This document is provided by the Alaska Legal Services Corporation (ALSC), a
501(c)(3) private non-profit corporation that provides free civil legal assistance to lowincome Alaskans statewide. Donations to ALSC are tax deductible.
Nothing contained in this publication is to be considered as the rendering of legal advice for specific cases and readers are responsible for obtaining such advice from an attorney.
For information regarding many other legal topics, see www.alaskalawhelp.org
Printed January 2014

PREFACE............................................................................................................... PAGE 3
GLOSSARY ........................................................................................................... PAGE 4
INTRODUCTION ................................................................................................. PAGE 8
CHAPTER 1 - FREQUENTLY ASKED QUESTIONS ABOUT WILLS ..... PAGE 9
CHAPTER 2 - CONTENTS OF YOUR WILL .............................................. PAGE 15
CHAPTER 3 - SPECIAL ISSUES FOR ALASKANS ................................... PAGE 22
CHAPTER 4 - SPECIAL RIGHTS FOR FAMILY MEMBERS ................. PAGE 25
CHAPTER 5 - WHAT HAPPENS WHEN SOMEONE DIES ...................... PAGE 27
CHAPTER 6 - OTHER MATTERS ................................................................ PAGE 29
APPENDICES
A. WILL QUESTIONNAIRE ................................................................. PAGE 30
B. WHERE IT ALL GOES IF YOU DIE WITHOUT A WILL ......... PAGE 44
C. ALASKA SUPERIOR COURTS ....................................................... PAGE 46
D. BIA AREA OFFICES ......................................................................... PAGE 47
E. REGIONAL CORPORATIONS ....................................................... PAGE 48
F. ALASKA LEGAL SERVICES OFFICES ........................................ PAGE 49
G. SAMPLE WILL ……………………………………………………. PAGE 50
H. SELF-PROVING AFFIDAVITS …………………………………. PAGE 52
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This booklet is published by Alaska Legal Services Corporation’s Elder Law Project, which is funded by the State of Alaska’s Division of Senior and Disabilities Services. As with any area, the laws pertaining to Wills are subject to revision by the legislature. Therefore, you should not rely upon this booklet as the final authority on these matters. We strongly recommend that you have an attorney assist you in preparation of your Will. ALSC’s Elder Law Project provides free legal assistance in certain civil matters to persons who are 60 years of age or older.
Depending on availability of resources, your local ALSC office may be able to assist you with your Will. A list of all Alaska Legal Services Corporation offices is on page 49 of this booklet.
This booklet is not to be considered the only answer to all questions relating to Wills. It merely provides basic information to help you understand (1) what a Will can do for you, (2) what basic information is contained in a Will, (3) how to draft a simple Will, (4) some pitfalls that you should watch for, (5) some special issues in Alaska, and (5) whether you may want more estate planning. We have also included a glossary to help you understand some of the words used when talking about Wills and probate law. Remember, this is a very complex area of the law. If you have any questions you should consult an attorney who specializes in probate law.
Read the booklet all the way through. Then start filling out the questionnaire found in the back. If you have any questions or suggestions about this booklet, please contact your local
ALSC office or:
Elder Law Coordinator
Alaska Legal Services Corporation
1016 W. 6th Avenue, Suite 200
Anchorage, Alaska 99501
(907) 272-9431
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Affidavit
Allotment
Annulment
Attorney
Asset
Augmented Estate
Beneficiary
Bond
Bureau of Indian Affairs
Codicil
A statement that is sworn to and signed in front of a notary, postmaster, or other authorized person.
Land that was applied for by an Alaskan Native prior to
1971 through a program administered by the Department of the Interior. Title to the land is held in trust by the
United States Government, Bureau of Indian Affairs.
The legal process that voids a marriage. If a marriage is annulled, it is as though it never existed.
A person authorized to give legal advice and to practice before a court of law.
An item of value.
A legal term referring to all of the property you own at the time of your death. It does not include funeral and administration expenses, homestead allowance, family allowances, exempt property, and enforceable claims.
The augmented estate also includes money or assets that you transferred for the benefit of someone other than your spouse during the two years before your death, if
(1) the combined value of the money or assets was worth more than $10,000 in either of the two years preceding death, and (2) you got less than it was worth in return.
A person who receives a benefit or advantage. For example, a person you name to take your property in your Will. The person to whom your insurance policy is payable or the person for whom your property is held in trust.
Money posted by the Personal Representative as a guarantee to protect the estate. The larger the estate, the more money needs to be posted. The law requires that a bond be posted, unless it has been waived in the Will. If the Personal Representative is someone you know and trust, we generally recommend that people waive this requirement.
An agency of the federal government that administers the probate process for Native trust property, such as allotments and restricted townsite lots.
An addition or change to a Will.
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Creditor
Decedent
Disinheritance
Disinterested Witness
Dissolution
Divorce
Elective Share
Estate
Executor/Executrix
Exempt Property
Family Allowance
Fiduciary
Heir
Homestead Exemption
A person or business to whom you owe money.
A person who has died.
The act of depriving a child or other relative of the right to share in your estate. Intentionally leaving someone out of your Will.
A witness who does not receive anything from you after your death. A person who is not mentioned in your Will.
The legal process that ends a marriage by agreement of the parties, as opposed to a contested action, which is called a divorce.
The legal process that ends a marriage through a contested court action.
The part of your estate that your spouse may choose if you have left him or her nothing or if he or she does not like what you have left in your Will. It amounts to onethird of your augmented estate.
All of your property, money, and other assets owned by you at the time of your death.
The person in charge of handling your affairs after your death. Also called a Personal Representative.
Personal property of the deceased valued up to $10,000 to which a surviving spouse is entitled. If there is no surviving spouse, then surviving offspring are entitled jointly to the same value. This will include household goods, motor vehicles, personal effects, or other property. This amount will not be taken from items or gifts specifically mentioned in your Will if money or other general assets are available.
An amount of up to $18,000 that a surviving spouse and/or minor children can claim during the first year after your death if your estate is tied up in court. If more than $18,000 is necessary and available, the court may provide more.
A person who has the duty to act for another's benefit.
A person who would receive your property after you die according to the laws of intestacy.
An allowance of up to $27,000 from your estate to which your spouse (or dependent or minor children) is entitled.
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Intestate
Invalid
Issue
Limited Entry Permit
Living Will
Living Trust
Native Townsite Lots
Notary
Personal Property
Personal Representative
Postmaster
Power of Attorney
Probate
To die without a Will. If you die without a Will, your property will be distributed according to the laws of intestacy, which generally result in your property going first to your spouse and then to your children.
Having no legal effect.
A legal term referring to your descendants.
A state-issued license that permits an individual to engage in a specific type of commercial fishing in a specific fishery. A person may not fish commercially without a limited entry permit in fisheries subject to the limited entry system.
This is a document that is signed by a competent person who is at least 18 years of age. It directs which life sustaining procedures are withheld or withdrawn when a person's condition is determined to be terminal. It is used when the person is not able to make his or her own decisions regarding treatment. The Alaska Advance
Health Care Directive incorporates language frequently found in a living will. A living will has no impact on how your property is handled after your death.
A financial planning device to avoid probate for people with very large estates.
Certain lands that are within a recognized Native townsite and owned by an Alaska Native in trust. Any proposed sale of this property must be approved by the
Bureau of Indian Affairs. The deed is "restricted."
A public officer whose signature and stamp verify your signature.
