Alaska Will Contests | Settled Estate

An Alaska will contest happens only in formal probate in the Alaska Superior Court. The challenger files a petition in formal probate stating why they object to the will, or, if the will was already admitted to informal probate, a petition asking the court to change the case to formal probate. The Alaska Court System lists eight grounds, and either side may ask for a jury.

Every rule on this page comes from the Alaska Court System, read on 2026-09-28: its self-help pages on wills, formal probate, informal probate and probate background, its glossary, its probate forms, and the Alaska Probate Rules and Administrative Rules. Here is the limit you should know about first. The Alaska Statutes are published by the Legislature at akleg.gov, and that site refused our requests, so we could not read the contest sections of the probate code. This page cites an AS section only where a Court System form or rule prints it, and it says so plainly where the statute alone would answer the question.

This page explains the mechanism as general legal information. A contest is litigation, the Court System calls it "long, complicated and expensive", and it suggests talking to a lawyer before starting one. Whether an objection fits a particular family is a question for a licensed Alaska attorney. If the will has not reached court yet, informal versus formal probate explains the two routes a will can take, and what makes an Alaska will valid sets out the signing rules many objections argue about.

How an Alaska Will Contest Works

The Court System's wills page describes the process in a few sentences. This is a description of the mechanism, not a set of steps for any one family.

Settlement comes first. The Court System suggests working out difficulties with the personal representative and the other people named in the will before going to court.
The case moves to formal probate. A will can only be challenged in formal probate. With no case open, the challenger files a petition in formal probate stating the objection to the will. With the will already admitted informally, the petition asks the court to change the case to formal probate.
Notice goes out. The person asking for a hearing sends notice to the people the formal probate page lists, and publishes notice for unknown persons (details below).
The hearing. The court holds at least one hearing and listens to both sides.
Discovery, mediation and a possible jury. The parties can ask for discovery, take depositions, attend mediation, subpoena witnesses and present evidence to a judge or a jury.

The Court System's formal probate request form, P-320 (3/23), has a checkbox for exactly this situation. Section 3, "Need for Formal Probate", lets the filer state that "there is a dispute about the will" or "I want to change from informal probate to formal probate."

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Who Can Start a Contest

The formal probate page says any interested person can ask the court to open a formal probate or change an informal probate to a formal probate, and names the personal representative, a beneficiary, an heir, a spouse or a creditor as examples. The Court System's glossary defines an interested person as anyone with a legal interest in the estate, including heirs, devisees, children, spouses, creditors, claimants and those with the right to serve as a fiduciary.

The same page lists the situations that require formal probate. Four of them are will disputes:

Someone challenges the validity of the will.
Someone challenges the contents of the will.
The person who died made more than one will, and the last one does not cancel the earlier ones.
Someone seeks to set aside or stop an informal probate.

Two more come up alongside a contest: formal probate is required when the will is not self-proved, and when someone believes the person made a will but no one can find it.

The Grounds the Court System Lists

The wills page says that, generally, a challenger must prove one of these. The descriptions below follow the Court System's own.

Ground	What the Court System says it means
Lack of testamentary intent	The person did not intend the document to be a will, such as a letter with instructions to create a will.
Lack of capacity	The person did not understand how much and what type of property they owned, or who would normally be included in a will (close relatives), or could not understand that they were making a will.
Undue influence	The person was manipulated, deceived or intimidated into making the will, so they could not make a free choice about how their property should pass.
Fraud	Someone deceived the person on purpose about the document or about a situation, such as the death of a child, or forged pages of the will or the signature.
Duress	The person was forced or threatened into making the will.
Mistake	The person signed another person's will, assumed certain pages were in their will when they were not, or believed someone was dead who was not.
Revocation	The person did something to cancel the will, such as burning part of it, or made a new will that canceled the old one.
Execution	The will was not signed or witnessed correctly.

Capacity has a low bar in this description. A person who left out close relatives can still have had capacity, since the test the Court System states is whether they understood who would normally be included, "even if the person excluded their close relatives." An unequal or surprising will is not, by itself, a ground.

Who Proves What

The wills page splits the burden in two sentences.

