Make a Alaska Last Will and Testament

Alaska State Last Will and Testament Laws

Definition of Will - AS 13.12.92(2)

Laws - Chapter 12 (Intestacy, Wills and Donative Transfers)

Witnesses - According to AS 13.5.302, two (2) witnesses must sign the will. Additionally, the state recommends that these two witnesses are not beneficiaries of the document.

A Sample Alaska Last Will and Testament with Examples of Each Step

Step 1 - Using your FormSwift Template, provide your name and your identified gender.

Step 2 - Specify the city and county where you live.

Step 3 - Specify your marital status:

• Single
• Married
• Divorced
• Engaged
• Widowed
• Separated

If you’re single, provide the name of your spouse.

Step 4 - Specify if you have any children, pets, property, or life insurance.

Step 5 - Provide the names of your children (if any), whether they are deceased or living, and whether or not they will be named as beneficiaries. In addition, provide the names of pets. Finally, provide information about any life insurance.

Step 6 - Specify the amount of money, the percentage of the property, or which assets you would like to leave each child. If you’d like to leave both specific assets as well as a percentage of property as an inheritance, list it.

Step 7 - Indicate whether or not you’d like to set up a trust for someone who is disabled or mentally ill and requires special care. This can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - Specify the age that you’d like your children to be before they start receiving benefits from their trust, as well as the portion that will be received. If the benefits will expire, enter what age the beneficiary will be when the benefits end.

Step 9 - Describe whether or not you wish for your body to be taken to a specific funeral home once you die. If so, provide the name and address of the funeral home.

Step 10 -  If you know where you would like the meal after the funeral service to be held, the type of meal you’d like served, or if you have specific burial arrangements you’d like honored, specify that information in this step.

Step 11 - Naming an Executor - An Executor is a person charged with administering your estate once you pass away. This can be a beneficiary or someone else that you trust, such as an attorney or a good friend. If an Executor is not named in your will, the court will appoint one. To appoint an Executor, list:

• Executor name
• Relationship with Testator

Additionally, state whether or not you would like to appoint an alternate Executor. If so, state their name and your relationship with them. Also, if there is someone you do not wish to act as Executor under any circumstances, state their name and relationship to you.

Step 12 - Appointing a Trustee - If your assets are already in a trust, you must appoint a Trustee who will be responsible for distributing the assets from the trust. Provide the following information:

• Name of the Trustee
• Relationship with you

Similar to excluding potential Executioners, if there is a person that you do not want to act as a Trustee under any circumstances, state the name and relationship this person has with you.

Step 13 - Digital Executor - A Digital Executor is someone charged with handling and distributing your digital assets. Digital assets include things such as trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and want to appoint a Digital Executor, provide the following information:

• Name of Digital Executor
• Relationship with you

Step 14 - Guardian for Minor Children - If you have minor children and want to appoint a guardian for them in the event you pass away while they are minors, provide the following information (as well as information about an alternate and a conservator):

• Name of Guardian
• Relationship you
• Name of Alternate Guardian
• Relationship with you
• Name of Conservator (if applicable)
• Relationship of Conservator (if applicable)

Step 15 - Appointing Additional Beneficiaries - If you wish to appoint additional beneficiaries, provide the following information:

• Beneficiary Name
• Beneficiary Relationship with you
• Beneficiary Inheritance
• Beneficiary Inheritance Percentage

Step 16 - Disinheritance - If you wish to disinherit a spouse, a child, or another beneficiary describe the following information:

• Disinherited’s Name
• Disinherited Individual’s Relationship with you

Step 17 - Witnesses - Provide the following information for each witness:

• Name
• Full Address (including city, state, and zip code)
• Telephone Number

In order for this document to be legal, it must be signed by you, plus two (2) witnesses who are not beneficiaries. In addition, the will must be notarized by a notary public when the signing takes place.

Why do you need an Alaska last will and testament form?

In Alaska, it is important to have a last will and testament for estate planning purposes. Any real estate, assets, personal property, pets, or dependents will be provided for and assets are dispersed based on a will. Under intestacy laws, a person’s assets and the fate of any dependents will be decided by the probate court if there is no will.

The benefits of having a will

According to Alaska law, a major benefit to having a valid will as a testator in place is that you can appoint an executor who will be responsible for carrying out your wishes.

• Without a legal executor, the courts will determine who will act as executor on your behalf which could impact your loved ones.
• In Alaska, you can also include charitable donations and trusts in your will.
• The document also allows you to appoint a legal guardian of your choosing for any minors that are under your care.
• Uniquely, Alaska also allows for pet trusts to be included in legal wills which includes pet guardianship.
• Alaska employs an informal probate process, so upon death, courts do not oversee the distribution of property unless requested to do so.

The costs of not having a will

Without an original will, according to Alaska laws, your surviving spouse, any descendants, and family members will automatically become executors of your estate by default. If you do not have a spouse or any descendants, your estate will go to your next of kin.

There are a few exceptions for distributing property in Alaska without a will, including any jointly owned property, an elective spousal share of assets, a homestead allowance of $27,000, and a limit of $10,000 in property to be distributed to a spouse or living descendants.