Generally, all property that is moveable, that is not real property.
The person responsible for handling your affairs after your death. This person used to be called the executor or executrix.
A public officer who may serve as a notary in villages where no notary is present.
A legal document that empowers another person to make decisions for you and act on your behalf. The moment you die, the power of attorney you gave to someone is no longer valid.
The process of determining whether your Will is valid.
Also, the entire process of distributing your estate after your death.
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Probate Court
Real Property
Revoke
Self-Proving Clause
Self-Proving Will
Tenancy by The Entirety
Tenancy in Common
Testator/Testatrix
Title
Trust
Trustee
Trust Property
Stock
Valid
Will
Witness
The court of law that has authority to determine whether or not your Will is valid and to oversee the probate process.
Land and any buildings on it.
To take back or make invalid.
A statement added to your Will that helps prove that the signatures are valid.
A Will in which at least two witnesses took an oath, included in the Will, at the time the Will was signed, and in which both the witnesses' and the decedent's signatures were notarized by a qualified notary public.
A husband and wife holding title to real property hold it as tenants by the entirety. Upon the death of either spouse, the surviving spouse takes title to the exclusion of all other heirs.
People who are not married to each other can only hold real property as Tenants in Common. People in this situation must use a Will to transfer their share of the property to the other person.
The individual who signs a Will prepared for him or her.
Evidence of ownership. A document that proves that you own land, a motor vehicle, or other property.
An arrangement where ownership of real or personal property is given to one person to be taken care of for the benefit of another person.
A person who is responsible or holds title to property for the benefit of another for a certain period of time.
Property claimed and used by Alaska Natives but held in trust by the United States government. Also, any property in a trust (held by one person for the benefit of another person or persons).
Your share of ownership in a company or corporation.
Legally effective.
A document that specifies who is to receive your property after your death.
A person who watches you sign your Will, and signs it to show that he or she watched you.
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A Will tells people how you want your property distributed after you die. A valid Will provides assurance that your property will go to the people you choose. Putting your affairs in order today will provide peace of mind now and in the future. Your way of life is often a result of certain rules and traditions developed over many years. Although traditions are important, today you need a written Will to provide for the well-being of those you care about after you are gone.
This booklet has been written to provide basic information on Wills and probate law.
Many people who contact our office assume that if they die without a Will, their property goes to the State. This rarely happens. Since most people die without a Will, the State of
Alaska has a plan as to how your property will be divided if you die without a Will. These rules are called the rules of intestacy (See Appendix B). Usually, this plan is pretty close to what most people would want to happen. For instance, if you are married, your surviving spouse would receive most of your estate. If there is no surviving spouse, the property is divided equally between any surviving children. However, in order to make sure your intentions are met, you should take it upon yourself to have a Will prepared to avoid problems.
All of the information contained in this booklet can be found in the Alaska State
Statutes. The statutes are the laws governing our state. If you want to read the statutes for yourself, you can visit your local library, courthouse, or find them on the internet .
The laws about
Wills can be found in Title 13. However, you should remember that this is a very complex area of law and you should not try to interpret the meaning of the statutes on your own. If you have questions, please consult with a lawyer.
We strongly recommend that you have an attorney help you write your Will. The average fee for a simple Will ranges from $$500 - $1,000. If no attorney is available, you can write your own Will. You should have an attorney look over what you have written if possible.
The Alaska Bar Association's Lawyer Referral Service can provide names of lawyers who will look over your Will for approximately $125 for the first 30 minutes.
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What Is a Testamentary Will?
A testamentary Will (commonly referred to simply as a Will) is a written legal document that specifies who you wish to receive your property after your death. It does not transfer property during your lifetime and is only effective after your death. Other documents, such as a Power of
Attorney or a Living Will, operate during your lifetime. Please refer to Chapter 6 to learn more about these documents that help to arrange your affairs while you are alive.
Why Do You Need a Will?
Promises or wishes regarding your property that you have expressed orally during your lifetime have no legal effect after you have died. In order for your wishes to be carried out, they must be written down in a Will. By naming a “personal representative” (also called an executor), you can be sure that there is someone to handle your affairs.
If you die without a Will and nobody knows where your valuable property is, your property can be lost and any special gift you wanted to make to family members, friends, or charities will not be honored. When there is no Will, the court will divide your estate property between your heirs according to the laws of intestacy, which frequently means that your property will be distributed to your spouse and children. If you have neither a spouse nor children, your property will go to other close relatives according to law. If you have no heirs, your property will go to the State of Alaska. Turn to Appendix B, page 44 for a description of where property goes when a person dies without a Will.
In addition to specifying how your property will be distributed, your Will can nominate a person to serve as the personal representative of your estate or the guardian for your children should you die before they reach age 18 and the other parent is unable or unwilling to care for
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them. Your Will is also the appropriate place to direct how you wish your final remains to be handled (i.e. cremation or burial) and whether you wish any special religious or traditional services.
Who Can Make a Will?
In Alaska, anyone who is 18 years or older and of “sound mind” may make a valid Will.
Being of “sound mind” for the purposes of making a Will is not an overly stringent standard. Moments of forgetfulness or confusion do not prohibit someone from making a Will.
The law has developed a common sense approach. To be of sound mind to make a Will, you must:
 know that you are making a Will and what a Will is;
 understand the relationship between yourself and the persons who would normally be provided for in the Will such as your spouse or children;
 understand what property you own; and
 be able to decide how to distribute your property.
What Are The Legal Requirements of a Will?
There are five basic rules that you need to comply with in order for your Will to be legally sufficient. Your Will must be:
1. In writing (typewritten, computer-printed, or handwritten);
2. Signed by you voluntarily or, if you physically cannot sign, someone else may sign your name so long as he or she signs in your conscious presence and by your direction;
3.
4.
Signed when you are of sound mind;
Signed when you are at least 18 years of age;
5. Signed by at least two witnesses (unless it is a handwritten Will – see below).
You may be surprised to learn that it is not a legal requirement to have your Will notarized. However, we recommend that you use a notary whenever possible because it can
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simplify the court proceedings after you die. See page 19 in the next section for a more detailed discussion of signing, witnessing, and notarizing.
Are Handwritten Wills Legal in Alaska?
In Alaska, a handwritten Will, also called a holographic Will, can be valid and enforceable. Except with respect to the witness requirement, the same rules apply to handwritten
Wills as apply to typed Wills. In other words, all of the advice in this book applies equally to both typed and handwritten Wills. The only difference between handwritten and typed Wills is if your Will is handwritten, it does not have to be signed by witnesses in order to be valid.
Anybody who is at least 18 years old (21 if there is a BIA trust property) and of sound mind may make a handwritten Will. However, there are a few things to keep in mind:
1.
The entire Will must be in your own handwriting;
2.
Start with your name, age, residence (city, town or village), and a statement that you are of sound mind and under no undue influence or threats;