For the listed grounds, the challenger proves them. "Generally, to challenge a Will, you must prove one of the following."
For execution, the will's supporter carries the weight. When the challenge is whether the will was signed or witnessed correctly, the Court System says the person who supports the will carries the final burden of proving it was made properly.

The same page lists what a person offering a will must show the court the maker did: signed voluntarily, was 18 or older, was of sound mind, and was not unfairly influenced by anyone or anything. A self-proving will, where the maker and both witnesses signed notarized sworn statements, "does not need to be 'proved' by other documents or testimony in court." If the will is not self-proving and someone disagrees that it met the conditions, the court takes evidence, and the Court System says a formal probate is probably needed.

The type of evidence depends on the ground. The Court System names sworn statements (affidavits), documents, handwriting samples, doctor reports, mental health reports and testimony in court.

The Deadline: What Is Published and What Is Not

Here is the honest answer. The Alaska Statutes set how long an interested person has to contest a will, and no Court System page or form we read states that period. We could not read the statute itself, because akleg.gov refused our requests on 2026-09-28. So this page gives no number. Figures circulating online disagree with one another, and a figure that does not cite the statute is not a reliable guide.

What the Court System does publish:

Three years to open an estate case. Forms P-315 and P-320 (both revised 3/23) warn: "Under Alaska law, you cannot open an estate case more than three years after the person died except in very limited circumstances," and they point to AS 13.16.040 for the exceptions. The informal and formal probate pages repeat the three-year rule.
After three years, formal probate keeps some options open. The formal probate page says that if no probate was opened in the three years, you can ask for a limited testacy proceeding in formal probate, where the court decides who inherits under the will, with notice and usually a hearing. It adds that after three years "it is a good idea to talk to a probate lawyer."
The informal-appointment wait. In informal probate the court will not appoint a personal representative until five days after the death for an Alaska resident, or 30 days for a non-resident unless an exception applies, according to the informal probate page.

Because the statutory period is not published by the Court System and deadlines of this kind are strict, the deadline that applies to a particular estate is a question for a licensed Alaska probate attorney, and it can run out before a family expects.

Hearing About the Probate in Time

A contest usually starts with finding out a case exists. Alaska has three notice tools.

Information to Heirs and Devisees. After an appointment, the personal representative sends form P-340 (11/17), printed with AS 13.16.360, to everyone named in the will and everyone who would inherit without one, within 30 days of appointment. It gives the date of death, the date of appointment and whether a bond was filed, and says the papers are on file with the court.

Notice of a formal hearing. The formal probate page says notice of the first hearing goes to anyone who filed a demand for notice, the spouse, the children, the heirs, the devisees, every personal representative named in the will, anyone serving as personal representative, and anyone with an equal or higher right to serve. AS 13.06.110, reproduced on form P-305 (9/96), requires mailing or personal delivery at least 14 days before the hearing. For people whose identity or address cannot be found, notice is published once a week for three consecutive weeks in a newspaper of general circulation in the judicial district, with the last publication at least 10 days before the hearing.

Demand for Notice. Anyone with a financial or property interest in the estate can file form P-305 at any time after the death. AS 13.16.070, printed on the form, says that after a demand is filed, no order or filing it covers "shall be made or accepted without notice" to the demandant. An order issued without that notice stays valid, but the person who obtained it may be liable for damage the missing notice caused. The form is a low-cost way for an interested person to receive notice of filings and hearings in the case.

Where to File and What It Costs

Probate cases are filed in the Superior Court for the judicial district where the person lived, the rule the Court System states on its probate background page. There is no separate probate court in Alaska. Probate estates are still paper cases: the Court System's eFile page says estates, wills and trusts cannot be filed through TrueFiling, and that probate "is planned to transition by the end of 2026."

Administrative Rule 9(b)(2)(A) charges $250 upon filing a trust or estate action. That fee applies if the challenger opens the formal probate. The rule text we read lists no separate line for an objection filed inside an existing case, so confirm with the clerk before filing. Form TF-920 asks the court to waive a fee for someone who cannot pay.

