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. Emancipated minors may make a will under Alaska's UPC framework. The testator must be of sound mind, meaning they understand the nature and extent of their property, know the natural objects of their bounty, and understand the disposition they are making

Signing Requirements

Must be in writing. Can be typed, printed, or handwritten. Alaska SB 90 introduced electronic will provisions allowing wills in electronic form. 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 validity but recommended for a self-proving affidavit

Self-Proving Affidavit

Alaska allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. The testator and witnesses must sign an affidavit before an officer authorized to administer oaths. The will may be simultaneously executed, attested, and made self-proving (AS 13.12.504)

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. The signature may appear anywhere on the document. Intent may be established by extrinsic evidence (AS 13.12.502(b))

Electronic Wills

Alaska recognizes electronic wills. Alaska SB 90 (32nd Legislature) introduced provisions for electronic wills. An electronic will must be in an electronic record readable as text, signed electronically by the testator, and witnessed. Electronic presence of witnesses is permitted

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)