Alaska Personal Planning | Alaska Power of Attorney | Alaska Personal Planning Forms

Alaska Estate Law Summary

Note: You can also Access a Personal Planning Package for the State of Alaska. or Prepare a Will Online

Note: This summary is not intended to be an all inclusive discussion of the law of wills in Alaska, but does include basic and other provisions. Hand-written wills or wills where the testator cannot sign his own name are not included.

Who may make will: An individual 18 or more years of age who is of sound mind may make a will.13.12.501

Execution of wills: A will must be in writing, signed by the testator and signed by at least two individuals, each of whom signs within a reasonable time after the witness witnesses the signing of the will by the testator. 13.12.502

Self-proved will: A will may be simultaneously executed, attested, and made self-proved, by acknowledgment of the will by 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 and evidenced by the officer's certificate, under official seal, in a required form. The will you have found contains the required form of certificate. 13.12.504

Who may witness: An individual generally competent to be a witness may act as a witness to a will. The signing of a will by an interested witness does not invalidate the will or a provision of it. 13.12.505

Choice of law as to execution: A written will is valid if executed in compliance with Alaska law, or if its execution complies with the law at the time of execution of the place where the will is executed or of the law of the place where, at the time of execution or at the time f death, the testator is domiciled, has a place of abode, or is a national. 13.12.506

Revocation by writing or by act: A will or a part of a will is revoked (1) by executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or (2) by performing a revocatory act on the will, if the testator performed the act with the intent and for the purpose of revoking the will or part of the will or if another individual performed the act inthe testator's conscious presence and by the testator's direction; in this paragraph, "revelatory act on the will" includes burning,tearing,canceling, obliterating, or destroying the will or any part of it; a "revocatory act on the will" includes a burning, tearing, or cancelingwhether or not the burn, tear, or cancellation touched any of the wordsof the will. 13.12.507

Incorporation by reference: A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. 13.12.510

Note: Click Here for a Personal Planning Package for Alaska.

Separate writing identifying devise of certain types of tangible personal property: A a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing that does not have significance apart from its effect on the dispositions made by the will. 13.12.513

Contracts concerning succession. A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after January 1, 1997, may be established only by (1) provisions of a will stating material provisions of the contract; (2) an express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or (3) a writing signed by the decedent evidencing the contract. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills. 13.12.514

Deposit of will with court in testator's lifetime: A will may be deposited by the testator or the testator's agent with a court for safekeeping, under rules of the court. During the testator's lifetime, the will must be kept confidential. During the testator's lifetime, a deposited will shall be delivered only to the testator or to a person authorized in writing signed by the testator to receive thewill. A conservator may be allowed to examine a deposited will of aprotected testator under procedures designed to maintain the confidential character of the document to the extent possible, and to ensure that it will be kept confidential and on deposit after the examination. 13.12.515

Penalty clause for contest: A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings. 13.12.517

Click Here for Alaska State Will & Estate Forms

Description - Alaska Life Documents Planning Package.
including Will, Power of Attorney and Living Will

The Legal Life Documents Personal Planning Package contains essential life documents, information on how to organize life documents and other products. The documents in this package are State Specific.

This package contains the following forms:

Last Will
General Durable Power of Attorney
Statutory Form of Durable Power of Attorney
Statutory Equivalent of Living Will
Estate Planning Questionnaire and Worksheets
Personal Planning Information and Document Inventory Worksheets

Detail Information on each form:

Last Will - Complete this form to detail in writing your wishes regarding who is to receive your property at death and who will administer your estate. It also enables you to appoint trustees or guardians, if applicable.
General Durable Power of Attorney for Property and Finances Effective Immediately - This General Durable Power of Attorney is a general, durable power of attorney which is effective IMMEDIATELY. The powers granted to an Agent in this Power of Attorney are very broad. This Power of Attorney does NOT provide for health care services. This form complies with all applicable state statutory laws.
Statutory Form of Durable Power of Attorney - General, Limited, Durable - includes Healthcare - This Power of Attorney is a statutory form which means it has been approved by the state legislature. It provides for the appointment of an attorney-in-fact for various matters, which you select, including property, finances, real estate, business, banking, litigation and many more options. This form is to be signed in front of a notary public and acknowledged. Note: Do not alter this statutory form other than to include the optional provisions listed. Only complete it as desired. This form is based on Alaska Statutes 13.26.332. It can be limited by the powers you select to give your agent. You may also select for the form to be durable, which means that it continues if you become incompetent.
Statutory Advance Health Care Directive - This statutory advance health care directive has been enacted by Alaska Acts - Chapter 83 of 2004 and contains five parts relating to: Durable Power of Attorney for Health Care Decisions, Instructions for Health Care, Anatomical Gift at Death, Mental Health Treatment, and Primary Physician Designation.
Estate Planning Questionnaire and Worksheets - This Estate Planning Questionnaire and Worksheet form is for completing information relevant to an estate. It contains questions for personal and financial information. You may use this form for client interviews. It is also ideal for a person to complete to view their overall financial situation for estate planning purposes.
Personal Planning Information and Document Inventory Worksheets - This form enables you to document matters relevant to your life and personal planning such as the location of your important legal documents, relatives names, contact information, medical information, financial asset inventory and more.

Alaska Estate and Personal Planning Forms

Alaska Estate Law Summary