Are you a resident of Alaska, and are you thinking about creating a will? The following are some factors to consider throughout the decision-making process. This article chews over how much it costs to write a legitimate will, the estate laws that regulate the will-making process, what happens when you die when you have a will vs when you don’t, and other tips for creating a valid will.
How Much Does it Cost to Write a Will in Alaska?
The average fee for a simple Will in Alaska ranges from $700 to $1,200. This cost varies at times depending on the intricacy of the estate, the attorney’s fees, and the testator’s execution method. Many individuals resort to creating their wills, frequently utilizing free online forms for creating a “do-it-yourself” will. On the same note, one can use an online will maker like Legalpen, which charges a minimum of $150 for basic services and escalates according to the services required.
Can I Write a Will Without a Lawyer in Alaska?
Yes. Alaska does not need you to engage an attorney to prepare your will. when you know what property you own and who you want to inherit, you are ready to draft a will. On the same token, you can employ the use of Legalpen an online platform to help you draft a valid will.
Is it Legal to Write Your Own Will in Alaska?
Yes, anyone who is of “sound mind” and at least eighteen years old in Alaska is eligible to make a legal will. For the sake of creating a will, being a “sound mind” is not an overly strict condition. It is not forbidden for someone to make a will during periods of incoherence or amnesia. The law now takes a common sense stance.
Does a Will in Alaska Need to Be Notarized?
No, you do not need to notarize a will in Alaska for it to be legal. Though you may make your will “self-proving” in Alaska, you’ll need to see a notary if you choose to do that. A self-proving will expedite the probate process by allowing the court to accept it without needing to speak with the signatories’ witnesses.
Do I Need a Lawyer to Make a Will in Alaska?
No, Alaska state law does not prescribe that you must engage the services of a lawyer when writing your Alaska will. However, seeing an estate planning attorney to draft your will is a smart decision. It is crucial to confirm that the Will reflects your intentions properly, is enforceable under Alaskan law, and works in your best interests.
Do I Need a Lawyer to File a Will in Alaska?
No, retaining legal counsel to file a will in Alaska is not legally necessary. However, because the probate procedure might be complicated, one could require legal assistance from an attorney.
Are Online Wills Legal in Alaska?
Yes, online wills are legal in Alaska provided that they meet the legal requirements stipulated by Alaska state laws. These include; the will must be in writing, it must be signed by the testator and witnessed by two individuals who are not beneficiaries. Consequently, it is advisable to hire an estate attorney depending on your estate’s complexity.
How to Include Digital Assets in an Alaska Will
To effectively manage your digital assets, you should start by making a list of all of your internet accounts, financial platforms, and other digital locations before you begin to manage your digital assets. Secondly, make a digital treasure map that outlines your preferences for how your digital assets should be managed or distributed, and designate a digital executor to help you through this unfamiliar territory.
Lastly, passwords should be safely stored, and updated regularly, and, for extra security, password management software should be used. This will guarantee that your digital executor has the keys to your digital kingdom and enable them to access your digital assets.
How to Disinherit Someone in an Alaska Will
The best course of action is to specifically mention in your will that a certain person is not receiving any of your possessions. When assets are distributed, shocks and animosity among heirs can be avoided by being clear about your intentions and the reasons behind your estate planning decisions.
How to Handle Debts and Liabilities in an Alaska Will?
When handling debts and liabilities in an Alaska will, you should start by outlining all of your obligations and debts, including credit card debt and mortgages. In addition to this, add a provision directing your executor on how to settle these debts and outline the payment schedule.
To guarantee that all debts are paid and to expedite the probate procedure, list your debtors and the amount you owe them. Similarly, it is advised to periodically examine and update your digital assets, particularly following major life events like marriage, divorce, or motherhood. This is to guarantee the best possible administration of your financial commitments.
How to Provide for Minor Children in an Alaska Will
In the event you want to provide for a minor child in your Alaska Will, you can choose a reliable person to be your child’s guardian in the event of your demise. Until the child reaches legal age, the court will manage the child’s share of the inheritance (18-21 years).
How to Store Your Alaska Will Safely?
Your will should be preserved in a form that allows the executor and beneficiaries to access it after your death. Your will can be stored at home in a lockbox or safe box. A safe box protects your will from fire, robbery, and floods. Moreover, if having your will at home makes you uncomfortable, you can store it at a lawyer’s office.
How to Contest a Will in Alaska?
When contesting a will in Alaska, you first have to make sure there are legitimate and acceptable grounds for doing so. The following consists of legal grounds for contesting a will in Alaska;
- Lack of testamentary intent: The individual did not intend to create a Will.
- Lack of capacity: The individual did not understand the type of property or who would typically be included in a Will.
- Undue influence: The individual was manipulated or intimidated into making a Will.
- Fraud: The individual was intentionally deceived about the document or the situation, leading to changes in their decision.
- Duress: The individual was threatened or forced into making a different Will.