3.
Use clear, simple sentences;
4.
Use the Will Questionnaire to help you remember everyone and everything you want to include in your Will;
5.
Write down what you want done with your property after your death;
6.
Name a personal representative and indicate whether he or she has to post bond;
7.
Sign it and date the paper at the end of your Will;
8.
If you make a mistake do not cross anything out or squeeze words in. Instead, start over and write it again correctly from beginning to end;
9.
If you want to change your Will, write a whole new Will the same way and destroy the old one.
Once you have written your Will, it is a good idea to have an attorney read it to make sure it will accomplish what you want it to do.
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What Should I Do With My Will Once It Is Properly Signed?
You may make as many copies of your Will as you want, but the original Will is what counts. Remember though, if you make too many copies, it might confuse people if you were to write a new Will. The version with the original signatures should be kept in a safe, fireproof place where it can be easily found.
For a fee (currently $40), you can deposit your Will with the Alaska Court System. If you are an Alaska Native, you may also check with your Alaska Native Regional Corporation to see if it offers this service. If you deposit your Will at the courthouse, the fee is good for your lifetime and if you change your Will, you may deposit the new Will at no additional cost. The court system has an agreement you must sign to deposit your Will and you will receive a receipt.
The Will shall be kept confidential during your lifetime. Even a handwritten Will can be deposited with the court system or regional corporation.
Does My Will Expire?
No. Your Will remains in effect until you change it or destroy it.
Can I Change My Will?
Yes, you can change your Will at any time that you think it is appropriate to do so. In fact, it is probably a good idea to change your Will when your family or circumstances change, if you move to a new state, or if the person you named as personal representative is no longer available to serve. If you get divorced, have your marriage dissolved or annulled, your former spouse is automatically left out of any Will that you wrote before the marriage ended. If you want to leave anything to a former spouse, you must write a new Will after the divorce, dissolution, or annulment is final.
Under no circumstances should you make “notes” on your current Will in an effort to clarify what you mean, or to add “a little something.” Such notes could be construed by the court to mean that you revoked the Will and that all provisions therein are invalid.
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There are two ways to properly change your Will: 1) add a codicil, or 2) make a new
Will. If your Will is very lengthy and you only want to change a part or add a new provision, you may make a codicil. A codicil looks like a Will and is used to change small parts of your Will.
The codicil must be signed and witnessed in the same way as your original Will. Because of the technical requirements in this area of law, it is easy to make a mistake when making a codicil.
An attorney should be consulted. Generally, we recommend that if you want to change your Will, it is easier and wiser to simply revoke your old Will and make a new one. This avoids confusion.
How Do I Revoke My Will?
You can revoke your Will by destroying the original document or by making a new
Will. Generally, when you make a new Will, your previous Will is no longer valid. However, if you have mentioned a specific item in your first Will and fail to mention it in the next one, the original gift still might be allowed. Therefore, it is strongly advised that you not only expressly revoke any prior Wills or codicils when drafting your new Will, but also destroy any prior Wills.
Also, remember that you could accidently revoke your Will if you make notes on it. NEVER makes notes on your Will!
What Happens If I Revoke My Will And Do Not Make a New One?
If you revoke your Will and do not make a new Will before you die, your estate will be handled according to the laws of intestacy. For a detailed discussion of the laws of intestacy, see
Appendix B page 44. This situation would obviously be very stressful for your family and loved ones and is another reason why you should be sure to have a valid, up-to-date Will.
Summary
1.
A Will is a written document that takes effect only after you die.
2.
It specifies how your property should be distributed upon your death.
3.
It can name a personal representative that you trust will carry out the terms of your
Will.
4.
It can nominate a guardian for your minor children.
5.
It can express your preferences as to how your final remains should be handled.
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6.
A Will protects your rights and your choices.
If you are using this booklet to write your own Will, turn to page 30 and the section marked "Appendix A – ALSC Will Questionnaire." There you will find a place to write down important information about yourself and members of your family. This will help you keep track of everyone and will help you or your attorney prepare your Will. Take time to think about what you own, where it is located, and who you want it to go to after you die. Make a list of these things.
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Every Will, whether a two page simple Will or a fifty page complex Will, is generally comprised of nine sections: 1) an introduction, identifying whose Will it is; 2) a section revoking all prior Wills; 3) a section naming family members; 4) a section bequeathing (giving) specific gifts to specific people; 5) a residue clause that disposes of all property not specifically mentioned in the Will; 6) a section naming a personal representative (also called the executor) who is responsible for carrying out your wishes, as well as a declaration as to whether you will require this person to post a bond; 7) a section nominating a guardian for minor children; 8) a section directing the handling of your final remains; and 9) the final signature, witnessing, and attestation clauses. If you turn to the Will Questionnaire beginning on page 30, you will see that the questions are organized to mirror this structure. Please note, completing the Will
Questionnaire is not the same as making a Will. A completed questionnaire cannot substitute for an actual Will. For a Will to be valid, it must be prepared and witnessed according to strict legal requirements. Let us review each section and why it is important.
The Introduction
The introduction to a Will identifies who is writing the Will. It should state your full name, birthday, and the town where you are now living.
The Revocation Section
As time goes by, our lives change. It is not uncommon for people to write several Wills in their lifetime. Therefore, it is essential to make it very clear that you are revoking any previous
Wills and that this Will expresses all of your wishes as to how you want your property divided after you die.
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Your Family
This section is very important to ensure that your Will is honored as written. The court wants to know who your family is, so that no one can suggest that you overlooked someone in the gift section. If you want to “disinherit” someone, you can do so. We will talk about that later.
What is important is that the court knows that at the time you signed your Will, you knew who your family was, and that your gifts were intentional. Also, because there are laws that guarantee your spouse a share of your property no matter what the Will might say, it is important to identify all marriages and, if applicable, how and when they ended. Another reason it is important to fully identify your family is that, as discussed earlier, being able to identify your family members is one of the factors used to establish whether you were of sound mind when you signed your Will.
Thus, you should identify every person to whom you have been married, and if that marriage has ended, how and when the marriage ended. You should also identify your children, their birthdays, where they live (if you know), and whether they are natural, adopted, or stepchildren.
Specific Gifts
The specific gift section is where you leave specific items to a specific person. This section can include such small items as jewelry, mementos, or family heirlooms; or larger items such as boats and land. However, in planning specific gifts, you need to consider a few issues.
The first issue to consider is whether you can even leave the gift in your Will.
Surprisingly, much of the property that people own does not pass by the terms of their Will, but rather by the terms of how it is titled. For instance, if another person’s name is on the title, the property will pass to him or her automatically if you were joint tenants (i.e. when the names on the title are joined by an “and” or an “or”). In Alaska, if both spouses are listed on the title, they hold title to their home as tenants-by-the-entirety, which means the surviving spouse automatically gets title to the home. In other words, if the title is held jointly by a husband and wife, a spouse cannot leave the home to a daughter if the surviving spouse is alive.
