Alaska Will and Trust Laws: Witnesses, Holographic Wills (2026)

Under Alaska law, an attested will must be in writing, signed by the testator (or by another person in the testator's conscious presence and at the testator's direction), and signed by at least two witnesses, each within a reasonable time after witnessing the signing or the testator's acknowledgment (AS 13.12.502(a)). The same section accepts a holographic will, witnessed or not, if the signature and material portions are in the testator's handwriting (13.12.502(b)). Living trusts are governed by Alaska's trust chapter, AS 13.36.

No notary is required to make an Alaska will valid. Two features set Alaska apart from many states on the wills and trusts laws by state hub: a will can be saved as a holographic will when the witness rules are not met, and a trust whose principal place of administration is in Alaska must be registered with a court.

Information last verified on 2026-10-19. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Alaska statutes on making, signing, changing and revoking wills (AS 13.12, chiefly sections 13.12.501 to 13.12.530 and 13.12.804) and on revocable living trusts (AS 13.36). It does not cover what happens when someone dies without a will or how estate administration works (see Alaska probate), small-estate procedures (see the Alaska small estate affidavit page), powers of attorney (see Alaska power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the Alaska advance directive tool.

What makes a will valid in Alaska?

Capacity comes first: "An individual 18 or more years of age who is of sound mind may make a will" (AS 13.12.501). The form rule is in 13.12.502(a):

"(a) Except as provided in (b) of this section, AS 13.06.068, AS 13.12.506, and 13.12.513, a will must be (1) in writing; (2) signed by the testator or in the testator's name by another individual in the testator's conscious presence and by the testator's direction; and (3) signed by at least two individuals, each of whom signs within a reasonable time after the witness witnesses either the signing of the will as described in (2) of this subsection or the testator's acknowledgment of that signature or the will." (AS 13.12.502(a))

Three points follow from the text. A proxy signer must sign in the testator's "conscious presence" and by the testator's direction. Each witness signs "within a reasonable time" after witnessing, so the section does not require the witnesses to sign at the same sitting. And a witness may have seen either the signing itself or the testator's acknowledgment of the signature or of the will.

Who can be a witness

Under 13.12.505, "(a) An individual generally competent to be a witness may act as a witness to a will. (b) The signing of a will by an interested witness does not invalidate the will or a provision of it."

Wills signed in another state or country

Under 13.12.506, "a written will is valid if executed in compliance with AS 13.12.502 or if its execution complies with the law at the time of execution of the place where the will is executed or of the law of the place where, at the time of execution or at the time of death, the testator is domiciled, has a place of abode, or is a national." That section opens with "Except as provided by AS 13.06.068." Section 13.06.068(c) separately makes a will disposing of personal property, or of real property in Alaska, "formally valid and admissible to probate in this state if the will is in writing and signed by the testator and otherwise executed and attested to under the local law of (1) this state; (2) the jurisdiction where the will was executed at the time of execution; or (3) the jurisdiction where the testator was domiciled, either at the time of execution or at death."

Does an Alaska will need to be notarized? The self-proving affidavit

No notary appears in 13.12.502. A notary, or another officer authorized to administer oaths, is used for the optional self-proving procedure in 13.12.504:

• At signing. Under 13.12.504(a), "A will may be simultaneously executed, attested, and made self-proved, by acknowledgment of the will by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs and evidenced by the officer's certificate, under official seal."
• Later. Under 13.12.504(b), "An attested will may be made self-proved at any time after its execution by the acknowledgment of the will by the testator and the affidavits of the witnesses."
• The affidavit signatures count. Under 13.12.504(c), "A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will, if necessary to prove the will's due execution."

The certificate and affidavit wording is set out in 13.12.504 itself; this page does not reproduce it.

Holographic (handwritten) wills in Alaska

Alaska accepts handwritten wills in the same section as attested wills:

"(b) Except as provided in AS 13.06.068, a will that does not comply with (a) of this section is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting." (AS 13.12.502(b))

The section requires the signature and the "material portions" to be in the testator's handwriting. It does not list a date among the requirements, and witnesses are not needed. A document whose material portions are typed or printed does not qualify under 13.12.502(b), although it may still be valid as an attested will under 13.12.502(a).

Oral wills, electronic wills and remote witnessing

Section 13.12.502 requires an attested will to be "in writing" and a holographic will to have its signature and material portions in the testator's handwriting, so an oral (nuncupative) will does not meet either rule. Sections 13.12.501 to 13.12.530 contain no section on oral wills.

The same run of sections contains no provision for electronic wills, electronic signatures on wills, or witnessing a will by video. Each witness under 13.12.502(a)(3) must witness the signing or the acknowledgment and must sign the will.

