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Alaska Last Will and Testament

Alaska Last Will and Testament

By 

Jennifer Mcgee

·

Updated on  

January 3, 2023
·

7 mins

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It may seem like a negative conversation to talk about a will or what would happen to your estate after you pass away. However morbid as it may seem, you should start planning as soon as possible. Life can be uncertain, and it's better to have your Alaska last will and testament in place. It would help the court and your loved ones know about your wishes. Also, you could provide for your family and minors through a last will and testament. 

That is why you should spend a little time planning and managing your estate. It would help prepare for any uncertainty and avoid legal troubles for your family. Therefore, if you're ready to begin the process, here's what you should know about the requirements for an online last will and testament.

Requirements for an Alaska Last Will and Testament 

  • Written will: An Alaska last will and testament must be on paper to be legal. It won't be legal in audio, video, or other digital file forms. However, Alaska state allows holographic wills.
  • Has to be of at least 18 or more years 
  • Possess a sound mind and memory: The testator for an Alaska last will must understand the will-making procedure, nature of their assets and estate, and beneficiaries. For the last will to be legally enforceable, they must possess a sound mind and memory.
  • Signing by the testator: To make it legal, you must sign your Alaska last will and testament before any two credible witnesses.
  • Signing by the witnesses: You must get at least two witnesses for the last will. They should acknowledge the will and sign before the testator. 
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“Should have done this before, had made it up to be really hard in my head. This was super easy!”

Who can be your witnesses for an Alaska Last Will and Testament? 

Your witnesses for an Alaska last will must follow these conditions:

  • Alaska permits any person who is competent to become a witness. 
  • They must be able to testify about the will-making process and other details about the testator. 
  • Furthermore, Alaska also allows beneficiaries to be witnesses for the last will and testament. 

Alaska rules for a personal representative or an executor 

Choosing an executor for your Alaska last will would be better than leaving it to uncertainty. However, an executor should follow these guidelines to be eligible for the role:

  1. Must be at least 19 or above
  2. Capable of performing the job, i.e., of a sound mind.
  3. Alaska doesn't restrict people convicted of a felony from being executors.
  4. Alaska allows you to choose someone out of state as your executor. 

Last will and Testament Notarization in Alaska 

There's no need to notarize your Alaska last will and testament. However, you should add a self-proving affidavit to the last will to speed up the probate process. Here's how you can do that:

  • Find a notary public to make a self-proving affidavit for the will. 
  • You and the witnesses must go to the notary and sign the affidavit, stating who you are and that you know you're signing a will.

Last Will Revocation in Alaska 

You could follow any of the following methods to revoke your Alaska last will and testament:

  • Destroy your last will by tearing, burning, obliterating, and shredding.
  • Asking someone to destroy the last will before you and two witnesses 
  • Making a new legal will, which revokes any part or the entire previous will.
Alaska last will and testament

Last Will Amendment rules Alaska. 

If you wish to make some minor and simple changes to your Alaska last will, you can do it through a Codicil. It will allow you to introduce changes to your existing will and avoid revoking it.

However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.

Alaska rules for divorce after making your last will

  • Alaska law revokes any gift you leave to your spouse.
  • Revokes any appointment of your spouse as the trustee or executor 
  • However, the provisions will stand if you state otherwise in your last will.

What happens if you don't have a will in Alaska?

Case

What happens 

Has children, no spouse 

Children inherit everything 

Has a spouse, no children, no parents 

Spouse inherits everything 

Has parents, no children, no spouse 

Parents inherit everything 

Has siblings, no parents, no children, no spouse 

Siblings inherit everything 

Has a spouse and children (Children you share with that spouse)

The spouse has no other children 

Spouse inherits everything 

Has a spouse and children (Children you share with that spouse)

The spouse has children from another relationship 

Spouse gets the first $150,000 of your estate and half of the remaining estate


Your children inherit the balance 

Has a spouse and children (Children you share with someone else)

Spouse gets the first $100,000 of your estate and half of the remaining estate


Your children inherit the balance 

Has a spouse and parents 

Spouse gets the first $200,000 of your estate and three-fourths of the remaining estate


Your parents inherit the balance 

Last Will and Testament Alaska Free Template

You can quickly create a simple estate plan by downloading a Last Will and Testament Alaska free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Alaska last will and testament. Once you go through the details and follow the required steps:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. Sign or notarize the document, depending on your state requirements. 

This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution. 

Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:

  • Online expert support: You can connect with our experts online and clear your doubts.
  • Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.

If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Alaska last will and testament. 

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Frequently Asked Questions

What does a personal representative/executor do?

The executor of your will would be responsible for managing and settling your estate distribution after you pass away. It's always better to name a trusted adult as your personal representative.

What would happen if someone passes away without a will?

The state's intestacy laws will be followed if someone dies without a will. The interested parties, like the spouse or children, would have to go through a probate process to get their share in the estate.

Can an executor or guardian refuse to take up the role?

Yes, your guardian or executor can refuse to take on the job. It is always better to ask the person and get their approval before mentioning them on your will.

Do I need to notarize my will?

Different states have varying requirements for Notarization. It's better to read your state rules before finalizing your last will and testament.

Do I need a lawyer to make my last will and testament?

There's generally no need to get a lawyer to make your will. You could use an online platform and easily make it within minutes. Only some special cases, like complex family relations, may require you to consult an attorney.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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