Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When someone passes away in Alaska, you may need to determine whether they left a valid will or other estate planning documents. Alaska does not maintain a public will registry. However, you can follow these steps to verify the existence and validity of estate planning documents under Alaska law.
1. Search the Decedent’s Personal Records
Begin with the decedent’s home and personal files. Look for:
- Original signed wills or codicils.
- Trust agreements, powers of attorney, and advance health care directives.
- Safe deposit box keys or bank statements indicating box ownership.
2. Check with the Probate Court
Under Alaska Statutes Title 13, superior court clerks may accept wills for safekeeping. You can contact the clerk of the superior court in the judicial district where the decedent lived to ask if a will has been filed or deposited:
• Alaska Stat. 13.06.015 (Deposit of wills for safekeeping):
https://www.akleg.gov/basis/statutes.asp#13.06.015
3. Contact the Decedent’s Attorney or Financial Advisor
Many people execute wills and trusts through an attorney or estate planner. Reach out to any law firms, certified public accountants, or financial planners known to have worked with the decedent. They may hold original documents or know where those documents are stored.
4. Examine Safe Deposit Boxes
If the decedent rented a safe deposit box, banks keep a log of who is authorized to open it. Present a certified copy of the death certificate and letters testamentary or letters of administration from the probate court to gain access. The box may contain wills or supplements.
5. Review Digital Files and Emails
Search the decedent’s computer, cloud storage, and email accounts for scanned or electronic copies of estate planning documents. Some individuals store digital copies or share drafts via email.
6. Validate Execution Requirements
For a will to be valid in Alaska, it generally must meet execution rules under Alaska Stat. 13.12.200 and 13.12.205, which require:
- Written document signed by the testator.
- Two witnesses present at the same time who sign the will or acknowledge their signatures.
Helpful Hints
- Document every search effort, including whom you contacted and when.
- Obtain certified copies of any found wills before filing with the court.
- If no will surfaces, Alaska’s intestacy laws will govern inheritance (AS 13.12.355).
- Keep original documents in a secure location once identified.
- Consider hiring a probate attorney if you encounter multiple documents or conflicting instructions.