How to Submit an Original Will to Alaska Probate Court When You Live Out of State | Alaska Estate Planning | FastCounsel
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How to Submit an Original Will to Alaska Probate Court When You Live Out of State

Detailed Answer — Submitting an Original Will to an Alaska Probate Court from Out of State

This section explains, in plain language, what to do if you have the original will of a deceased person who lived in Alaska but you live in another state. The goal is to help you understand the common steps, documents, and options so you can decide whether to handle the filing yourself or hire an Alaska attorney.

Which court handles probate in Alaska?

Probate matters in Alaska are handled by the Superior Court in the county (borough) where the decedent was domiciled at the time of death. For an overview of Alaska probate practice and local forms, see the Alaska Court System probate page: https://courts.alaska.gov/shc/probate/. For statutory authority on decedents’ estates, see Alaska Statutes, Title 13 (Decedents’ Estates): https://www.akleg.gov/basis/statutes/display_title.php?title=13.

Key principles you should know

  • Probate generally requires filing the original will (not a copy) with the Superior Court where the decedent lived.
  • The person who files to probate the will is typically the named executor (personal representative) or another interested person.
  • If the will includes a self-proving affidavit signed by the testator and witnesses, the court can accept it without live witness testimony. If not, witness testimony or sworn affidavits may be required to prove the will.
  • Alaska has specific rules about notice to heirs and interested persons and about how to prove a will if the original cannot be located.

Step-by-step practical process for out-of-state filers

  1. Make copies and safeguard the original.

    Before sending anything, make clear, legible photocopies (or scans) of the entire original will and any attached affidavits or endorsements. Keep copies for your records. Store the original securely (locked envelope) until you are ready to deliver or ship it.

  2. Identify the correct Alaska Superior Court.

    File in the Superior Court of the borough/county where the decedent was domiciled. The Alaska Court System probate page above lists local court contact information and forms.

  3. Gather required documents.

    Typically you will need:

    • The original will.
    • A certified copy of the decedent’s death certificate.
    • A petition for probate (sometimes called a petition for informal probate or petition for letters testamentary), signed by the person asking the court to admit the will.
    • A proposed order admitting the will and issuing letters testamentary or letters of administration.
    • Contact information for heirs, beneficiaries, and known creditors (so the court can issue required notices).
    • Any self-proving affidavit attached to the will or witness affidavits if the will is not self-proved.

    Use the forms and instructions on the Alaska Court System probate pages to know exactly which forms the court expects.

  4. Decide how to deliver the original will to the court.

    Options include:

    • Have an Alaska attorney file the will and related documents electronically or in person. Attorneys typically have access to e‑filing and local knowledge and will handle required notices and deadlines.
    • Mail the original will and petition packet to the Superior Court clerk in the correct borough. If you mail, use a secure carrier (overnight or tracked delivery) and require a signature on delivery. Include a cover letter identifying the decedent and your contact information, plus copies of all supporting documents.
    • Deliver in person if you or a local representative can travel to Alaska.

    Because the court generally wants the original will, many out‑of‑state holders prefer to retain a local lawyer to file the original and keep a sealed copy for you if you want one preserved.

  5. Provide or obtain witness proof if needed.

    If the will is not “self-proved” (does not have a self-proving affidavit signed by the testator and the attesting witnesses), the court may require witness testimony to admit the will. For out‑of‑state witnesses you can usually obtain a signed affidavit from each attesting witness, sworn and notarized where they live, establishing the execution facts. Ask the Alaska court clerk or a lawyer whether the court will accept sworn affidavits in place of in‑court testimony in your county.

  6. Pay filing fees or request fee waiver where applicable.

    Check the local Superior Court clerk’s fee schedule and include a check or money order if you mail your packet. If cost is an issue, ask the clerk about fee waiver/deferral options and the required forms.

  7. Complete required notices and service.

    After filing, Alaska law requires notice to heirs, beneficiaries, and some creditors. The court or your attorney will prepare and send those notices and file proof of service. If you filed from out of state, be ready to provide accurate addresses for everyone entitled to notice.

  8. Follow up and respond to court directions.

    Monitor the filing (get a filing stamp or confirmation) and check with the court clerk about any additional steps, hearings, or objections. If anyone contests admission of the will, the court may schedule a hearing; plan to participate by video or coordinate representation by local counsel.

What if you can’t find the original will?

If the original is lost or destroyed, Alaska law allows the court to admit a copy if the proponent proves the original was validly executed and that it was not revoked. You will likely need to present stronger evidence (attesting witness affidavits, circumstantial evidence, or testimony). Consult the Alaska statutes on proving lost or destroyed wills and the Superior Court clerk for required proof: AS Title 13 — Decedents’ Estates.

Practical tips to reduce risk

  • Do not mail a single original without a secure delivery method and insurance. Keep a scanned copy before shipping.
  • If you are named executor and plan to act, consider hiring an Alaska probate attorney to file the original will, prepare notices, and represent you in court — especially if the estate is significant or contested.
  • Ask the court clerk for a filing receipt or stamped copy of anything you send so you have proof the court received the will.
  • If witnesses live out of state, get sworn, notarized affidavits from them describing the will signing, and attach those to your probate petition.

Where to find forms and local information

Start with the Alaska Court System probate information and form pages: https://courts.alaska.gov/shc/probate/. For statutory provisions governing wills and probate procedure, consult Alaska Statutes, Title 13 (Decedents’ Estates): https://www.akleg.gov/basis/statutes/display_title.php?title=13.

When to get help from an Alaska attorney

Consider hiring an Alaska probate attorney if any of the following apply:

  • The will appears to be contested or there are disagreements among heirs or beneficiaries.
  • The estate has substantial assets (real property in Alaska, business interests, complex accounts).
  • The original will is missing or appears to have been altered.
  • You prefer the convenience of having a local professional file, serve notices, and respond to any creditor claims or court inquiries.

Helpful Hints

  • Keep a digital scan of the entire original will and any attached affidavits before sending anything.
  • Use tracked, insured delivery with required signature if you mail the original to an Alaska court or lawyer.
  • If possible, consult the Superior Court clerk in the correct borough by phone or email before filing to confirm local requirements and fee amounts.
  • Ask attesting witnesses to prepare sworn, notarized affidavits if they live out of state — courts often accept these instead of in‑person testimony.
  • Consider local counsel for electronic filing, local notice service, and handling hearings if travel would be difficult.
  • Record the day you mailed or delivered the original and note the tracking number and recipient name for your files.

Disclaimer: This article provides general information about Alaska probate and is not legal advice. It does not create an attorney–client relationship. For advice about a specific situation, consult a licensed Alaska attorney or the Alaska Superior Court clerk.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.