Last Will And Testament requirements in Alaska
- You must be at least 18 years old and of sound mind.
- The will must be in writing—either typed or printed. Handwritten wills are not recognized in Alaska unless they meet stringent requirements, so it's best to use a typed document.
- You must sign the will in the presence of two witnesses who are at least 18 years old. They must also sign the will in your presence and in each other's presence.
- Witnesses should not be beneficiaries or heirs to avoid potential conflicts of interest.
- For a self-proving will, you and your witnesses should sign an affidavit before a notary public to simplify the probate process.
How to create a Last Will And Testament in Alaska
- Take inventory of your assets—real estate, bank accounts, investments, personal property, and digital assets.
- Decide who will receive your assets and name an executor you trust to carry out your wishes.
- Draft your will. You can use a will template or consult an attorney. Ensure it meets Alaska's legal requirements.
- Sign your will in the presence of two witnesses, and have them sign as well. This must be done in one sitting.
- If you want to make the will self-proving, sign a notarized affidavit with your witnesses. This is optional but highly recommended.
- Store your will in a safe place and inform your executor and family where to find it. Consider filing a 'will deposit' with the probate court in your county for extra security.
What a Last Will And Testament typically costs
The cost of creating a will in Alaska varies. Using a will template online can cost between $20 and $100, while hiring an attorney typically ranges from $200 to $1,000 or more depending on complexity. The Alaska Court System charges a small fee for filing a will deposit, currently $20. These costs are a small price for peace of mind and the security of your family's future.
Start creating your Alaska last will and testament today to protect what matters most.
Create your last will and testamentBefore You Begin: Alaska Will Checklist
Drafting a valid will in Alaska requires meeting specific formalities and gathering key information. Use this checklist to prepare.
- Gather personal information: full legal name, address, and date of birth for yourself, your spouse, beneficiaries, and alternative beneficiaries.
- List your assets and debts, including real estate, bank accounts, investments, personal property, life insurance policies, and any outstanding loans.
- Decide on your executor (personal representative) and an alternate, and consider discussing the role with them in advance.
- Alaska requires wills to be signed by you in the presence of two witnesses who are at least 18 years old and not beneficiaries (or married to beneficiaries).
- Your will must be in writing and signed by you (or by someone you direct) with the intent to make it your will. For peace of mind, consider having it notarized to simplify probate.
- Identify any specific Alaska property considerations, such as real estate or oil and gas interests, and plan for asset distribution accordingly.
- File the will with the Alaska Superior Court in the judicial district where you reside, or keep it in a safe place and inform your executor of its location.
- Review your will periodically and update it after major life events like marriage, divorce, birth, or death of a family member.
Frequently asked questions
Can I write a handwritten will in Alaska?
Alaska does not generally recognize holographic (handwritten) wills. To be valid, a will must be typed or printed and signed by you and two witnesses. It's always best to follow the formal requirements to avoid issues in probate.
What is the difference between a last will and testament and a living will?
A last will and testament covers the distribution of your assets and care of minor children after death. A living will, also known as an advance health care directive, expresses your wishes for medical treatment if you become incapacitated. Both are important parts of estate planning.
Do I need a notary for my will in Alaska?
Notarization is not required for a basic will, but it is required for a self-proving affidavit. A self-proving will can speed up the probate process by avoiding the need for witnesses to testify. Many people choose to notarize their will for added convenience.
Can I name a guardian for my children in my will?
Yes, you can name a guardian for your minor children in your will. This is one of the most important reasons for parents to have a will. The court will consider your choice, but it is given great weight, so it's crucial to make your wishes known.