Detailed Answer
This explains how to get a copy of a deceased person’s will admitted to probate in Alaska when the original cannot be produced, and how to avoid (or overcome) the court’s presumption that a missing will was revoked. This is a general explanation of the usual process under Alaska law and does not replace advice from a licensed Alaska attorney.
Key legal background
When a will cannot be located after the testator (the person who made the will) dies, many courts begin with a presumption that the testator intentionally revoked the will by destroying it or otherwise removing it from circulation during life. To have a copy admitted to probate in Alaska you must present evidence sufficient to satisfy the probate court that:
- a validly executed will existed; and
- the will was not revoked by the testator before death.
Alaska law governing wills and probate is in Title 13 of the Alaska Statutes; the statutory text and probate provisions are available from the Alaska Legislature website: Alaska Statutes, Title 13 (Probate and Estates).
Usual proof the court expects
To admit a copy of a will the court typically requires:
- Evidence the copy is an accurate reproduction of the last known, valid version of the will (for example, the original was lost or destroyed but the copy was made when the original existed).
- Direct or circumstantial evidence that the testator did not revoke the will after the copy was made. Probative items include testimony that the testator kept the will in a safe place and it could not reasonably have been destroyed, or proof the testator stated an intention not to revoke.
- Testimony from one or more people familiar with the testator’s handwriting or with the execution ceremony (attesting witnesses, the person who prepared the will, or a notary who took a self-proving affidavit), if available.
- Affidavits describing a thorough search for the original and explaining why the original cannot be produced.
Practical step-by-step process
Below are the common steps persons follow in Alaska probate practice when seeking admission of a copy of a will:
- Search for the original thoroughly. Check the deceased’s home, safe deposit boxes, lawyer’s office, bank, and any digital records. Obtain signed statements describing the search results.
- Collect witness statements and evidence of execution. If one or more original attesting witnesses are alive and can testify that they saw the person sign the will and the will was properly executed, the court can treat that testimony as strong proof of due execution.
- Prepare affidavits about authenticity and non-revocation. Typical affidavits address: (a) how the copy was created and why the original is missing; (b) observations about the testator’s possession of the original before death; (c) that the testator gave no evidence of revocation; and (d) any statements the testator made about the will.
- File a petition in the superior court probate division. The petition asks the court to admit the copy of the will. It normally includes the copy of the will, the affidavits or declarations, the death certificate, a list of likely heirs/beneficiaries, and a proposed personal representative (executor).
- Give notice to interested persons. Alaska probate rules require notice to heirs and beneficiaries so they can object if they believe the will was revoked or the copy is fraudulent.
- Attend the probate hearing. The court will consider the written proof and live testimony (if any). Be ready to explain why the original is missing and why the copy accurately reflects the last, unrevoked will.
- Obtain the court’s order admitting the copy. If the court is satisfied, it will admit the copy to probate and appoint a personal representative to administer the estate. If the court is not satisfied, it may deny admission, leaving intestacy rules to govern distribution unless another valid original appears.
Common types of evidence that help overcome the presumption of revocation
- Sworn testimony of attesting witnesses who observed the execution ceremony.
- A contemporaneous certified copy or photocopy stored separately (for example, a drafted copy held by the attorney or in digital form with metadata proving creation date).
- A self-proving affidavit executed with the will before death (if a self-proving affidavit exists and can be identified, the court may treat it as strong proof).
- Evidence the deceased lacked capacity or opportunity to revoke after the copy was made (e.g., they were physically incapacitated and could not destroy the original).
- Evidence of consistent testamentary intent (letters, emails, or other documents where the decedent confirms the contents of the will).
Standard of proof and likely outcomes
Courts generally require relatively persuasive evidence to admit a lost or destroyed will’s copy. Many jurisdictions apply a heightened standard (often characterized as “clear and convincing” evidence) that a valid will existed and that the testator did not revoke it. If the court finds the proof adequate, it will admit the copy and allow estate administration under its terms. If the proof fails, the estate may be distributed under intestacy rules.
Timing, notice and temporary authority
Bring a petition promptly after discovering the will copy. While a petition is pending the court may issue temporary letters allowing a proposed personal representative to take limited steps to preserve estate assets. Notice rules require informing heirs and beneficiaries so they can contest admission.
When to get an attorney
Cases involving missing wills often lead to disputes among heirs. Hire an experienced Alaska probate attorney if any of the following apply:
- Multiple interested persons contest authenticity or revocation.
- The estate is large or contains unusual assets.
- There is evidence of fraud, forgery, or undue influence.
- You need temporary authority to manage estate assets while the petition is pending.
Where to find the controlling statutes
Alaska’s probate and wills statutes are found in Title 13 of the Alaska Statutes. For text of the statutes and to check specific provisions, use the Alaska Legislature’s site: https://www.akleg.gov/basis/statutes.asp?title=13. Local court forms and probate procedure information are available from the Alaska Court System at https://courts.alaska.gov/forms/index.htm (see the Probate category).
Bottom line
You can often get a copy of a missing will admitted to probate in Alaska, but you must prepare careful evidence to overcome the natural presumption of revocation. A thorough search report, witness affidavits about execution and custody, documentary evidence of the copy’s provenance, and timely, properly noticed filings with the probate court improve your chances of success. Given the evidentiary and procedural complexity, consulting an Alaska probate lawyer early is strongly recommended.
Disclaimer: This information is educational only. It is not legal advice and does not create an attorney–client relationship. For advice tailored to your situation, consult a licensed Alaska attorney.
Helpful Hints
- Start a written log of every place you searched for the original will and collect signed affidavits describing those searches.
- Collect any emails, drafts, or other documents that show the testator’s intent and the date the copy was made.
- If possible, locate and interview attesting witnesses quickly while memories are fresh; get sworn statements if they are unwilling or unable to appear at court.
- Keep the copy in a safe location and make certified copies for filing with the court and distributing to interested persons as required by the court’s rules.
- Prepare to provide identifying information about the deceased (full legal name, date of death, probable heirs, and asset locations) in your petition to speed court processing.
- Expect the court to require formal service and notice—lack of proper notice can delay or undo a probate admission.
- If you anticipate disputes, consider mediation or an attorney early to reduce litigation delay and cost.