Detailed Answer
Finding a decades-old will in Alaska triggers specific steps under Alaska’s Probate Code (Title 13). This guide walks you through verifying authenticity, filing for probate, and handling common issues.
1. Confirm Testator’s Death and Locate the Original Will
- Obtain a certified copy of the death certificate from the Alaska Department of Health.
- Find the original signed will. Alaska law requires the original to probate. If you only have a copy, explain why the original is unavailable when you file.
2. Verify Proper Execution
Under Alaska Statute AS 13.12.611, a valid will must be in writing, signed by the testator, and witnessed by two or more adults. To verify:
- Locate and interview surviving witnesses. Have them sign sworn affidavits describing the testator’s signature and the signing ceremony.
- If witnesses have died, gather secondary evidence—letters, diaries, or notarized statements from people who saw the will being signed.
3. Choose the Proper Court and Prepare Your Petition
File your petition in the Superior Court in the judicial district where the testator last lived. Under AS 13.12.101, any interested person can petition to admit a will to probate. Your documents should include:
- Petition form (Alaska Form UTP-014).
- Original will or explanation if missing.
- Certified death certificate.
- Affidavits of witnesses or secondary evidence of due execution.
4. Notify Interested Parties and Schedule a Hearing
Alaska Rule of Probate Procedure 5 requires you to notify heirs, beneficiaries, and the Department of Revenue (if estate tax may apply). The court sets a hearing date to consider your petition. At the hearing, the judge reviews evidence of authenticity and execution.
5. Overcome Delay Concerns
Discovering a will decades after the testator’s death can raise questions of laches (unreasonable delay). To address this:
- Explain why the will was hidden or unknown (e.g., stored in a safe deposit box).
- Show you acted promptly after discovery.
6. Appointment of Personal Representative and Estate Administration
If the court admits the will, it issues Letters Testamentary to the personal representative named in the will. That person collects assets, pays debts, and distributes property following the will’s terms. Under AS 13.12.201, priority for appointment goes to the person designated by the will or, if none, to the decedent’s heirs.
Disclaimer: This article is for general informational purposes and not legal advice. Consult a licensed attorney in Alaska for advice about your situation.
Helpful Hints
- Always use the original will. Courts rarely accept copies without strong justification.
- Interview and prepare affidavits from witnesses early, while memories are fresh.
- Keep detailed records of all contacts with heirs, witnesses, and court personnel.
- Review Alaska Probate Rules for service requirements to avoid procedural delays.
- Consult an Alaska probate attorney if you encounter unusual issues like missing assets or contested heirs.