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As another example, you may have a number of assets controlled by contract terms, such as life insurance, pension plans, IRAs, 401(k), brokerage accounts, certain bank accounts, and property controlled by a partnership. This sort of property will pass according to the terms of the contract governing the property. Thus, you cannot direct who will receive the proceeds of your life insurance through your Will. Rather, you must name a beneficiary directly through the insurance company, usually by completing a specific form for that purpose. These issues can be confusing and you may wish to seek legal advice in order to make sure you understand how you can give your property away.
The second issue to consider when making specific gifts is that any debt on property passes with the property. For example, if you leave your boat to your son, you are also making him responsible for any money still owing on the boat.
Yet another issue you may wish to consider is that by leaving a specific item to an individual, you may inadvertently be leaving more of the total value of your estate to one individual than you intended. For instance, if your estate consists of a $50,000 boat and a $2,000 bank account, and you leave the boat to one individual, there won’t be much else left in the estate to distribute. If you leave a specific dollar amount to someone, make sure the money will be available. Otherwise, the personal representative may need to sell a particular item in the estate
(such as the family cabin on a lake) in order to pay the specific cash gift.
Leaving Someone Out
When you intentionally leave someone out of your Will, you "disinherit" them. You can disinherit any member of your family except your spouse. Your spouse will have the right to chose what is called an “elective share”, plus a homestead allowance, an exempt personal property allowance, and a family allowance. For more discussion on these topics, see Chapter 4.
You should mention every member of your immediate family in your Will, whether or not you wish to leave them anything. For example, you can say, "I give my love and affection to my son, John." Or you could say, "I intentionally do not leave anything to my son, John." If you
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fail to mention a family member, a court may decide that you left them out by mistake. Then that family member could receive a part of your estate as though you had no Will. See Appendix B to find out who will receive your property if you die without a Will.
Except for the elective share, homestead allowance, exempt property, and the family allowance, there is no law requiring you to leave your property to people in your family. Your
Will reflects your own wishes. It is also a private document and you are not required to tell anyone or show anyone what is in your Will. Likewise, nobody else is required to tell or show you what is in his or her Will.
The Residue Clause
Every Will should have a residue clause. It guarantees that all of your property is effectively disposed of by your Will. Your residuary estate (residue) consists of all property subject to your Will that is not left by specific gifts. It includes any property you may have overlooked when making your Will, as well as property that you acquire after making your Will.
As it turns out, this is usually the part of the Will that gives away most of a person’s estate. For instance, you might make a few specific gifts of some personal items, and choose to leave the rest of your property to be divided equally between your children. The residue clause is where you would leave the rest of your property to be divided equally between your children.
Naming a Personal Representative
The personal representative (also known as the executor) is the person who administers your estate. This is the person who will handle your business and put your affairs in order after you die. From your estate, he or she will pay your debts and distribute your belongings according to your Will. The personal representative is not personally responsible for paying the debts of the estate out of his or her pocket. When deciding who to choose, the most important thing is to choose a person you trust, as well as a person who is willing to serve. Since this person may have to work with a lot of people in Alaska, it is recommended that the personal representative be a resident of Alaska. The law requires a personal representative to post a bond, unless the Will
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waives that requirement. A bond is basically an insurance policy that protects heirs if a personal representative mismanages the estate. Generally, we recommend that you waive the bond requirement for your personal representative, since the requirement can be expensive and bond can sometimes be difficult to secure.
Naming a Guardian
If you have a minor child, it is very important that you nominate an adult to be "legal guardian" in the event that you and the child’s other parent have both died. You and the other parent should discuss this matter and agree who should be the person to raise your child if something should happen to both of you. Before nominating someone as guardian, you should have a candid discussion with that person to be sure that they are willing and able to serve. In deciding who to name, consider such matters as your child’s needs, your cultural background, family traditions, the presence of extended family, and the financial resources available to assist the child.
IMPORTANT NOTE: By nominating a guardian for your child, you cannot strip the other biological parent of his or her parental rights. This is particularly important to remember in divorced households. The surviving parent has priority over the nominated guardian unless it can be proven that the surviving parent is unable, unwilling, or unfit to care for the child. Alaska has a very strong preference in keeping children with a biological parent.
Disposition of Your Final Remains
Your Will is the appropriate place to designate whether you want to be buried or cremated, as well as whether or not you wish to have a memorial service.
Signature, Witnessing, and Attestation Clauses
The law has very technical requirements as to how a Will should be signed, witnessed, and attested. It is best that you find a lawyer to help you with this, but you can do it on your own if you take special care to follow the directions exactly.
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You must sign your Will with at least two witnesses watching you sign. The witnesses must also sign the Will, and they should be sure to watch each other sign. In choosing your witnesses, you should select adults who are not mentioned in the Will. The only exception to this rule is when you have a handwritten Will (see page 11).
In Alaska, a Will may be simultaneously executed, witnessed, and made “self-proved”. A self-proved Will is a Will in which at least two witnesses took an oath, included in the Will, at the time the Will was signed, and in which both the witnesses' and the decedent's signatures were notarized by a qualified notary public. Although this is not required, it serves two very important functions. First, it dispenses with the need for witnesses to testify in court as to whether the execution procedures were properly carried. Secondly, it acts as a checklist of the requirements of due execution. In other words, this helps prove that your signature was authentic and that you signed your Will voluntarily. We strongly recommend that your Will include this self-proving clause. Please see Appendix G for the Self-Proving Form.
If you are an Alaska Native who owns or may eventually own an allotment, restricted townsite property, or reindeer, your Will has to meet special federal requirements which include a special self-proving affidavit. Please see page 52 In Appendix G for Trust Property Self-
Proving Form. In addition, you must satisfy the following special requirements:
1) You must be 18 when you make your Will;
2. Your witnesses cannot be a relative or be a beneficiary of your Will; and
3. You must include the special Self-Proving Affidavit for Trust Property.
Summary of Chapter 2
1.
An attorney is the best person to help you write your Will, but if no attorney is available you can write your own Will.
2.
Be sure to name all family members and provide a marital history.
3.
Describe in your Will what property you own.
4.
Describe what you want done with your property after your death.
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5.
Name someone to be your personal representative and list his or her address and telephone number. If you do not want the court to require the personal representative to put up a bond, you must say that he or she may serve without bond.
6.
Be sure to sign and date your Will and have two adults who are not named in the
Will witness (sign) and date it, unless it is a handwritten Will.
7.
It is best to add the self-proving clause and have your Will signed and dated before a notary.
8.
Put your original Will in a safe place.
9.
If you are Alaska Native, be sure you follow the special rules for protecting your property.
21

