How to Make a Valid Will in Alaska

Who Can Make a Will in Alaska?

You must be at least 18 years old to make a will in Alaska. An individual must be 18 or more years of age and of sound mind (AS 13.12.501). The statute does not further define 'sound mind'; courts apply the common-law elements: the testator must understand the nature and extent of their property, know the natural objects of their bounty, and understand the nature and effect of the disposition they are making.

Signing Requirements

Must be in writing. Can be typed, printed, or handwritten. Alaska SB 90 (32nd Legislature, 2021–2022) proposed electronic will provisions but stalled in committee and did not pass; electronic wills are not currently authorized under AS 13.12.. If you are physically unable to sign, Another individual may sign in the testator's conscious presence and by the testator's direction.

Witness Requirements in Alaska

Alaska requires 2 witnesses. Must be competent; generally any person who can observe and attest to the signing. Each witness must sign within a reasonable time after witnessing either the signing of the will or the testator's acknowledgment of the signature or the will.

Interested witnesses: An interested witness does not invalidate the will. Alaska follows the UPC approach

Notarization in Alaska

Notarization is not required for a will to be valid in Alaska. Not required for will validity under AS 13.12.502, which requires only (1) writing, (2) testator signature, and (3) two witnesses. However, notarization is required — not merely recommended — to create a self-proved will under AS 13.12.504: the testator and witnesses must each acknowledge before an officer authorized to administer oaths under the laws of the state in which execution occurs, evidenced by the officer's certificate under official seal.

Self-Proving Affidavit

Alaska allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. A will may be simultaneously executed, attested, and made self-proved by acknowledgment of the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs, evidenced by the officer's certificate under official seal (AS 13.12.504(a)). Alternatively, an attested will may be made self-proved at any time after its execution by the same acknowledgment-and-affidavit procedure before an officer authorized to administer oaths where the acknowledgment occurs, with the officer's certificate under official seal attached or annexed to the will (AS 13.12.504(b)). A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will, if necessary to prove the will's due execution (AS 13.12.504(c)).

Handwritten (Holographic) Wills

Alaska does recognize holographic wills. Valid whether or not witnessed if the signature and material portions of the document are in the testator's handwriting (AS 13.12.502(b)). AS 13.12.502(b) does not specify where the signature must appear and does not contain any extrinsic evidence provision for establishing testamentary intent; the Alaska Supreme Court confirmed in In re Estate of Baker (2016) that the statute itself does not address either point. Signature placement flexibility and any extrinsic evidence rule derive from case law, not from the statute text.

Electronic Wills

Alaska does not currently recognize electronic wills. Alaska SB 90 (32nd Legislature, 2021–2022) would have authorized electronic wills — requiring an electronic record readable as text, signed electronically by the testator, and witnessed, with electronic presence of witnesses permitted — but the bill stalled in committee and did not pass. Electronic wills are not currently authorized under AS 13.12

How to Revoke a Will in Alaska

In Alaska, a will can be revoked by:

• •Executing a subsequent will that revokes the previous will expressly or by inconsistency
• •Performing a revocatory act on the will (burning, tearing, canceling, obliterating, deleting, or destroying)
• •Another individual may perform the revocatory act in the testator's conscious physical or electronic presence and by the testator's direction

AS 13.12.507. Revocation of a will in its entirety revokes all codicils to that will

Special Provisions in Alaska

Alaska is a separate property state but adopted an opt-in community property system via the Alaska Community Property Act (AS 34.77). Surviving spouse has an elective share right of up to one-third of the augmented estate under AS 13.12.202. Alaska also has a unique self-settled spendthrift trust (Alaska Trust Act)

Relevant Alaska Statutes

• AS 13.12.501 (Who may make a will)
• AS 13.12.502 (Execution; witnessed wills; holographic wills)
• AS 13.12.504 (Self-proved will)
• AS 13.12.507 (Revocation by writing or by act)
• AS 13.12.202 (Elective share)
• AS 34.77 (Alaska Community Property Act)