Disclaimer

This article is educational only and is not legal advice. If you face a real situation involving a missing or destroyed will, consult a licensed Alaska probate attorney promptly.

Detailed Answer — How Alaska treats a lost or destroyed will

If the original written will cannot be found because it was lost or destroyed, Alaska courts focus on two questions:

1. Did the testator (the person who made the will) revoke the will intentionally?
2. If not revoked, can the will’s contents be proved sufficiently to admit a copy or other evidence so the testator’s wishes are carried out?

Presumption of revocation when a will is destroyed

When the original will is destroyed or cannot be found and the testator had possession or access to the original shortly before it disappeared, Alaska courts generally presume the testator intended to revoke the will by the act that destroyed or removed it. That presumption can be rebutted if other evidence shows the testator did not intend revocation.

Admitting a lost or destroyed will to probate

Alaska allows probate of a will even if the original is missing, provided that the proponent can prove the will’s contents and that the testator did not revoke it. To do that you will typically need:

• A complete and reliable copy of the will (typed or photocopy).
• Witness testimony or sworn affidavits from people who saw the original will or who can attest to its contents and the circumstances of loss or destruction.
• Evidence showing the testator did not intend to revoke the will (for example, statements, letters, or contemporaneous conduct inconsistent with revocation).

The court will evaluate the evidence. If the court is satisfied that the original was lost or destroyed by accident or by someone other than the testator, or that the testator did not intend to revoke, it may admit a copy or allow proof of contents and distribute the estate according to the proved terms.

What if the court finds the will was revoked?

If the court accepts the presumption that the testator intentionally revoked the will (for example, by burning or tearing it), the will is treated as revoked and the estate will pass under a later valid will (if one exists) or by intestacy (Alaska’s default law for people who die without a valid will).

Where Alaska law is found

Alaska’s probate and wills rules are located in Title 13 of the Alaska Statutes (Probate, Trusts, and Protective Proceedings). For an overview of statutes on wills and probate, see the Alaska Legislature’s statutes page: Alaska Statutes, Title 13 (Wills & Probate). When you or a lawyer file, you will rely on these rules and the court’s local probate procedures.

Practical steps to take if the original will is missing

If you are the executor, beneficiary, family member, or a concerned party and the original will can’t be found, do the following quickly and methodically:

• Search thoroughly: check safes, safe-deposit boxes, attorney files, desk drawers, file cabinets, and places the testator kept important papers.
• Contact the attorney who prepared the will — they may have a copy or know where the original was kept.
• Ask witnesses (attesting witnesses, family, friends) for written statements or sworn affidavits about seeing the original will and about the testator’s state of mind.
• Preserve any physical evidence (burned paper fragments, torn pieces) and document how and when you learned the will was missing.
• Check for a later will or codicil. A later valid will controls, and its discovery can simplify the case.
• If you find only a copy, keep the copy safe and prepare affidavits from people who can swear it accurately reflects the original.
• File a petition with the probate court as soon as possible asking the court to admit the copy or to determine whether the will was revoked.

Time matters. Delays create gaps in memory and evidence and can make proof harder.

How the court decides — standards of proof

The probate court weighs the totality of the evidence. Courts expect clear, convincing, or otherwise persuasive proof that the missing document was the decedent’s will and that it was not revoked. The more corroborating evidence you can produce (attorney file copies, witness affidavits, the testator’s notes or emails), the stronger your case to admit a copy.

Consequences if you cannot prove the will

If you cannot overcome the presumption of revocation or cannot prove the will’s contents, the estate may be distributed under a later valid will or under Alaska’s intestacy rules in Title 13. That means close relatives (spouse, children, parents, siblings) may inherit according to statute rather than according to the missing will’s terms.

Helpful Hints

• Act fast: gather witnesses and documents immediately after discovering the will is missing.
• Get written affidavits from anyone who saw or handled the original will.
• Look for multiple copies: attorney drafts, photocopies, scanned versions, or emails that reference the will.
• Preserve physical evidence and document the chain of custody for any original fragments or related papers.
• Ask the attorney who drafted the will whether they keep a client copy or a digital file.
• Keep careful notes of when and how the will went missing and who had access to it; the court will use that timeline to assess intent.
• Consider hiring a probate attorney experienced with Alaska courts — they can prepare the necessary petitions and affidavits and navigate local procedures.
• Prepare for contested proceedings: interested heirs may file objections, and the court will resolve conflicting claims on evidence and testimony.