This chapter discusses issues of special interest to Alaskans. The first two sections discuss property issues affecting all Alaskans, and the remaining section discusses some unique issues.
Fishing Permits
Many commercial fisheries in the State of Alaska require a special “limited entry” permit in order to participate. Some of these permits can be quite valuable. Prices are set according to the free market. A limited entry fishing permit cannot be left to more than one person. The law will not allow the permit to be divided among your spouse and children. If you do not mention the permit in your Will, or if you have no Will, the permit will go to your spouse.
If you have no spouse, the permit will probably need to be sold unless you only have one heir or, if you have more than one heir, all of the heirs agree who should get the permit. Consequently, it is very important that you have a section in your Will naming the person who is to receive your fishing permit.
The federal government also has a limited entry program, called Individual Fishing
Quotas (IFQs). This is valuable property which can be distributed pursuant to your Will.
Special Considerations for Different Types of Property
Real Property
Under Alaska law, real property may be held in “tenancy by the entirety” or “tenancy in common”. A husband and wife holding title to real property hold it as “tenants by the entirety”.
This means that when one spouse dies, the other automatically becomes the sole owner.
People who are not married to each other can only be tenants in common with no automatic right to inherit from each other. People in that circumstance must use a Will to provide for inheritance of their share of the land.
22

Vehicles
In the case of cars, trucks, house trailers, and other vehicles, ownership may transfer to the person whose name is listed as co-owner on the title document. However, there has been some argument about this, so you should also provide for such property in your Will.
Bank Accounts
A bank account which you share with your spouse or someone else may go to that person automatically without a Will. Exactly how it works depends upon how the account was set up. Check with your bank if you are not sure what it will do with your accounts after your death and change your agreement if you do not like the one you have now.
Life Insurance
The proceeds of a life insurance policy on your life will go to the person you have named on the policy to receive that money ("beneficiary"). You cannot change the name of your life insurance beneficiary in your Will. You must contact your insurance company to make any changes on your insurance policy involving beneficiaries.
Property Issues for Alaska Natives
Special age and witnessing requirements
If you are an Alaska Native who owns or may eventually own an allotment, restricted townsite property, or reindeer, you must 1) be 18 years of age or older to make a Will, and 2) make sure that your witnesses are neither related to you nor benefit from your Will. If one of your witnesses is found to be an interested person, your Will is no good.
Special Self-Proving Affidavit
If you need to transfer trust or restricted property allotment, restricted townsite property, or reindeer, the affidavit to make a Will self-proving is slightly different. Please see page 52,
Appendix G for the necessary form.
Native Allotments, Restricted Townsite Lots, and other Restricted Property
If you own a Native allotment or a restricted townsite lot, this property should be mentioned in your Will. Unlike a limited entry fishing permit, allotments and townsite lots can
23

