Alaska Will Requirements | Settled Estate

An Alaska will must be in writing, made by a person 18 or older and of sound mind, signed by that person, and signed by two witnesses within a reasonable time after they watch the signing or hear the person say the signature is theirs. The Alaska Court System lists those requirements on its self-help page on wills. A will written mainly in the person's own handwriting and signed by them is valid with no witnesses at all.

Every rule on this page comes from the Alaska Court System, read on 2026-09-28: its self-help pages on wills and planning, its glossary of probate terms, form P-100, the Probate Rules and Administrative Rule 9. Those pages are the court's own plain-language statements of Alaska law. They are not the statutes, so this guide cites a statute section only where a Court System form prints it.

Read this page as a map of the rules rather than a signing kit. It is general information about Alaska law and not advice about your estate. The Court System itself suggests an estate planning lawyer to prepare a will, and that suggestion carries the most weight when you own real property, have a blended family, or can already see a dispute coming.

A valid will does not keep an estate out of court. It names who inherits and who serves as personal representative, and the estate still moves through the Superior Court in the judicial district where the person lived, as described in the Alaska probate process. What happens without a valid will is set by the Alaska intestacy rules instead.

What Makes an Alaska Will Valid

The Court System's wills page says a will usually must be all of these things.

Written. Nothing oral qualifies.
Made by a person 18 years or older.
Made by a person of sound mind.
Signed by the person making the will.
Signed by two witnesses within a reasonable time after they watch the person sign, or after the person tells them the signature on the will is theirs.

Four details on the same page do most of the work.

The signature can be a mark. The person making the will can sign it any way they choose, even with a symbol, if they intend it as a signature. They can also ask someone else to sign for them, as long as that person signs physically close to the person making the will and the person is aware of the signing.

The person does not have to sign in front of the witnesses. The witnesses have two ways in. They can watch the signature happen, or the person can tell them afterward that the signature is theirs. The Court System adds that it is best if the person making the will is aware the witnesses are acknowledging it.

The witnesses have "a reasonable time" to sign. The page sets no fixed number of days. The safe habit is to have both witnesses sign right away, in the same room, while the person making the will watches.

A codicil follows the same rules. A codicil changes a will rather than replacing it, and the Court System says each codicil must meet the same requirements as the will: a signer 18 or older, of sound mind, and two witnesses.

Sound mind is where most will fights start. The Court System describes a lack of capacity as a person who did not understand what property they owned, who would normally be included in a will, or that they were making a will. Those grounds and the procedure for raising them are covered in challenging an Alaska will.

Who Can Witness an Alaska Will

The Court System's rule is broad. A witness can be anyone who is able to testify in court about what they saw, and a person can act as a witness even if they are related to the person making the will or receives a gift under it. Relationship and a gift do not disqualify a witness from an ordinary Alaska will.

That does not make a beneficiary the best choice. A will contest can turn on undue influence, which the Court System describes as manipulation, deception or intimidation that took away a free choice. Two witnesses who take nothing under the will leave no one to point at, so choosing them is sound planning, not a validity requirement.

Restricted Native property is the exception, and it is a hard rule. The Court System's page on steps to take before death explains that restricted property (Native allotments and townsite lots granted by the Secretary of the Interior) passes through a special federal Bureau of Indian Affairs probate, not the Alaska probate court. For that property, the will must be signed by two witnesses who are not related to the person and who receive nothing under the will. If the will misses any BIA requirement, the restricted property passes to the heirs under Alaska intestacy law instead. The same page notes that a will can be submitted to the Secretary of the Interior for approval before death.

Alaska Accepts Handwritten Wills

Yes. The Court System's glossary defines a holographic will as one in which the main parts are in the handwriting of the person who died and which that person signed. It does not need to be witnessed. The wills page makes the same point from the other direction: a will not signed by two witnesses may still be valid as a holographic will.

Two limits come with it.

The age and capacity rules still apply. The glossary says the person still must be 18 or older and of sound mind.

No witnesses means no self-proving affidavit. A self-proving will rests on sworn statements from the person and both witnesses, so a handwritten will signed alone cannot use one. In a contested case the family has to prove the handwriting some other way, usually through someone who knows it well.

Self-Proving Alaska Wills and the Notary

The Court System's list of what a will must be does not include a notary. A notary enters only through the self-proving affidavit.

Here is how it works, per the wills page. When a will goes to the probate court, someone has to prove the person signed it voluntarily, was 18 or older, was of sound mind, and was not unfairly influenced. A self-proving will is one where the person making the will and both witnesses make a sworn statement confirming the person met those requirements. The statements are usually attached to the will, and the affidavit and the will must be notarized. A will with these statements does not need to be proved by other documents or testimony in court.

