Detailed Answer: how to create a new will that revokes an earlier will

Yes. Under Alaska law you can create a new will that automatically revokes an earlier will without filing either document with the court while you are alive. To make that revocation effective you must follow Alaska’s execution rules so the new document is legally valid. See Alaska statutes on probate and wills (Title 13) for the governing law: Alaska Statutes, Title 13 (Probate, Trusts, and Protective Proceedings).

What actually revokes the old will?

There are two common ways a prior will is revoked:

• Revocation by a subsequent instrument: A properly executed new will (or codicil) that contains language revoking prior wills will revoke earlier wills to the extent of inconsistency or by an express revocation clause.
• Revocation by physical act: The testator’s intentional physical destruction, obliteration, or cancellation of a prior will with the intent to revoke it can also revoke that will.

How to make the new will revoke the old will reliably

Follow these practical steps to make the revocation effective and to reduce the chance of disputes later:

1. Include a clear revocation clause. Use an explicit statement such as: “I revoke all prior wills and codicils.” Be careful: if you only intend to change part of the prior will, you can limit the revocation to parts that conflict.
2. Execute the new will according to Alaska formalities. The new will must be properly signed and witnessed under Alaska law. If the new will is not validly executed, the old will might remain effective. (For the precise execution rules and signature/witness requirements, consult the Alaska statutes at the link above or an attorney.)
3. Consider a self-proving affidavit. Many states allow a sworn, self-proving affidavit attached to the will so witnesses do not need to testify in probate. Including a self-proving affidavit can simplify probate later, but it does not change revocation rules—it only helps prove valid execution.
4. Safely store the original new will. Keep the original signed will in a secure place (with your attorney, a safe-deposit box, or another secure location) and tell your executor or trustee where it is. The court generally needs the original at probate.
5. Destroy or mark superseded originals only if you are comfortable doing so. If you possess the prior will’s original and you want to avoid confusion, you may destroy it yourself (tearing, burning, etc.) with the intent to revoke. If you do not want to destroy it, an express revocation clause in the new will is still usually sufficient. Be cautious: destroying a will can create later proof issues if there is any dispute about your intent.

Using a codicil instead of a whole new will

If you only want to change small parts of your prior will, you can execute a codicil (an amendment). A properly executed codicil that conflicts with the prior will will modify the earlier will and may include a clause expressly revoking certain provisions.

When you do NOT need to file anything with the court

You do not need to file your new will with the probate court while you are alive. Probate courts only review wills after the testator’s death. Until then, the new will, properly executed, controls and revokes earlier wills by operation of law. However, you may wish to place the original somewhere the executor will find it or provide copies to trusted people so there is no confusion at death.

Practical example

Hypothetical: Anna executed a will in 2010 leaving her estate to Alice. In 2025 Anna signs a new will that states: “I revoke all prior wills and codicils. I leave my estate to Bob.” Anna signs the 2025 will in front of the required witnesses and follows Alaska execution rules. If Anna dies after 2025, the 2025 will is submitted to probate as the controlling document and, if found valid, it revokes the 2010 will. The 2010 will will not determine distribution unless the 2025 will is invalid.

Potential problems to avoid

• Failing to follow execution formalities for the new will. An improperly executed new will may be invalid, leaving the old will in force.
• Creating ambiguous revocation language. Vague or partial revocations can cause litigation.
• Relying solely on destroyed copies without clear proof of intent. If the only evidence of a revocation is a destroyed original and others later claim it wasn’t your intent, the court may need extra proof.
• Not notifying key people. If the executor or family members are unaware of the new will’s existence or location, locating the proper original at death can be difficult.

Where to find the law: Alaska’s probate and wills provisions are in Title 13 of the Alaska Statutes. To read the statutes and confirm formal execution requirements and other details, see: https://www.akleg.gov/basis/statutes.asp.

Reminder: This is an explanation of common legal principles, not legal advice.

Helpful Hints

• Use an express revocation clause in the new will: it is the clearest way to revoke prior wills.
• Always follow Alaska’s signing and witnessing rules when you execute a new will—formalities matter.
• Keep the original signed will in a secure place and tell your executor where it is located.
• Attach a self-proving affidavit if available in Alaska to simplify probate after death.
• If you destroy an old will to revoke it, do so deliberately and, if possible, in the presence of a witness who can later testify about your intent.
• Keep dated copies of important estate documents and a brief memo describing why you made major changes—this can reduce contests after your death.
• If you have complicated assets (trusts, business interests, multiple marriages, or children from different relationships), consult a lawyer experienced in Alaska probate and estate planning.
• Do not rely on informal handwritten changes (crossing out provisions) unless those changes meet Alaska’s legal standards for a holographic or validly amended will.

Final note: This article is educational only and is not legal advice. Laws change and individual situations vary. For a definitive answer tailored to your situation, consult a licensed Alaska attorney who handles wills and probate.