A temporary COVID-19 law has expired. Section 25 of Enrolled SB 241 (chapter 10, SLA 2020), retroactive to March 11, 2020, provided that, "Notwithstanding AS 13.12.502," during the COVID-19 public health disaster emergency declared on March 11, 2020, as extended, "and for 10 days thereafter, a will may be signed or witnessed by videoconference by one or more of the witnesses required." Two conditions applied: the will had to contain a statement, under penalty of perjury, that the testator was in a group declared at higher risk for severe COVID-19 illness or had been advised that being in the physical presence of others may expose the testator or others to a COVID-19 health risk; and within 60 days each person who witnessed by videoconference had to sign and attach a further statement to the will or an exact facsimile. The 2020 act set the section's repeal for March 11, 2021. Enrolled HB 76 (chapter 2, SLA 2021) replaced that with repeal on the earlier of December 31, 2021, or the date the governor determined that the public health disaster emergency declared on January 15, 2021, no longer existed. On April 30, 2021, after the health commissioner certified that a disaster declaration was no longer needed, the governor proclaimed under chapter 2, SLA 2021 that the disaster declaration "shall end, effective immediately." The section is no longer in effect.

No harmless-error statute

Some states let a court admit a will with an execution defect if there is clear proof of intent. Alaska's will-execution sections go from 13.12.502 to 13.12.504; there is no 13.12.503, and no section in 13.12.501 to 13.12.530 gives a court that power. In Alaska, the holographic rule in 13.12.502(b) is the statutory path for a will that fails the witness rules.

Changing or revoking an Alaska will

Revocation by a later will or by a revocatory act

Under 13.12.507(a), a will or part of a will is revoked "(1) by executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or (2) by performing a revocatory act on the will, if the testator performed the act with the intent and for the purpose of revoking the will or part of the will or if another individual performed the act in the testator's conscious presence and by the testator's direction." A revocatory act "includes burning, tearing, canceling, obliterating, or destroying the will or any part of it."

A later will can revoke an earlier one without saying so. Under 13.12.507(c), "The testator is presumed to have intended a subsequent will to replace rather than supplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked."

Reviving an earlier will

Under 13.12.509(a), "If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under AS 13.12.507(a)(2), the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed."

Divorce: wills, trusts and beneficiary designations

Alaska uses one section, 13.12.804, for divorce's effect on both probate and nonprobate transfers:

"(a) Except as provided by the express terms of a governing instrument, a court order, or a contract relating to the division of the marital estate made between the divorced individuals before or after the marriage, divorce, or annulment, the divorce or annulment of a marriage (1) revokes a revocable (A) disposition or appointment of property made by a divorced individual to the divorced individual's former spouse in a governing instrument" (AS 13.12.804(a))

Because it works through any "governing instrument," the rule reaches a will, a revocable trust and a beneficiary designation, not just the will. Under 13.12.804(d), "Provisions revoked solely by this section are revived by the divorced individual's remarriage to the former spouse or by a nullification of the divorce or annulment." Under 13.12.804(j)(2), "a decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section." And under 13.12.804(e), "A change of circumstances other than as described in this section and in AS 13.12.803 does not effect a revocation," so marriage or the birth of a child does not revoke an Alaska will.

For employer plans governed by ERISA, the U.S. Supreme Court held in Egelhoff v. Egelhoff, 532 U.S. 141 (2001), that federal law pre-empts a state statute that revokes a spouse's beneficiary designation on divorce, as applied to those plans (see the wills and trusts hub for the federal layer).

Killing the decedent

Under 13.12.803(a), "An individual who feloniously kills the decedent forfeits all benefits under this chapter with respect to the decedent's estate, including an intestate share, an elective share, an omitted spouse's or child's share, a homestead allowance, exempt property, and a family allowance." Under 13.12.803(f), once appeals are exhausted, a judgment of conviction for the felonious killing "conclusively establishes the convicted individual as the decedent's killer for purposes of this section."

Limits on what an Alaska will can do

Spouse's elective share. Under 13.12.202(a), "The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in AS 13.12.201 - 13.12.214, to take an elective share amount equal to one-third of the augmented estate." If the amounts the statute counts toward the spouse total less than $50,000, 13.12.202(b) gives "a supplemental elective share amount equal to $50,000, minus the sum of" those amounts, and under 13.12.202(c) the homestead allowance, exempt property and family allowance "are not charged against but are in addition to the elective share and supplemental elective share amounts." Under 13.12.211(a), the petition is due "within nine months after the date of the decedent's death, or within six months after the probate of the decedent's will, whichever limitation expires later."

Spouse married after the will. Section 13.12.301(a) gives a surviving spouse who married the testator after the will a share of the estate, "unless (1) it appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse; (2) the will expresses the intention that it is to be effective notwithstanding a subsequent marriage; or (3) the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence."