be left to more than one person. However, the “fractionalization” of restricted land is becoming a large problem in some areas. This happens when the owner of restricted property dies without a
Will and title is then divided amongst many different people. This can severely hamper efforts to manage or use the land, because all persons with an ownership interest in the property have a say as to how the property can be used and are entitled to be compensated for such use. Care should be taken to obtain a full listing of all restricted property an individual may own, since a person may have his own restricted property as well as inherited interests in a deceased relative’s property.
Federal Probate
If you have restricted property, your estate will be subject to both federal and state procedures. The BIA has a special procedure to probate all restricted property, while State law and procedures will govern non-restricted property.
Regional and village corporation stock
If you own stock in a regional or village corporation created under Alaska Native
Claims Settlement Act, you may contact the corporation for assistance in preparing a special document designating the beneficiaries of your stock. Since such documents only apply to Native shares, this document is no substitute for a Will that transfers the rest of your property. It is wise to repeat the gift of your stock in any Will you make. You can change your stock gift by making a Will that is different from your earlier plan for your stock.
24

Recognizing the importance of the nuclear family, the law provides special inheritance rights for spouses and children which can supersede the terms of your Will. These special inheritance rights are called 1) the elective share, 2) the homestead allowance, 3) exempt property allowance; and 4) the family allowance. The court will oversee the exercise of these special inheritance rights, which are summarized below. If you have specific questions of how these allowances work, you should contact an attorney.
The Elective Share
If you fail to include your spouse in your Will, or your spouse is not satisfied with what you left, he or she may choose the "elective share" (also known as the “forced share”). The elective share entitles him or her to 1/3 of your "augmented estate", no matter what your Will provides. Your "augmented estate" includes everything in your estate after your death, except the homestead allowance, exempt property, and family allowance. Determining exactly property is in your augmented estate can be a very complex process and usually requires the assistance of an attorney.
If special circumstances exist, your spouse can sign a statement giving up his or her right to the elective share. This can only be done after your spouse has been told, and understands, what he or she is giving up, and agrees to it in writing.
The Homestead Allowance
Your spouse is entitled to a homestead allowance of $27,000 from your estate. If your spouse has died, the allowance will be divided among your dependent minor children. The
25