- Mistake: The individual made a mistake, such as signing another person’s Will or believing someone was dead.
- Revocation: The individual canceled the Will or created a new one that canceled the old one.
- Execution: The person supporting the Will must prove that it was made properly.
After making sure that your grounds for contesting a Will in Alaska are legitimate, the probate court in the testator’s county is the first place to go if you want to challenge a will. You can get assistance from a court clerk to submit the required legal paperwork. According to New Mexico probate regulations, a person wishing to submit a will dispute must be deemed legitimate by the court if they have an interest in the decedent’s estate. This might include a beneficiary listed in an earlier or later will.
What are No-Contest Clauses in Alaska Wills?
No-contest clauses, often referred to as contest clauses, in terrorem clauses, anti-contest clauses, or forfeiture clauses, are provisions included in wills that require a devisee or legatee to agree not to question the terms of the will. These clauses provide that if a beneficiary challenges the validity of a will or any of its provisions, they will forfeit their inheritance or receive a reduced share of their portion of the estate. In Alaska, no-contest clauses are enforceable by law. However, their effectiveness depends on the specific circumstances of the case in question. For example, the court may consider factors like the reasonableness of the challenge and the intentions of the testator of the will.
What is the Major Difference Between Probate in Alaska and Vermont?
- Alaska provides a simpler probate process for smaller estates which can be conducted without formal court proceedings, whereas Vermont’s probate process is more formal and thus requires court proceedings even in cases of small estates.
- The probate process in Alaska is less time-consuming. However, this varies according to the complexity of the estate in question whereas Vermont’s probate process is more time-consuming due to the formal nature of the probate proceedings.
- Alaska has specific intestate succession laws that govern the distribution of assets in the event a person dies without having written a will whereas Vermont has intestate succession laws that govern intestate succession which is when an individual passes away without writing a will in Vermont. However, these laws differ from the ones in Alaska regarding how the distribution of assets for spouses and children is done.
How to handle foreign property in an Alaska Will
Should you have a foreign property and would want to include it in your Alaska will, you should first start by understanding the succession and probate laws of the foreign state in question; secondly, you should engage with a lawyer who is an expert on international estate planning and tax. In addition to this, you should then incorporate the foreign assets into your will and routinely update and assess your Wil or rather estate plan, especially after significant life events like marriage, divorce, or childbirth.
How to Make a Will for Same-Sex Couple in Alaska?
Drafting a will for a same-sex couple in Alaska involves a written and signed document witnessed by two individuals. Like with other marriages, this document must address potential inheritance, tax issues if there is any, guardianship in the event the couple has children who are still minors, asset descriptions, executor selection, and bequests.
How to Plan for Pet Care in Your Alaska Will
In the Alaskan state legislation, pet owners can establish a pet trust to guarantee the care of their animals in the case of the owner’s demise. The owner may designate the trustee and the individual who will take care of the animals. After the pet passes away, the trustee may donate any leftover assets to organizations or other people, but only if they are used for the trust’s stated purpose.
How to Handle a Business Succession in an Alaska Will?
When handling a business succession in your Alaska will, you should first start by determining your company’s legal structure; secondly, you should clearly outline your heirs and successors and the assets you want them to inherit. Thirdly, draft a will specifying all of the aforementioned information, and lastly, periodically review and update your succession plan especially following significant life events like marriage, divorce, or childbirth. Sticking to these steps will ensure that your wishes are followed in the event of your demise.
How to Handle Out-of-State Property in Alaska
Should you be an Alaskan resident, you can include out-of-state property in your will. When the testators pass away, Alaskan courts will consider their wills to be legitimate. The property is subject to supplementary probate in the estate in which it is placed after the validity of the will is established. Incorporating out-of-state property within a will can help avoid protracted and challenging ancillary probate procedures.
What is the Difference Between Holographic Wills and Statutory Wills in Alaska?
The difference between Holographic wills and Statutory wills in Alaska is that holographic wills are recognized as legitimate if the signature and material clauses are in the testator’s handwriting additionally this process does not require witnessing. Whereas there is no statutory will in Alaska. The state of Alaska gives the option of creating your own or hiring one. Many do-it-yourselfers take advantage of Alaskan law-compliant internet legal materials.
Meet the Author
Annie L – Distinguished linguist at LegalPen
Annie is a distinguished linguist at LegalPen, bringing a unique blend of legal expertise and linguistic precision to her work. She earned her Juris Doctor degree from Yale University in New Haven, Connecticut, attending on a prestigious Law Faculty Merit Scholarship. At Yale, Annie showcased her exceptional skills by serving as an editor on the Yale Law Review.
Upon graduating, Annie gained invaluable experience through a two-year appellate clerkship at a renowned law firm in Connecticut. During her time in law school, she honed her research and writing abilities as a research assistant and writer for various legal firms. Annie’s deep understanding of legal language and her attention to detail make her an invaluable asset to LegalPen.