Locating and Verifying Original Wills and Codicils in Alaska

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.

Detailed Answer

Before opening probate in Alaska, you must locate the decedent’s original will and any codicils and confirm their validity under Alaska law. Under the Alaska Probate Code (Title 13), a court admits only the original document when overseeing estate distribution.

1. Search Personal and Business Records

Begin by reviewing the decedent’s files, including:

Home safe or fireproof box
Safe deposit box at a bank
Filing cabinets, desk drawers, or digital vaults

Look for a sealed envelope marked “Last Will” or “Will and Codicil.” Check digital records for electronic scans or notes about an attorney’s office holding the original.

2. Contact the Drafting Attorney

Many people have attorneys draft and store their estate documents. Contact any attorney the decedent used to ask if they hold the original will. Under Alaska rules, attorneys often return originals to clients but may retain copies or notes that identify where the original is stored.

3. Check for Court Deposit

Alaska law allows a will’s safekeeping deposit with the superior court clerk. Under AS 13.12.205, an individual may deposit a will in a sealed envelope with the court for safekeeping. The clerk timestamps and preserves it until probate. Search the probate records of the decedent’s last residence in the Alaska Superior Court. Many courts maintain indexes online or at the clerk’s office:

AS 13.12.205 – Deposit of Will

4. File a Probate Petition

If you suspect the will is lost or held by another party, file a probate petition with the superior court in the district where the decedent lived. The court can issue subpoenas or orders to locate the document. Once you locate the will, submit the original to the court clerk when opening probate.

5. Prove a Lost or Destroyed Will

If the original will or codicil cannot be found, Alaska permits admission of a copy or secondary evidence under AS 13.16.020 if you prove the original was properly executed and not revoked:

AS 13.16.020 – Lost or Destroyed Wills

You must present clear and convincing evidence of the will’s contents.
Two disinterested witnesses must testify to the execution formalities or the deceased’s intent.

Helpful Hints

Keep a detailed log of all locations searched and persons contacted.
Speak with close family or executors to uncover informal notes or instructions.
Always seek certified copies of any deposited documents from the court clerk.
Verify witness availability and gather affidavits early if the will is missing.
Consult an attorney promptly to navigate probate deadlines under Alaska law.