Children born or adopted after the will. Section 13.12.302(a) sets out shares for an omitted child born or adopted after the will. Under 13.12.302(b), neither share applies if "(1) it appears from the will that the omission was intentional; or (2) the testator provided for the omitted after-born or after-adopted child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence."

The intestate shares these rules refer to are explained on the Alaska probate page.

A relative who dies first. Under 13.12.603(a), the anti-lapse rule applies when a devisee "fails to survive the testator and is a grandparent, a descendant of a grandparent, or a stepchild of either the testator or the donor of a power of appointment exercised by the testator's will"; if the gift is not a class gift and the deceased devisee leaves surviving descendants, "a substitute gift is created in the devisee's surviving descendants," subject to the section's exceptions.

No-contest clauses in wills. Under 13.12.517, "A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings." Trusts follow a different rule, covered below.

Contracts not to revoke. Under 13.12.514(a), a contract to make a will or devise, not to revoke one, or to die intestate, "if executed after January 1, 1997, may be established only by (1) provisions of a will stating material provisions of the contract; (2) an express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or (3) a writing signed by the decedent evidencing the contract."

A separate list for personal items. Under 13.12.513, "Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty."

Keeping and confirming a will

Court deposit. Under 13.12.515, "A will may be deposited by the testator or the testator's agent with a court for safekeeping, under rules of the court. During the testator's lifetime, the will must be kept confidential."

Delivering the will after death. Under 13.12.516, "on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate," or to an appropriate court if no such person is known. "A person who wilfully fails to deliver a will is liable to a person aggrieved for any damages that may be sustained by the failure."

Confirming validity during life. Alaska lets a will be tested before death. Under 13.12.530, "A testator, a person who is nominated in a will to serve as a personal representative, or, with the testator's consent, an interested party may petition the court to determine before the testator's death that the will is a valid will subject only to subsequent revocation or modification."

A similar procedure exists for trusts. Under 13.12.535, "If at least one of the trustees of a trust is a qualified person, the settlor or a trustee of the trust may petition the court to determine before the settlor's death that the trust is valid and enforceable under its terms, subject only to a subsequent revocation or modification of the trust." The petition must state, among other things, "that the trust is in writing and was signed by the settlor" (13.12.550(a)(2)).

Revocable living trusts in Alaska

The trust chapter and registration

Alaska's trust statutes are in AS 13.36. One duty in that chapter is unusual: under 13.36.005(a), "The trustee of a trust having its principal place of administration in this state shall register the trust in the court of this state at the principal place of administration." Under 13.36.020, a trustee who, "within 30 days after receipt of a written demand by a settlor or beneficiary of the trust, fails to register a trust" as required "is subject to removal under AS 13.36.076 and denial of compensation or to surcharge as the court may direct," and a trust provision purporting to excuse the trustee from registering "is ineffective."

Creating a trust

AS 13.36 does not prescribe will-style signing formalities, such as witnesses or a notary, for a lifetime trust. Alaska's statute of frauds separately provides that "an agreement to establish a trust" is unenforceable unless "it or some note or memorandum of it is in writing and subscribed by the party charged or by an agent of that party" (AS 09.25.010(a)(9)).

Revocable by default, with conditions

Section 13.36.338 sets the default:

"(a) Unless a trust is expressly made irrevocable, a trust executed on or after August 30, 2000 is revocable by the settlor. (b) Notwithstanding AS 13.36.035 - 13.36.050, this section applies only if the (1) settlor is domiciled in this state when the trust is created; (2) trust instrument is executed in this state; or (3) trust provides that the law of this state governs the trust." (AS 13.36.338)

The section does not state a default for a trust executed before August 30, 2000.

How to revoke or amend

Under 13.36.340(a), a revocable trust "may be modified or revoked in whole or in part by (1) substantial compliance with a method of modification or revocation provided in the trust instrument; or (2) a writing, other than a will, signed by the settlor and delivered to the trustee during the lifetime of the settlor, except that, if the trust instrument expressly makes the method of revocation provided in the trust instrument the exclusive method of revocation, the trust may not be revoked under this paragraph."

Two consequences follow from the words. A will is excluded from the second method. And under 13.36.340(c), "A revocable trust may not be modified or revoked by an attorney-in-fact under a power of attorney unless the modification or revocation is expressly permitted by the trust instrument." Powers of attorney generally are covered on the Alaska power of attorney laws page.

Trust penalty clauses

The trust rule on penalty clauses is the opposite of the will rule. Under 13.36.330, "A provision in an inter vivos or testamentary trust purporting to penalize a beneficiary by charging the beneficiary's interest in the trust, or to penalize the beneficiary in another manner, for instituting a proceeding to challenge the acts of the trustee or other fiduciary of a trust, or for instituting other proceedings relating to the trust, is enforceable even if probable cause exists for instituting the proceedings."

