How long do I have to contest a will in Alaska?
Short answer: Under Alaska law, interested persons must act quickly. The most common deadline to challenge a will is a short, statutory period tied to formal notice of probate or administration. Missing that deadline can bar a contest. Because the exact deadline can depend on how and when you received notice and on the grounds for the challenge, you should check the statutes and consult an attorney right away.
Detailed answer — what you need to know
Who is an “interested person”?
An interested person generally includes anyone who would inherit under the will or under the laws of intestacy if there were no will (heirs), beneficiaries under the will, a personal representative, or creditors with a proper interest. If you are unsure whether you qualify as an interested person, talk with a probate attorney promptly.
Typical timing rules
Alaska probate is governed by Title 13 of the Alaska Statutes. Alaska follows procedures that create short time windows to object to probate or to file a will contest once probate or administration begins and interested persons receive formal notice.
In practice, many states that follow the modern probate rules set a limited period (often measured in months) after formal notice of probate or administration for interested persons to file objections or a will contest. If you are personally served with notice or receive formal written notice of an application for probate or of opening an estate, the time to object is limited. If you wait past that statutory period, you can be barred from contesting the will on most grounds.
Common grounds for contesting a will
- Lack of testamentary capacity (the signer did not understand what they were signing).
- Undue influence (someone pressured the testator into making the will).
- Fraud in execution or inducement.
- Improper execution (formalities required by law were not followed).
Special situations and later challenges
Certain challenges can be brought later in limited circumstances—for example, if there was fraud in procuring the probate process itself or if new evidence appears showing that the will was forged. Some equitable claims or claims against the executor may have different time limits. Statutes of limitations and equitable doctrines (like fraud or concealment tolling) can affect deadlines. Because these rules are technical, immediate legal advice is important.
How to find the exact Alaska statute
Alaska’s probate provisions are located in Title 13 of the Alaska Statutes. For the specific statutory language governing probate notices, objections, and contests, see the Alaska Statutes Title 13 (Probate) online: https://www.akleg.gov/basis/statutes.php?title=13
Practical steps if you think you want to contest a will
- Act quickly. Time limits can be short and strict.
- Preserve evidence: copies of the will, medical records, correspondence, and names of witnesses.
- Do not destroy or alter documents or communicate in ways that could be used against your claim.
- Contact a probate attorney experienced in Alaska estate litigation to evaluate deadlines and merits.
- If you receive formal notice of probate or administration, read it carefully and calendar any deadlines immediately.
Helpful hints
- Don’t rely on memory: if someone tells you there’s “plenty of time,” confirm the statutory deadline in writing or with an attorney.
- If you weren’t notified, ask the court clerk whether probate was opened and whether a personal representative was appointed. Lack of notice may affect your rights and deadlines.
- Some claims (for example, fraud in the procurement of probate) may allow later relief, but these claims are complex and fact-sensitive.
- Contact an attorney before initiating any steps that might waive your rights (for example, accepting distributions from the estate can sometimes limit objections).
- Find Alaska probate forms and basic information through the Alaska Court System or the Alaska Statutes site linked above.
Disclaimer: This article explains general information about contesting a will under Alaska law. It is not legal advice and does not create an attorney‑client relationship. Laws change and outcomes depend on the facts. For advice about your situation and the exact deadlines that apply to you, consult a qualified Alaska probate attorney immediately.