allowance can be taken from the sale of land or personal property. If money or other general assets are available to pay the allowance, it will not be taken from items or gifts specifically mentioned in your Will. Otherwise, the homestead allowance will take priority over all other claims against the estate.
Exempt Property
In addition to the homestead allowance, your spouse (or your children, if you have no surviving spouse) is entitled to $10,000 worth of property from your household goods, motor vehicles, and personal effects. If $10,000 worth of personal property is unavailable, your surviving spouse (or children) is entitled to receive this amount from other property. If money or other general assets are available, this amount will not be taken from items or gifts specifically mentioned in your Will.
The Family Allowance
In addition to the homestead allowance and exempt property, your spouse and minor or dependent children are entitled to a reasonable allowance of money from the estate for their maintenance during the period of administration for up to one year. The maximum amount provided under this allowance is $18,000.
26

The Probate Process in Alaska
The legal process of settling a deceased’s person estate is called probate. In Alaska, a significant number of estates can be settled without any court involvement at all. Estates valued at less than $50,000, plus $100,000 worth of motor vehicles, can often avoid the probate process in court, provided the estate contains no real property.
If the estate needs to go through probate with court involvement, the process typically requires a determination by the Court as to whether the deceased left a valid Will and the appointment of a personal representative who can act on behalf of the estate.
The Role of the Personal Representative
The personal representative (also called the executor or administrator) is the person authorized by the court to act on behalf of the deceased's estate. In the context of a Will, the personal representative is the person whom you have named in your Will to distribute your property after your death. The personal representative is responsible for preparing an inventory of all the assets in the estate, notifying creditors, determining whether anyone is eligible for any of the exemptions provided in the law, paying bills and taxes, and distributing any assets that are left. The advice of an attorney may be useful at any one of these stages.
It is important that you choose the right person to be your personal representative. You should discuss with the person you intend to name whether he or she is comfortable in doing that job. You should name the personal representative in your Will and also name an alternate or a substitute. If the judge has to choose your personal representative, preference is given to your closest relatives. If none of your relatives is approved, then a creditor might be chosen to be the personal representative.
27

What Should the Personal Representative Do After You Die?
Upon notification of your death, the personal representative should contact an attorney as soon as possible. Usually he or she will contact the attorney who prepared the Will. If there is no Will, a family member should contact an attorney or the probate court. An attorney can review the situation and advise your personal representative as to how to proceed.
What Happens When There the Deceased’s Estate contains Federally Protected Native
Trust Property or ANCSA Corporation Stock?
There are special procedures involved when a person owning restricted Native property dies. The Bureau of Indian Affairs is responsible for determining how the restricted property is to be divided. The BIA has special judges who decide whether the deceased had a Will and whether it is valid or not. When a person owning restricted Native property dies, relatives should contact
BIA Realty or the appropriate local BIA subcontractor in order to start the probate process.
If the deceased owned Native corporation stock pursuant to the Alaska Native Claims
Settlement Act, the corporation is responsible for determining how the shares are to be distributed. Relatives should contact each corporation in order to start that process.
28

