Create your Alaska will confidently

Q: Who can sign my will as a witness?

Under Alaska Statutes Section 13.12.505 , anyone who’s “generally competent” may serve as a witness. Unlike most states, Alaska even allows someone who’s a beneficiary under the will to serve as a witness. Although the law states that having a beneficiary sign your will as a witness doesn’t invalidate the will, it could still be a good idea to seek out witnesses who don’t have an interest in your estate. Also, keep in mind that your witnesses may be called to court if your will isn’t self-proving. Your witnesses should be people who can be contacted, if necessary, to provide credible testimony.

It only takes a few minutes to create an Alaska will using our simple, step-by-step process. From the comfort of your own home, you can answer the type of questions that an attorney would ask if you went into an office. Once you’re done, you’ll have a will that ensures your final wishes will be followed.

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Alaska will forms you can rely on

Families can be devastated by the loss of a loved one. If you die without a will (known as dying “intestate”), your family could have to endure a lengthy court process during their time of grief. The court will make decisions about the distribution of your property and the care of your children without your guidance. You can make a difficult time a little bit easier for your family by making your wishes known in an Alaska will.

FindLaw provides everything you need to make your will:

Last updated: January 24, 2022

Written by:

Acacia Wilson, Esq.

Contributing Author

Reviewed by:

J.P. Finet, J.D.

Contributing Author

Alaska will options available to you

Last Will and Testament
For One Person

A do-it-yourself last will that’s easy to personalize.

$79

What’s included:

Step-by-step guided process

Attorney-approved document compliant with your state’s laws

A last will and testament that’s customized to your wishes

Free changes and revisions to your will for up to one full year after purchase

* Select your state:

BEST VALUE

Estate Planning Package
For One person

All the forms you need to create a personal estate plan

$135

What’s included:

Last will and testament

Health care directive

Power of attorney

Free HIPAA release form

A comprehensive plan — for less

Free changes and revisions for up to one year after purchase

* Select your state:

How It Works

It only takes minutes to control your future. Need help? Contact one of our directory attorneys.

Create an account

Create a secure account which is accessible through an easy dashboard you can access any time.

Gather information

You will need a list of your assets, contact information for important people, and any wishes you want to be honored when you’re gone.

Complete your documents

Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing.

Make it legal

Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary.

What’s next to make my Alaska will?

Follow these steps to make a valid Alaska will.

Make a list of your assets

Some people think that they don’t have enough assets to make estate planning worthwhile. But the assets you do have could be quite valuable to members of your family and those you support. In order to make sure that all of your property is considered in the making of your will, sit down and create a list of all your assets as you begin the process. Don’t forget to list:

Real estate
Vehicles
Checking and savings accounts
Stocks and investments

You might want to make a list of specific items that hold value to you, as well. For example, if you have pieces of art or jewelry that you’d like for a specific person to receive when you die, you could identify the items and the person you want to have them.

In Alaska, you can create a document called a tangible personal property memorandum. In this document, you’d list items of sentimental value like keepsakes or photographs, and then refer to the document in your will. You can only use a tangible personal property memorandum for personal property. It can’t be used to convey your wishes for your real property.

Pick your beneficiaries

One important part of creating your will is picking your beneficiaries. A beneficiary is a person who receives something from your estate. As the person who’s making the will, you are the testator.

There are requirements for testators under Alaskan law. According to Alaska Statutes Section 13.12.501, you must be at least 18 years of age and of sound mind in order to make a will. If you meet these requirements as a testator, you can begin by picking out your beneficiaries.

People often decide to choose family members and friends as their beneficiaries. You might also want to consider listing charities as beneficiaries of your estate. Just make sure that you identify people and charities as specifically as possible, using their legal names.

If you don’t name any beneficiaries, your spouse and children would receive shares of your assets under Alaska’s laws of intestacy. When you create your own will, you can dictate how you want your property to be distributed (with certain exceptions).

Pick guardians for your children

You can do more with your will than just dispose of your property. You can also choose a guardian for your minor children or incapacitated adult children. A guardian is a person who would provide for your children’s needs and make decisions for them if you (and your spouse) died. You should choose someone you trust as a guardian. It’s also a good idea to choose an alternate guardian, just in case the first person you chose is unable or unwilling to care for your children.