Without the affidavit, probate takes more work. The Court System says you can file a sworn statement from a witness telling the court the requirements were met. If someone disagrees that the will was valid, the court takes evidence, and a witness testifying is one kind of evidence among others. When there is disagreement, the page says you probably need a formal probate.

A Separate List for Personal Items

A will can refer to a separate list that gives away tangible personal property. The Court System calls it a tangible personal property memorandum and uses it for photographs, antiques, heirlooms, vehicles, firearms, equipment, tools, art and furnishings. It cannot leave money or real property.

To be valid, the wills page says the memorandum must meet all four of these conditions.

The will must refer to the list.
The list must be signed.
The list must clearly describe the property.
The list must identify who receives each item.

The memorandum is looser than a will. You can write it before or after the will, type it or handwrite it, and change it whenever you like as long as you sign it each time. No one has to witness it. Sticky notes and tags taped to items do not qualify unless they meet all four conditions, and the list does nothing at all if there is no will that refers to it.

Changing or Canceling an Alaska Will

The Court System lists three ways to cancel a will, or part of one.

A new will says that it cancels the old one.
A new will conflicts with the old one.
The person does something to the will on purpose to cancel it, such as burning it or tearing it up.

When two valid wills exist, the later one controls if it cancels the earlier one. If the later will does not clearly say so, the wills page says the family has to use formal probate so a judge can decide which one controls.

Life events change a will without anyone touching it. The wills page covers four.

Divorce. It automatically cancels every gift to the former spouse and the former spouse's relatives, and every appointment of them as personal representative, trustee or guardian. To leave something to a former spouse, sign a new will or a codicil after the divorce.
Marriage after the will. Unless the will says otherwise or the omission was on purpose, a new spouse left out of an older will receives a share equal to their intestate share, not counting property the will gives to a child born before the marriage who is not the new spouse's child. The spouse can take the elective share instead if it is larger.
A child born or adopted after the will. That child receives a share unless the omission was obviously on purpose. If the person had no children when signing, the share equals an intestate share, unless the child's other parent inherits all or most of the estate under the will. If the person already had children, the later child's share is as equal as possible to theirs.
Leaving a spouse out on purpose. A will can do it, but the surviving spouse can still claim the elective share, which the Court System puts at about one-third of the probate and nonprobate property after counting what the spouse already receives outside the will, plus the homestead allowance, family allowance and exempt property. That is what a spouse can claim against the will.

Children can be left out of a will, but the Court System says they still receive allowances and exempt property from the estate unless they disclaim them.

Community property works differently. The glossary explains that spouses who hold property under the Alaska Community Property Act each own half of it, so if the couple signed a community property agreement or trust, a will reaches only the half that belonged to the person who died.

Where to Keep the Original

The original is what the court needs. The Court System warns that a personal representative can try to probate a copy of a lost will only through formal probate, and it may not work.

The wills page suggests three places for the original.

Deposit it with the Superior Court. File form P-100, Agreement and Receipt for Deposit of Will. The fee is $50 under Administrative Rule 9(b)(2)(B), and the Court System's filing fees page lists "Depositing a Will" at $50. The court assigns a case number ending in "WI". Its public CourtView system shows your name and the case number, but the will itself stays confidential while you are alive and goes only to you or to someone you authorize in writing.
Keep it with your lawyer if the office offers a vault service.
Keep it in a fireproof safe at home.

The Court System says never to store a will in a safe deposit box, because a court order may be needed to drill the box open if no surviving person has access to it.

Probate Rule 5 sets out what the deposit does. The agreement names the personal representative (and an alternate) who is to receive a copy of the will after death. The clerk assigns a number, keeps an alphabetical index of wills on deposit (Probate Rules 3(b) and 5(a)), and stores the wills in a locked fireproof cabinet or safe. When the court learns of the death, it mails a copy to the designated person, and the original becomes a public document. P-100 itself, whose footer cites Probate Rule 5 and AS 13.12.515, states two limits in plain words: depositing a will is not required by law, and the court's acceptance does not make any part of the will valid or stronger.

After the death, the wills page says, anyone holding the original must give it to an interested person who is able to open a probate. A holder who refuses can be personally responsible for damages, and an interested person can ask the court to order the will released. That is the first step in probating the will.

Assets a Regular Will May Not Reach

The Court System's planning page flags three kinds of Alaska property that need their own paperwork alongside the will.

Native (ANCSA) corporation stock. Fill in the "stock will" on the back of the stock certificate. Many Native corporations also have separate testamentary forms, and the issuing corporation can help.
Restricted property. Native allotments and townsite lots need a will that meets the BIA requirements described above.
Limited entry fishing permits. A permit can be left to only one person. If the will does not mention it, or there is no will, the permit goes to the spouse. The Court System suggests naming the recipient in the will, and it points to a separate designation form from the Commercial Fisheries Entry Commission.

