Detailed Answer
When someone passes away with a will in Alaska, probate begins by filing the will with the Superior Court in the county where the decedent lived. You must submit either the original will or a previously filed copy before the court can appoint a personal representative.
- Locate or Deposit the Original Will: If you hold the original will, keep it safe until filing. If someone already deposited the will for safekeeping prior to death, you can request it under AS 13.12.202 (see AS 13.12.202). The court clerk will retrieve the sealed envelope containing the original document.
- Obtain a Filed Copy from the Clerk: If the will is with the court, contact the Superior Court clerk’s office in the relevant borough or census area. Provide the decedent’s full name, date of death, and, if known, the probate docket number. Pay the standard copy fee (often $0.25 per page) to receive a certified copy.
- File the Will with Your Probate Petition: Under AS 13.12.605, your petition to admit the will to probate must be accompanied by the original will or the court-certified copy. The clerk will date-stamp and record the document as part of the court file.
- Using a Copy When the Original Is Lost: If you cannot find the original, Alaska law allows you to submit a copy plus an affidavit explaining your search and affirming that the will was duly executed and not revoked. A second witness affidavit may also be required under AS 13.12.630.
- Keep Certified Copies Handy: After the court admits the will, obtain additional certified copies for banks, title companies, and other institutions.
Helpful Hints
- Start probate within one year of death to protect estate assets.
- Check safe deposit boxes promptly under Alaska’s abandonment rules.
- Notify heirs and beneficiaries as required in AS 13.12.180.
- Confirm court hours and copy fees before you visit the clerk’s office.
- Consider consulting an attorney if the will’s validity could be challenged.
Disclaimer: This article provides general information under Alaska law and does not constitute legal advice. For guidance tailored to your situation, consult a qualified attorney.