Alaska's Requirements For Creating a Valid Will

Here are the general requirements for creating a valid will in Alaska:

1. **Age and Capacity**: The testator (person making the will) must be at least 18 years old and of sound mind.

2. **Writing**: The will must be in writing. This can be handwritten, typed, or printed.

3. **Witnesses**: The will must be signed by at least two competent witnesses. These witnesses must see the testator sign the will or acknowledge the signature, and then they must sign the will themselves in the presence of the testator.

4. **Signature**: The testator must sign the will at the end. If the testator is unable to sign, someone else can sign on the testator's behalf, but this must be done in the testator's presence and at their direction.

5. **Holographic Wills**: Alaska recognizes holographic wills, which are wills that are written, dated, and signed in the testator's handwriting. These wills do not need to be witnessed if the material provisions and the signature are in the testator's handwriting.

6. **Self-Proving Affidavit**: While not required, Alaska allows for a will to be "self-proved." This means that a notarized statement signed by the testator and the witnesses can be attached to the will. This affidavit confirms that all the legal formalities for a valid will have been met. A self-proving will can expedite the probate process because the court can accept the will without contacting the witnesses.

7. **Revoking or Changing the Will**: A will can be revoked or changed by the testator at any time before their death, as long as they are of sound mind. This can be done by creating a new will, creating a codicil (an amendment to the will), or by physically destroying the will (e.g., burning, tearing, or otherwise mutilating it with the intent to revoke).

8. **Property Disposition**: Alaska allows for the creation of a separate list outside of the will to designate who receives certain items of tangible personal property. This list can be changed without having to amend the will, but it must be mentioned in the will and describe the items and beneficiaries with reasonable accuracy.

9. **Digital Assets**: It's a good idea to consider digital assets when creating a will. Alaska has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which allows individuals to plan for the management and disposition of their digital assets in the same way they can for their tangible property.

10. **Special Provisions for Non-Residents**: Non-residents can create a valid will in Alaska if the will is executed in compliance with Alaska's laws, the laws of the place where the will was executed, or the laws of the place where the testator was domiciled when the will was executed or at the time of death.

It's essential to consult with an attorney who is familiar with Alaska's estate planning laws when creating a will. This ensures that your wishes are accurately and legally documented and that your assets are distributed according to your intentions. Laws and regulations can change, so always check for the most up-to-date information or consult with a legal professional.