A Penalty Clause Has Limits

A will can say that anyone who challenges it takes nothing. The Court System says that clause will not always work: if the judge finds there was probable cause to challenge the will, the penalty clause does not apply. A challenge happens only in formal probate, where either side can ask for a jury.

Electronic Wills

None of the Court System pages this guide relies on addresses electronic signing or remote witnessing, so this page takes no position on either. A will drafted on a computer, printed, signed in ink, and signed by two witnesses in the same room meets every requirement the Court System lists.

Signing an Alaska Will That Holds Up

A signing that tracks the Court System's rules looks like this.

Confirm the person making the will is 18 or older and of sound mind.
Put the will in writing and have the person sign it.
Bring in two adults who take nothing under the will and could testify later. Use unrelated, non-beneficiary witnesses without exception if the will covers restricted Native property.
Have the person sign in front of both witnesses, or tell both of them the signature is theirs.
Have both witnesses sign right away.
Add the self-proving affidavit, signed by the person and both witnesses in front of a notary, so the will does not need further proof in court.
If the will refers to a list of personal items, sign the list and keep it with the will.
Store the original safely, such as by depositing it with the Superior Court on form P-100 for $50, and tell the personal representative where it is.
Review the will after a divorce, a marriage or a new child.

A will governs what happens after a death, and it is one document among several. The other planning documents covers powers of attorney, health care directives and the property that passes outside a will entirely.

Frequently Asked Questions

How many witnesses does an Alaska will need?

Two. The Alaska Court System's wills page says a will must be signed by two witnesses within a reasonable time after they watch the person sign it, or after the person tells them the signature on the will is theirs. A handwritten (holographic) will needs no witnesses.

Can a relative or a beneficiary witness an Alaska will?

Yes. The Court System's wills page says a witness can be anyone able to testify in court about what they saw, and a person can act as a witness even if they are related to the person making the will or receive a gift under it. Wills for restricted Native allotments and townsite lots are different: the federal BIA process requires two witnesses who are unrelated and take nothing under the will.

Does an Alaska will have to be notarized?

The Court System's list of what a will must be does not include a notary. A notary enters only if you make the will self-proving: the person making the will and both witnesses sign sworn statements, and the Court System says the affidavit and the will must be notarized. A self-proving will does not need to be proved by other documents or testimony in court.

Is a handwritten will valid in Alaska?

Yes. The Court System's glossary defines a holographic will as one whose main parts are in the handwriting of the person who died and which that person signed. It does not need to be witnessed, and the person still must have been 18 or older and of sound mind.

Where can I keep my original Alaska will?

You can deposit it with the Superior Court for safekeeping using form P-100, Agreement and Receipt for Deposit of Will. The fee is $50 under Administrative Rule 9(b)(2)(B). The will stays confidential while you are alive and becomes a public record after death. The Court System warns against a safe deposit box, because a court order may be needed to drill it open.

Does divorce cancel gifts to a former spouse in an Alaska will?

Yes. The Court System's wills page says divorce automatically cancels all gifts to the former spouse and the former spouse's relatives, and all appointments of them as personal representative, trustee or guardian. To leave something to a former spouse, sign a new will or a codicil after the divorce.

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: 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: Practical Steps to Take Before Death. Publisher: Alaska Court System. Publication Date: Not listed (accessed 2026-09-28). URL: https://courts.alaska.gov/shc/probate/before-death.htm
Title: Agreement and Receipt for Deposit of Will, Form P-100 (AS 13.12.515; Probate Rule 5). Publisher: Alaska Court System. Publication Date: Form revision 4/18 (accessed 2026-09-28). URL: https://public.courts.alaska.gov/web/forms/docs/p-100.pdf
Title: Alaska Rules of Probate Procedure, Rule 3 (Probate Indices) and Rule 5 (Deposit of Wills for Safekeeping and Acceptance). Publisher: Alaska Court System. Publication Date: Not listed; Rule 5 last amended by SCO 1623, effective October 15, 2006 (accessed 2026-09-28). URL: https://courts.alaska.gov/rules/docs/prob.pdf
Title: Alaska Administrative Rules, Rule 9 (Fees), subsection (b)(2)(B), depositing a will. Publisher: Alaska Court System. Publication Date: Not listed (accessed 2026-09-28). URL: https://courts.alaska.gov/rules/docs/adm.pdf
Title: Filing Fees & Fee Waiver. Publisher: Alaska Court System. Publication Date: Fee schedule effective 5/1/2023 (accessed 2026-09-28). URL: https://courts.alaska.gov/shc/courtfees.htm

It is not legal advice.