Jury Demands, Mediation and Settlement

Jury. The wills page says either side has the right to ask for a jury to decide whether the will is valid. Probate Rule 11 governs the demand "pursuant to AS 13.06.085." Civil Rules 38 and 39 apply, with a probate-specific deadline: the demand must be served no later than 20 days after service of the first pleading directed to a triable issue, or five days before the scheduled hearing, whichever is earlier. It must name the issues for the jury and the legal basis for a jury on them.

Mediation. Probate Rule 4.5 lets an interested person ask for mediation at any time after a Title 13 case is filed, and lets the court order it on its own motion whenever it determines that mediation may result in an equitable settlement. The court must consider any history of domestic violence between the parties first. Costs are split equally unless the court apportions them differently, and estate money pays for mediation only by court order or agreement of everyone affected. Each interested person may challenge a court-appointed mediator once. Mediation briefs are limited to five pages, go to the mediator at least three days ahead, and stay confidential. If mediation works, the parties file a stipulation with their agreement.

Other options. The same rule allows early neutral evaluation in place of mediation, and a settlement conference with a judge on a party's motion or the court's own.

No-Contest Clauses

The Court System answers this directly. A will can include a penalty clause, which usually says that anyone who challenges a gift or any part of the will takes nothing. "But if the judge finds there was probable cause to challenge the Will, the penalty clause will not apply." Under that description, a challenger the judge finds had probable cause generally keeps their gift, and one without it can lose the gift. Whether probable cause exists on a given set of facts is a question for an Alaska attorney, and a penalty clause raises the stakes of getting it wrong.

A Validity Hearing Under AS 13.12.530

The Probate Rules carry a note that matters for anyone planning around a future contest. Chapter 64 of the 2010 Session Laws of Alaska (SB 60), effective September 7, 2010, enacted AS 13.12.530 and 13.12.535, which provide for a hearing to determine the validity of a will or a trust, and AS 13.12.550, which sets special hearing and notice requirements for it. We could not read those sections, so this page does not describe who may ask for that hearing, when, or what it decides. Whether this procedure fits a particular estate plan is a question for a licensed Alaska estate planning attorney.

Problems That Look Like a Will Contest and Are Not

Two wills. The later will controls if it revokes the earlier ones. If it does not clearly say so, the wills page says formal probate is required so the judge can decide which controls. That is a formal proceeding, though not necessarily a fight.
A missing original. Anyone holding the original will must give it to an interested person who can open a probate. A holder who refuses can be personally responsible for damages, and an interested person can ask the court to order the release.
Divorce. The wills page says divorce automatically cancels gifts to the former spouse and the former spouse's relatives, and their appointments as personal representative, trustee or guardian. No contest is needed for that result.
A dispute over the personal representative. Objecting to an appointment or asking for court supervision is a formal probate matter too, but it attacks the administrator, not the will. See Alaska executor duties.
A spouse left out. A surviving spouse can claim an elective share, which the Court System describes as approximately one-third of the probate and nonprobate property, instead of attacking the will. See Alaska surviving spouse rights.
A trust. Property in a living trust does not pass through the will. Contesting a trust instead of a will is a separate question, and its statutory deadlines are among the sections we could not read.

If a contest succeeds and no other will stands, the estate passes under Alaska intestate succession. A contest also forces formal probate and adds at least one hearing, which is what a contest does to the timeline.

Frequently Asked Questions

How do you contest a will in Alaska?

The Alaska Court System says a will can only be challenged in formal probate. A challenger files a petition in formal probate telling the court why they object to the will. If the court already admitted the will to informal probate, the challenger's petition asks the court to change the case to formal probate. The court holds at least one hearing and listens to both sides.

What are the grounds to contest a will in Alaska?

The Court System's wills page lists eight: lack of testamentary intent, lack of capacity, undue influence, fraud (including forged pages or a forged signature), duress, mistake, revocation, and improper execution, meaning the will was not signed or witnessed correctly.

How long do you have to contest a will in Alaska?

The contest deadline is set by the Alaska Statutes, and no Court System page or form we read states it. The Legislature's statute site refused our requests, so this page does not give a number. What the Court System does publish is that an estate case generally cannot be opened more than three years after the death except in very limited circumstances under AS 13.16.040. Contest deadlines are strict, and the period that applies to a particular estate is a question for a licensed Alaska probate attorney.

