A will is a legally binding document that conveys the testator’s last wish in the form prescribed by law and establishes the lawful distribution of the will creator’s assets upon their passing.
As a precaution, it’s highly suggested to come up with a last will. Even if you don’t have too many assets, a last will and testament can help your family situation and end up being crucial to your close relatives after your death.
In case you’re interested in a fillable and printable Alaska last will and testament form, you will find it on this page, in addition to the guidelines on last will writing and answers to frequently asked questions.
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|Statutes||Title 13 – Decedents’ Estates, Guardianships, Transfers, Trusts, and Health Care Decisions; Chapter 12 – Intestacy, Wills, and Donative Transfers|
|Signing requirement||Two witnesses||Sec. 13.12.502. Execution|
|Age of testator||18 and older||Sec. 13.12.501. Who may make will|
|Age of witnesses||Sec. 13.12.505. Who may witness|
|Self-proving wills||Allowed||Sec. 13.12.504. Self-proved will|
|Handwritten wills||Recognized if meeting certain conditions||Sec. 13.12.502. Execution; witnessed wills; holographic wills|
|Oral wills||Not recognized|
|Holographic wills||Recognized if meeting certain conditions|
|Depositing a will||Possible with the clerk’s office in an Alaska Superior court A fee is $50.00||Sec. 13.12.515. Deposit of will with court in testator’s lifetime|
A power of attorney is a legal document that assigns a person, referred to as your agent or proxy (doesn’t need to be a lawyer), to take care of matters for you when you’re alive. Among different power of attorney types, the two following ones are viewed as main:
A will executor, however, is your trusted representative responsible for carrying out the conditions from your will. One individual could be your will’s executor and attorney-in-fact.
A last will in Alaska is valid without notarization. Even so, it is possible to make your will self-proving by attaching an affidavit to it, and you will need to hire a notary if you want to do that. In the event that you make your will self-proving, the court won’t have to make contact with the witnesses to determine the legality of the document, which will expedite the probate.
If you would like to make a holographic will, you’ll have to write the whole thing by hand. Take into account that such a will is generally created when there isn’t any other alternative and is replaced by a more thorough document made with the aid of a fillable will form or attorney. A properly laid out will is far better for the future probate process since holographic last wills might contain unclear provisions that can impede probate and make it more costly and/or harder to put in force.
An attested last will is a typewritten document that is often based on a fillable form obtainable online or prepared with the help of a lawyer. To be considered valid, it has to be signed by the testator and two credible witnesses older than 18 in the testator’s presence, which can also be done in the presence of a notary. However, the latter is not required in Alaska.
The testator must meet testamentary capacity requirements to be able to write and alter their last will, including being of sound mind.
There are generally two requirements to meet: soundness of mind and age. In the majority of states, you have to be over 18 years to be able to create a last will. Being of sound mind translates that you are conscious of your property as well as the heirs of your belongings and understand fully the consequences of your actions.
No, in Alaska, there is no such prerequisite. Still, attaching one might be very useful as it eliminates the demand for witnesses testimony at the time of probate, which eases the process considerably.
In Alaska, there is such term as community or marital property. It implies that all the belongings collected or increased during the marriage must be evenly shared between both marriage partners, and this can make it almost implausible to disinherit your spouse.
Only the belongings you control (your separate property) are subject to will disinheritance when it comes to your marriage partner.
Well before getting married to someone, you can enter into a prenuptial contract with your partner. It will allow you to alter the way how the community property ought to be allocated on divorce or your demise. This is probably the sole plausible way to disinherit your marriage partner or reduce her or his share.
Aside from your husband or wife, Alaska law makes it possible to disinherit other members of your family. This applies to your children and any other family members; just include disinheritance provisions to the last will and testament.
No, nobody but you is allowed to change your last will. Another person can only sign the will in case you’re physically unable to do so.
Yes, you can alter it.
A person who wrote the will is allowed to alter or revoke their last will and testament at any time. The sole situation that won’t allow you to do it is when such doing is outlawed under the contract you concluded.
It’ll also be wise to update your last will and testament in the following situations:
Alaska law implies that a will can be accepted in case it’s lost or destroyed. But, just the original of the will is likely to be approved by the probate court.
Based on Alaska law, the absence of the will may be assumed as its annulment. This means the executor must prove the last will and testament’s credibility, which might be found to be quite complicated.
For a holographic will, you would need sworn witnesses and testimony to demonstrate. That will make the situation much more difficult. The cause for not producing the will and its contents is be proven as well.
Alaska Estate Code enables another individual to sign your will solely per your directive and with you present. It’s possible to give a particular directive in some ways, including speaking, a positive response to a question, or a gesture.
A notary public can sign the testator’s name in case the testator isn’t able to do it on account of a physical disability. The notary must be guided to perform it in the presence of a witness. This witness is chosen just like someone could select an executor – they must not have any legal or equitable interest in any property being the subject of or influenced by the last will.
|Related documents||Instances when you may want to have one|
|Codicil||There are a few minor changes you want to make to your will.|
|Self-proving affidavit||You need to expedite the probate in the future.|
|Living will||You want to state your wishes concerning the end-of-life treatment and life-prolonging measures.|
|Living trust||You want more protection and confidentiality once the time to distribute your possessions comes.|