Keeping beneficiaries informed

Under 13.36.080(a), "The trustee shall keep the beneficiaries of the trust reasonably informed of the trust and its administration." Within 30 days after accepting the trust, the trustee must inform the current beneficiaries in writing "of the court in which the trust is registered and of the trustee's name and address" (13.36.080(a)(1)).

Creditors

Under 13.36.368(a), whether or not the trust has a spendthrift restriction, "(1) during the lifetime of the settlor of a revocable trust, the property of the trust is subject to claims of the settlor's creditors; and (2) except as otherwise provided in (b) of this section, after the death of the settlor of a trust that was revocable at the settlor's death, and subject to the settlor's right to direct the source from which claims may be paid, the property of the trust is subject to claims to the extent the settlor's estate is not adequate to satisfy the claims."

Certification of trust

A trustee can give a third party a certification of trust instead of the full instrument (13.36.079). The section backs that up with a penalty: under 13.36.079(h), "A person making a demand for the trust instrument in addition to a certification of trust or excerpts from the trust instrument is liable to the state for a civil penalty not to exceed $1,000, plus the actual damages associated with the demand for the trust instrument, if a court determines that the person did not act in good faith in demanding the trust instrument."

Contest deadline

AS 13.36 contains no section setting a deadline to contest the validity of a revocable trust after the settlor's death. This article does not address other limitation periods that may apply to such a claim.

Pour-over wills

A pour-over will leaves property to the trustee of a trust. Section 13.12.511 allows it, and under 13.12.511(b), "A devise under (a) of this section is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death." The limit is in 13.12.511(d): "Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse."

Alaska wills and trusts at a glance

Making a will in practice

The site's free Alaska will-maker tool can help draft a basic will. Whatever produces the document, signing must follow AS 13.12.502, and the self-proving procedure in 13.12.504 affects how the will is later proved. Complex estates, blended families, business interests or tax questions are reasons to consult a lawyer licensed in Alaska. The tool is not legal advice.

Related pages

• Wills and trusts laws by state
• Alaska probate
• Alaska small estate affidavit
• Alaska power of attorney laws

This article provides general legal information about Alaska law on wills and revocable trusts as of 2026-10-19. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Alaska or the Alaska court system.

Last updated: 2026-10-19.

Frequently Asked Questions

How many witnesses does a will need in Alaska?

An attested will needs at least two witnesses, each of whom signs within a reasonable time after witnessing the signing or the testator's acknowledgment (AS 13.12.502(a)). A holographic will under 13.12.502(b) needs no witnesses.

Is a handwritten will valid in Alaska?

Yes. Under AS 13.12.502(b), a will is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.

Does a will have to be notarized in Alaska?

No. Section 13.12.502 does not require a notary. A notary or other officer authorized to administer oaths is used to make a will self-proved under 13.12.504, at signing or later.

Are electronic wills allowed in Alaska?

Alaska's will sections, 13.12.501 to 13.12.530, contain no electronic-will or remote-witnessing provision. An attested will must be in writing and signed by two witnesses, and a holographic will must be in the testator's handwriting (13.12.502).

Does divorce revoke a will in Alaska?

Divorce or annulment revokes revocable gifts and appointments to the former spouse in a will or other governing instrument, unless the instrument, a court order or a property-division contract provides otherwise (AS 13.12.804); the rest of the will stands. Remarriage to the former spouse or nullification of the divorce revives the revoked provisions. A decree of separation that does not end the marriage is not a divorce for this rule, and federal law limits it for ERISA employer plans; see the divorce section.

Are no-contest clauses enforceable in Alaska?

In a will, a clause penalizing a contest is unenforceable if probable cause exists (AS 13.12.517). In a trust, a penalty clause covered by 13.36.330 is enforceable even if probable cause exists.

Is a living trust revocable in Alaska?

A trust executed on or after August 30, 2000 is revocable unless expressly made irrevocable, where 13.36.338(b) applies (settlor domiciled in Alaska, instrument signed in Alaska, or Alaska law chosen). The section does not state the rule for earlier trusts.

Can a will revoke a living trust in Alaska?

Not under the signed-writing method in AS 13.36.340(a)(2), which excludes a will. A revocable trust can be changed by substantial compliance with the trust's own method or by a signed writing, other than a will, delivered to the trustee during the settlor's lifetime.

Do Alaska trusts have to be registered?

AS 13.36.005 requires the trustee of a trust with its principal place of administration in Alaska to register it with the court there. A trustee who fails to register within 30 days after a written demand by a settlor or beneficiary faces removal, denial of compensation or surcharge (13.36.020).