Who has the burden of proof in an Alaska will contest?

The Court System's wills page says a challenger must generally prove one of the listed grounds. The exception is execution: when a challenge concerns whether the will was signed or witnessed correctly, the person who supports the will carries the final burden of proving it was made properly.

Can you get a jury in an Alaska will contest?

Yes. The Court System says either side has the right to ask for a jury trial and have a jury decide whether the will is valid. Probate Rule 11 requires the demand to be served no later than 20 days after service of the first pleading directed to a triable issue, or five days before the scheduled hearing, whichever is earlier, and to name the issues and the legal basis for a jury on them.

Do no-contest clauses work in Alaska?

Not always. The Court System says a penalty clause usually provides that anyone who challenges a gift or any part of the will takes nothing, but the clause will not apply if the judge finds there was probable cause to challenge the will.

Does a self-proving affidavit stop a will contest in Alaska?

No. A self-proving will does not need other documents or testimony to be proved in court, according to the Court System. The listed grounds such as capacity, undue influence, fraud and duress remain open to a challenger in formal probate.

Sources:

Title: Wills: Overview, Validity, Holographic, Challenges. Publisher: Alaska Court System. Publication Date: Not listed (accessed 2026-09-28). URL: https://courts.alaska.gov/shc/probate/wills.htm
Title: Formal Probate. Publisher: Alaska Court System. Publication Date: Not listed (accessed 2026-09-28). URL: https://courts.alaska.gov/shc/probate/formal.htm
Title: Informal Probate. Publisher: Alaska Court System. Publication Date: Not listed (accessed 2026-09-28). URL: https://courts.alaska.gov/shc/probate/informal.htm
Title: Background Information about Probate. Publisher: Alaska Court System. Publication Date: Not listed (accessed 2026-09-28). URL: https://courts.alaska.gov/shc/probate/background.htm
Title: Glossary of Probate Terms. Publisher: Alaska Court System. Publication Date: Not listed (accessed 2026-09-28). URL: https://courts.alaska.gov/shc/probate/glossary.htm
Title: Request to Start Formal Probate and Appoint a Personal Representative When There is a Will, Form P-320 (AS 13.16.140, .145, .150; three-year limit under AS 13.16.040). Publisher: Alaska Court System. Publication Date: Form revision 3/23 (accessed 2026-09-28). URL: https://public.courts.alaska.gov/web/forms/docs/p-320.pdf
Title: Request to Start Informal Probate and Appoint a Personal Representative When There is a Will, Form P-315 (AS 13.16.080, .105). Publisher: Alaska Court System. Publication Date: Form revision 3/23 (accessed 2026-09-28). URL: https://public.courts.alaska.gov/web/forms/docs/p-315.pdf
Title: Demand for Notice, Form P-305 (reproducing AS 13.16.070 and AS 13.06.110). Publisher: Alaska Court System. Publication Date: Form revision 9/96 (accessed 2026-09-28). URL: https://public.courts.alaska.gov/web/forms/docs/p-305.pdf
Title: Information to Heirs and Devisees, Form P-340 (AS 13.16.360). Publisher: Alaska Court System. Publication Date: Form revision 11/17 (accessed 2026-09-28). URL: https://public.courts.alaska.gov/web/forms/docs/p-340.pdf
Title: Alaska Rules of Probate Procedure, Rule 1 (note on chapter 64 of the 2010 Session Laws), Rule 4.5 (Mediation and Other Forms of Alternative Dispute Resolution) and Rule 11 (Jury Trial). Publisher: Alaska Court System. Publication Date: Not listed; Rule 4.5 last amended by SCO 1961, effective October 15, 2021 (accessed 2026-09-28). URL: https://courts.alaska.gov/rules/docs/prob.pdf
Title: Alaska Administrative Rules, Rule 9 (Fees), subsection (b)(2)(A). Publisher: Alaska Court System. Publication Date: Not listed (accessed 2026-09-28). URL: https://courts.alaska.gov/rules/docs/adm.pdf
Title: eFile / TrueFiling. Publisher: Alaska Court System. Publication Date: Not listed (accessed 2026-09-28). URL: https://courts.alaska.gov/efile/index.htm

It is not legal advice.