To make a valid will in Alaska, you must be 18 or older, put your wishes in writing, sign the document, and have two witnesses sign within a reasonable time of witnessing your signature under AS 13.12.502. Alaska also allows handwritten holographic wills.
Key Takeaways
- Alaska follows the Uniform Probate Code, so its will rules are more flexible than many states.
- Two witnesses must sign within a reasonable time of witnessing your signature or acknowledgment, not necessarily at the same moment you sign.
- Holographic wills are valid in Alaska without any witnesses at all, as long as the signature and material portions are in your handwriting.
- A self-proving affidavit under Alaska law lets your executor skip live witness testimony in probate.
What are the basic requirements to make a valid will in Alaska?
Under AS 13.12.502, a will must be in writing, signed by the testator (or by another person in the testator's conscious presence and at the testator's direction), and signed by at least two individuals who each sign within a reasonable time after witnessing the signing or the testator's acknowledgment of the will. This is looser than the strict same-room, same-moment rule some states use, but it is still smart practice to sign together in one sitting to avoid any argument later.
Alaska does not require notarization for a standard witnessed will to be valid. It is only required if you want to attach a self-proving affidavit. Your witnesses also need to be generally competent adults, and it is best practice to choose people who have no financial stake in your estate. Using a beneficiary as a witness does not automatically void an Alaska will, but it invites exactly the kind of challenge you are trying to avoid by putting your wishes in writing.
Step-by-step: how do you make a will in Alaska?
- Inventory your assets, debts, and the people or organizations you want to name as beneficiaries.
- Choose an executor and, if you have minor children, a guardian to name in the will.
- Draft the will, stating clearly that the document is your last will and testament and naming your executor, guardian, and beneficiaries.
- Sign the will yourself, or direct someone else to sign your name in your conscious presence.
- Have two witnesses, each 18 or older, sign after witnessing your signature or your acknowledgment of it.
- Add a self-proving affidavit before a notary at the same sitting so witnesses will not need to testify later.
- Store the signed original somewhere secure and tell your executor exactly where it is.
If you would rather skip the drafting from scratch, FastWill's online will builder generates an Alaska-compliant will using these same steps.
Does Alaska recognize handwritten (holographic) wills?
Yes. Under AS 13.12.502, a will that does not meet the standard witnessed-will requirements is still valid as a holographic will, whether or not it is witnessed, as long as the signature and the material portions of the document are in your own handwriting. This makes Alaska more forgiving than many states for a handwritten will made without witnesses on hand. Even so, a holographic will is a backup plan, not a first choice. Courts have to interpret intent and handwriting after the fact, which opens the door to disputes a typed, witnessed will avoids.
What is a self-proving affidavit and do you need one in Alaska?
Under AS 13.12.504, Alaska lets you make your will self-proved either at the time you sign it or later, through a notarized acknowledgment by you and affidavits from your witnesses. A self-proved will is presumed validly executed without requiring your witnesses to appear in court, which matters if years pass between signing and your death and a witness has moved, lost contact, or died. There is no downside to adding this at signing, since it takes only a few extra minutes with a notary.
DIY will vs. hiring a lawyer in Alaska
A straightforward Alaska estate, meaning a home, some savings, a retirement account, and ordinary personal property, generally does not require a custom attorney-drafted will. What actually causes problems for homemade wills is getting the signing formalities wrong, not the underlying language. You should consult an estate planning attorney if you have a business interest, a blended family with competing claims, real property in more than one state, or a beneficiary who needs a trust rather than an outright inheritance because of a disability or a spending concern. A will is one part of a full plan; our Alaska estate planning overview and Alaska estate planning checklist cover the rest, including a power of attorney for Alaska and whether a living trust fits your situation.
How do you update or revoke a will in Alaska?
You can revoke an Alaska will by physically destroying it with intent to revoke, by executing a new will that revokes prior wills, or by a subsequent written instrument that meets the same execution requirements as a will. Marriage, divorce, a move, and the birth or adoption of a child are the most common triggers for updating a will. Never handwrite changes onto an already-signed will; that kind of alteration is not a valid amendment and can put the whole document in question during probate. Execute a new will or a formally signed codicil instead.
A codicil is a short amendment that changes one or more specific provisions without rewriting the entire will, and it must meet the same signing and witnessing requirements as the original document. For anything more than a small, isolated change, most Alaskans are better off signing a completely fresh will that expressly revokes every prior will and codicil. Stacking several codicils on top of each other creates more room for a probate court to find a conflict between documents, which is exactly the kind of dispute a clean, current will avoids.
If you have moved to Alaska from another state, do not assume your old will still fits. Review beneficiary designations, your named executor, and any references to property you no longer own, and update the will if anything has changed since you signed it.
Frequently Asked Questions
Do I need a lawyer to make a will in Alaska?
No. Alaska law does not require an attorney to draft or witness a will. You do need to follow the signature and witness rules in AS 13.12.502 precisely.
Can a beneficiary witness my Alaska will?
Alaska does not automatically void a will because an interested witness signed it, but using a beneficiary as a witness invites a challenge later. Pick two witnesses who receive nothing under the will.
Is a will made in another state valid once I move to Alaska?
Generally yes, if it was validly executed under the law of the state where you signed it or where you were domiciled at the time. Have it reviewed after your move to confirm it still works with your Alaska assets and goals.
What happens if I die without a will in Alaska?
Alaska's intestacy statutes determine who inherits, typically your spouse and children in shares set by law. See our guide on what happens if you die without a will in Alaska for the full breakdown, and our national guide to writing your own will for concepts that apply anywhere.
Do I need to notarize my will in Alaska?
No, notarization is not required for the will itself to be valid. It is only needed for the optional self-proving affidavit under AS 13.12.504, which is worth the extra step.
Want your wishes in writing instead of left to Alaska's default rules? Build an Alaska-compliant will with FastWill's will package and get the execution steps right the first time.