Pick a personal representative

A personal representative, also known as an executor, is the person who’s responsible for paying debts and administering the estate when you pass away. This person may have to appear in court, so keep that in mind when you’re choosing the person to serve as your executor.

If you die without a will, a probate court can appoint a personal representative for your estate. But the person the court chooses may not be the person that you would’ve wanted to handle your affairs.

Sign and store your document

Alaska Statutes Section 13.12.502 lists the requirements regarding the execution and witnessing of your will. Importantly, an Alaska will must be:

In writing
Signed by the testator
Signed by two witnesses

It’s also acceptable if the testator directs someone else to sign their name in the testator’s presence. The individuals who serve as witnesses must witness the signing or the acknowledgment of the signing.

Unlike some other states, Alaska recognizes holographic wills. A holographic will is a will that is handwritten by the testator and signed by the testator. Witnesses are not necessary for holographic wills.

It could be beneficial to your family if you go before a notary and get the will properly notarized. A notarized will is self-proving, which means that your family won’t have to endure the hassle and cost of bringing witnesses to court to testify to the validity of the will.

Review and revise your document as needed

Many people find that they need to revise their wills as major life events occur. Examples of these types of events include:

Marriage
Divorce
Birth of a child

If you find that you need to revise your will, you can do so. If you use our forms to create your Alaska will, you will have an entire year to make edits or revisions to your form.

You may want to speak with a lawyer if you:

Have a past divorce, blended family, or other complex family situation
Have a high-value estate
Own a business
Want to create a special needs trust
Want legal review of your completed will

Find a local estate planning lawyer

Ready to begin your Alaska will?

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Frequently asked questions about wills

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Can I get a free will form?

You could find free will forms online, but they might not meet Alaska’s requirements. A will that doesn’t meet the requirements of your state could be found invalid. To get a customized will that meets the requirements of Alaska law, get started with one of our state-specific forms.

Do I need a lawyer to make a will?

You don’t need to hire a lawyer in Alaska to create a will. You can take a do-it-yourself approach to estate planning and prepare all of the documents that you need on your own. Whether you just need a will right now or would also like to get a power of attorney or living will, there are forms on FindLaw that you can use to get it all done at an affordable price.

FindLaw is not a law firm, and the forms are not a substitute for the advice or services of an attorney. If you prefer to have an attorney involved, you could get started on the process now and contact an attorney who could review your forms later. If you have special circumstances or a very high net worth, you might want to contact an estate planning lawyer as soon as possible.

Who can sign my will as a witness?

Under Alaska Statutes Section 13.12.505, anyone who’s “generally competent” may serve as a witness. Unlike most states, Alaska even allows someone who’s a beneficiary under the will to serve as a witness. Although the law states that having a beneficiary sign your will as a witness doesn’t invalidate the will, it could still be a good idea to seek out witnesses who don’t have an interest in your estate.

Also, keep in mind that your witnesses may be called to court if your will isn’t self-proving. Your witnesses should be people who can be contacted, if necessary, to provide credible testimony.

Can I create a trust in my will?

Yes, you can create a trust in your Alaska last will and testament. When you create a trust, you designate a person who will serve as the trustee. The trustee has the responsibility of following your instructions for the distribution of funds from the trust.

A trust can be an appealing option under certain circumstances. For example, if you’d like for your adult child to receive a sum of money from your will but you don’t want him or her to receive the money all at once, you could provide a trustee with instructions to distribute the money to your child in periodic payments.

A trust can also be useful if you’d like to provide for the care of a pet. In Alaska, pet trusts are valid as long as the duration is 21 years or less. You could appoint someone to care for your pet and a trustee to distribute funds to that person.

Can I revoke my Alaskan will?

Yes, you can revoke your will. Under Alaskan law, a will may be revoked by the execution of another will that revokes the previous will. Another way to revoke a last will and testament in Alaska is to destroy it with the intent and purpose of revoking it.

Want an attorney to review your will?

Contact an experienced estate planning lawyer near you.