State requirements
Making a will in Alaska
Alaska lists 2 witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. These are educational source notes, not a certification of an individual document. Verify the current official rules before signing.
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This is an AI-generated draft for review. It is not legal advice.
Witnesses
2 witnesses
Notarization
Optional (affidavit)
Holographic wills
Recognized
Self-proving affidavit
Available
Overview
Alaska adopted the Uniform Probate Code (UPC). Alaska recognizes holographic wills. Alaska is unique in allowing couples to opt-in to community property through community property trusts.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | AS § 13.12.501 | 18+ and of sound mind |
| Execution Requirements | AS § 13.12.502 | Written, signed, 2 witnesses |
| Holographic Wills | AS § 13.12.502 | Material portions handwritten |
| Self-Proving | AS § 13.12.504 | Available with affidavit |
| Elective Share | AS § 13.12.202 | Based on marriage length |
| Community Property Trust | AS § 34.77 | Opt-in community property |
Execution Requirements
ALASKA WILL REQUIREMENTS (UPC):
✓ In writing
✓ Signed by testator
✓ Signed by 2 or more witnesses within reasonable time
HOLOGRAPHIC WILLS:
✓ Material portions in testator's handwriting
✓ Signed by testator
✓ NO witnesses required
Opt-In Community Property
ALASKA COMMUNITY PROPERTY TRUST:
- Alaska allows opt-in community property
- Couples can create community property trust
- Provides step-up in basis for both halves at first death
- Does NOT automatically apply - must opt in
Elective Share
ALASKA ELECTIVE SHARE (UPC):
- Based on length of marriage
- Up to 50% of augmented estate for 15+ year marriages
- Includes probate and non-probate transfers
Alaska Tax Benefits
ALASKA TAX BENEFITS:
- NO state income tax
- NO state estate tax
- NO state inheritance tax
- Popular for asset protection trusts
Checklist for Alaska Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 witnesses signed within reasonable time
- •[ ] Self-proving affidavit completed
- •[ ] OR: Holographic will with material portions handwritten
- •[ ] Consider community property trust if married
Alaska will questions, answered
Can I make a will online in Alaska?
You can prepare wishes online, but the method of drafting alone does not establish validity. Check Alaska requirements, your circumstances and the currently supported drafting scope. Professional review is separate.
How many witnesses does a will need in Alaska?
Alaska requires 2 witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Alaska require a will to be notarized?
Notarization and witnessing serve different purposes. Check the rules for your particular Alaska document; neither action alone establishes validity. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Alaska?
Yes, Alaska recognizes holographic wills under specific conditions. They are riskier than witnessed wills — harder to probate and easier to contest — so a witnessed will remains the safer choice.
What makes a will legally valid in Alaska?
Alaska sets out what happens at signing: the will is in writing, the person making it is 18 or older and of sound mind, they sign it, and 2 witnesses who are not beneficiaries sign it as well. A notary is not part of that list — notarization belongs to the optional self-proving affidavit. Capacity and freedom from pressure matter as much as the formalities, and statutes change, so read the current Alaska source above and get local help for your circumstances. Note: Alaska allows opt-in community property through community property trusts.
Keep reading
All guides →Your Alaska wishes, thoughtfully prepared.
Start with your location and supported circumstances. A public guide does not mean generation is currently open. Professional review and signing remain separate steps.
Check drafting availabilityThis page is general information about Alaska law, not legal advice. Statutes change — verify current requirements or consult a licensed Alaska attorney for complex situations.