Detailed Answer
Under Alaska law, a will generally must meet formal execution requirements before a court can admit it to probate. Notarization is not required, but witness signatures often are. Here’s what you need to know:
1. Formal Will Requirements
- Alaska Statute § 13.12.030 requires that a will be signed by the testator in the presence of two witnesses, who must also sign. Notary acknowledgment is optional. (AS 13.12.030)
- If your document lacks witness signatures, the court will presume it is invalid as a formal will.
2. Holographic (Handwritten) Wills
- Alaska recognizes holographic wills if the entire instrument is in the testator’s handwriting and signed by the testator. No witnesses are required. (AS 13.12.050)
- To qualify, every word must be in the testator’s own handwriting. Typed or partially handwritten documents fail this test.
3. Probate Process
- File a petition for probate in the Superior Court where decedent resided. (AS 13.12.010)
- Submit the original will and an inventory of estate assets.
- Serve notice on heirs and beneficiaries.
- Attend a hearing if the court requests more evidence of due execution or authenticity.
4. When a Will Fails Formalities
- If the will has no witnesses and is not wholly handwritten, it likely cannot be admitted as a will. The estate may then pass under Alaska’s intestacy rules. (AS 13.12.020)
- You may ask interested parties to re-execute an identical will with proper witnessing, but all beneficiaries must agree and the testator must have capacity.
- Courts have no “harmless error” rule in Alaska. You cannot cure a defective will by showing the testator’s intent alone.
5. Next Steps
- Determine if the document qualifies as a holographic will. If yes, petition immediately.
- If not, consider drafting a new will with proper witness signatures.
- Consult counsel or a court clerk to confirm filing procedures and deadlines.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Locate the original will. Courts will not accept copies unless the original is lost and you follow special procedures.
- Gather any witness affidavits—if a witness is available, an affidavit can support the will’s validity.
- Check for handwritten annotations. A fully handwritten document may qualify as a holographic will.
- File your probate petition as soon as possible to avoid statutory deadlines.
- Keep detailed records of all court filings and notices served on heirs.
- If in doubt, seek professional assistance from a probate attorney.