Alaska's Requirements for a Will
Alaska's Requirements for a Will
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Alaska's Requirements for a Will

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Summary of Alaska's Will Requirements:

 

Minimum Age to Make a Will 18
Written Document Required Yes
Nuncupative Wills (Oral) No
Holographic Wills (Hand-Written, Unwitnessed) Yes
Number of Witnesses Required 2
Self-Proving Affidavit Allowed
Statutory Form for Self-Proving Affidavit Yes

 

 

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Statutes Governing Alaska's Will Requirements:

 

Who May Make Will

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

Alaska Requirements for a Will - AS 13.12.501

 

Execution; Witnessed Wills; Holographic Wills

(a) Except as provided in (b) of this section, AS 13.06.068, AS 13.12.506, and 13.12.513, a will must be

(1) in writing;

(2) signed by the testator or in the testator's name by another individual in the testator's conscious presence and by the testator's direction; and

(3) signed by at least two individuals, each of whom signs within a reasonable time after the witness witnesses either the signing of the will as described in (2) of this subsection or the testator's acknowledgment of that signature or the will.

(b) Except as provided in AS 13.06.068 , a will that does not comply with (a) of this section is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.

Alaska Requirements for a Will - AS 13.12.502

 

Self-Proved Will

(a) 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 substantially the following form:

I, __________, the testator, sign my name to this instrument this ________ day of ________, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes expressed in the will, and that I am eighteen years of age or
older, of sound mind, and under no constraint or undue influence.

______________________________ Testator


We, __________, __________, the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as the testator's will and
that the testator signs it willingly (or willingly directs another to sign for the testator), and that each of us, in the presence and hearing of the testator, hereby signs this will as witness to the testator's signing, and that to the best of our knowledge the testator is eighteen years of age or older, of sound mind, and under no constraint or undue influence.

______________________________ Witness

______________________________ Witness


State of __________

________________________ Judicial District

Subscribed, sworn to, and acknowledged before me by __________, the testator, and subscribed and sworn to before me by __________, and __________, witness, this ________ day of ________.

(Seal)

______________________________ (Signed)

______________________________ (Official capacity of officer)

 

(b) An attested will may be made self-proved at any time after its execution by the acknowledgment of the will by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which the acknowledgment occurs and evidenced by the officer's certificate, under the official seal, attached or annexed to the will in substantially the following form:

State of __________

________________________ Judicial District

We, __________, __________, and __________, the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as the testator's will and that the testator had signed willingly (or willingly directed another to sign for the testator), and that the testator executed it as the testator's free and voluntary act for the purposes expressed in the will, and that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of the witnesses' knowledge the testator was at that time eighteen years of age or older, of sound mind, and under no constraint or undue influence.

______________________________ Testator

______________________________ Witness

______________________________ Witness

Subscribed, sworn to and acknowledged before me by __________ , the testator, and subscribed and sworn to before me by __________, and ________, witnesses, this
________ day of ________.

(Seal)

______________________________ (Signed)

______________________________ (Official capacity of officer

 

(c) 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.

Alaska Requirements for a Will - AS 13.12.504

 

Who May Witness

(a) An individual generally competent to be a witness may act as a witness to a will.

(b) The signing of a will by an interested witness does not invalidate the will or a provision of it.

Alaska Requirements for a Will - AS 13.12.505

 

Choice of Law as to Execution

Except as provided by AS 13.06.068 , a written will is valid if executed in compliance with AS 13.12.502 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 of death, the testator is domiciled, has a place of abode, or is a national.

Alaska Requirements for a Will - AS 13.12.506

 

[Reference - Alaska Requirements for a Will]

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