness

Subscribed and sworn before me this [DATE].

Notary Public, State of Alaska My commission expires: [DATE]

Note: This is a compact Alaska skeleton governed by AS 13.12.501 through 13.12.517. Alaska does not void a gift to a witness who is also a beneficiary, but naming witnesses who are not beneficiaries can reduce the chance of a later will contest. Two witnesses and, optionally, a notarized self-proving affidavit are the operative formalities; the will itself does not require a notary. For the complete, customizable template, see the full Last Will and Testament template.

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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Frequently Asked Questions

An Alaska will needs at least two witnesses who sign within a reasonable time after watching the testator sign or after the testator acknowledges the signature (AS 13.12.502(a)(3)). Alaska does not require the witnesses to sign at the same time or in each other's presence. A witness who is also named as a beneficiary can still sign; under AS 13.12.505 that does not invalidate the will and the witness still takes the gift.

No, the will itself does not need to be notarized. An Alaska will is validated by the signatures of at least two witnesses, not a notary. A notary is used only for the optional self-proving affidavit, a sworn statement under AS 13.12.504 that lets the will be admitted to probate without calling the witnesses to testify.

Yes. Under AS 13.12.502(b) a will is valid as a holographic will, witnessed or not, if the signature and the material portions of the document are in the testator's own handwriting. A typed will that is not properly witnessed does not qualify; the handwriting requirement applies to the substantive terms, not just the signature.

Write the will, have the testator sign it (or direct someone else to sign in the testator's conscious presence), and have at least two witnesses sign within a reasonable time after watching the signing or after the testator acknowledges the signature (AS 13.12.502(a)). The testator must be 18 or older and of sound mind (AS 13.12.501). Adding a notarized self-proving affidavit is optional but can simplify probate.

A valid Alaska will is in writing, made by a testator who is 18 or older and of sound mind, signed by the testator or at the testator's direction, and signed by at least two witnesses within a reasonable time of witnessing the signature or its acknowledgment (AS 13.12.501, 13.12.502). A will that fails those formalities can still be valid as a holographic will if the signature and material portions are in the testator's handwriting.

A self-proving affidavit is a sworn statement, usually attached to the will, in which the testator and the two witnesses confirm before a notary that the will was signed and witnessed properly. Under AS 13.12.504 it must be notarized. It lets a probate court admit the will without locating the witnesses to testify, but it is optional, not required to make the will valid.

You must be at least 18 years old to make a will in Alaska, and you must be of sound mind. AS 13.12.501 states that an individual 18 or older who is of sound mind may make a will. Sound mind means understanding that you are making a will, roughly what you own, and who would naturally inherit from you.

Under AS 13.12.507 you revoke an Alaska will either 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 the intent to revoke it. A divorce or annulment also revokes any provisions favoring a former spouse under AS 13.12.804, so update your will after a divorce.