Advanced Directives
An advance directive is very different from a Will. Normally, an advance directive authorizes an agent to act on behalf of an individual. Two common advance directives in Alaska are known as a Power of Attorney and an Advance Health Care Directive . Typically, both of these advance directives are tools that allow a person to name another person to act on their behalf in the event that it becomes necessary. As the name indicates, the health care directive focuses exclusively upon medical decision making. It addresses topics typically found in a Living
Will, such as preferences regarding end-of-life treatment, pain control, feeding and breathing tubes, and organ donation. One the most important differences between a Will and an advance directive is that the terms of a Will do not become effective until after the person dies, whereas an advance directive expires upon the death of the person who signed it. Consequently, the authority of an agent holding a power of attorney expires upon the death of the principal, and he or she has no authority to act on behalf of the estate of the deceased person. Alaska Legal
Services has separate Power of Attorney and Advance Health Care Directive forms available at any of our offices.
Death Taxes
If you die in 2014, there are no federal estate taxes for estates under $5.34 million dollars. This amount is to be adjusted yearly to account for inflation. However, this issue has been a political football and more changes are likely no matter which party controls Congress or the Presidency. If your estate is sizeable, do yourself a favor and consult a lawyer rather than rely on this booklet to prepare a Will.
The State of Alaska has no estate tax.
29

1.
BACKGROUND INFORMATION
This first section asks for detailed information about your family and your background. Please answer each question completely. The laws regarding Wills can be complicated, and so every question is important. If you do not know the answer to a question, write " do not know " in the space for the answer.
What is your legal name, including any middle names:
2.
3.
Are you known by any nicknames?
Mailing Address:
If so, what are they?
7.
4.
Telephone:
5.
6.
Home No.
Date of Birth:
Where were you born?
Are you:
Single?
Work No.
Married?
Separated?_________ Widowed?________
Village No.
Divorced?____
8. If you have ever been married, list the NAMES of ALL spouses, the DATE of your
(a) marriages, whether or not you are STILL MARRIED to that person; and, if you're no longer married to that person, HOW the marriage ended (divorce, death, etc.,) and
WHEN the marriage ended.
Name of
Spouse
Date of
Marriage
Still
Married
How
Ended
When
Ended
(b)
(c)
(d)
30

9. If you are separated from your spouse, what is the name of your spouse and when did you become separated?
10. List the names of all persons you now support within your household and their relationship to you:
(a)
Name Relationship
(b)
(c)
(d)
(e)
(f)
(g)
(h)
11. If you provide support for someone outside your home, state his or her name, the amount you pay, and why you have to support that person:
(b)
12. List the names of all your LIVING children, including stepchildren, those by a prior marriage, and those you have adopted:
(a)
Name of
Child
Address of
Child
Date of
Birth
Natural,
Step or
Adopted
Single,
Married,
Divorced
(c)
(d)
(e)
(f)
(g)
31

13. List the names of all your children who have DIED, including those by a prior marriage, adopted, and step-children:
(a)
Name of
Child
Natural,
Step or
Adopted
Single,
Married,
Divorced
Date of
Death
(b)
(c)
(d)
14. If any of your children have died and left children who are now living (your grandchildren), list the names of those children and indicate who their parent was:
(a)
Name of Surviving
Grandchild
Name of Grandchild's
Deceased Parent Address (City&State)
(b)
(c)
(d)
(b)
(c)
15. List the names, birthdays and addresses of any grandchildren that you wish to give a
(a) portion of your property to:
Name and birthday Address (City&State)
Name of Their
Parent
(d)
(e)
(f)
(g)
32

16. Give the names of your parents and your brothers and sisters who are now living:
Name
(a) Your Father
(b) Your Mother
Date of
Birth
Address
(City & State)
(c) Brothers and Sisters
PROPERTY DISTRIBUTION
We now come to the important part of listing all of your real property that is owned by you alone or with someone else. Keep in mind that you can give each item to one person if you wish, or you can give it to several people to divide up. It is completely up to you. (The only thing that you cannot split up is a limited entry permit.) Also, you will need first and second choices just in case the person you list as your first choice dies before you or is not able to accept your gift at the time of your death.
Finally, you should remember that many types of accounts (e.g. some bank accounts, stock certificates, retirement accounts, and insurance policies) allow, or may even require, you to designate a beneficiary for that asset. If you have designated a beneficiary for a particular asset in the paperwork controlling that asset, you cannot change the name of your beneficiary in your
Will. The disbursement of these assets is controlled by the “contract terms” and cannot be changed by your Will. You must contact the insurance company, plan administrator, bank, or other appropriate entity to change the beneficiary.
17. Do you have any bank accounts , including checking, savings, credit union, certificates of deposit (CD’s) etc? account?
If so, what bank are they with
(include the name of bank and city) and how much money is currently in the
Kind of Account Name of Bank City & State Balance
33

________________________________________________________________________
________________________________________________________________________
For each account, please answer the following (add extra pages as necessary):
ACCOUNT #1
 What name(s) is on the account?

If more than one name is on the account, how is it titled – “and” “or” “payable on death” etc.
 List the name(s) of the people you want to give the money in the account to when you pass away:
 If this is an account governed by contract, are the people listed above the same people named as beneficiaries? (Note: If you answered no, you must contact the bank directly to change the way the account is set up.)
 If the account is not governed by contract, who would be your second choice?
ACCOUNT #2
 What name(s) is on the account?

If more than one name is on the account, how is it titled – “and” “or” “payable on death” etc.
 List the name(s) of the people you want to give the money in the account to when you pass away:
 Who would be your second choice?
34

If this is an account governed by contract, are the people listed above the same people named as beneficiaries? (Note: If you answered no, you must contact the bank directly to change the way the account is set up.)
18. Do you have any stocks, bonds, mutual funds, trading accounts , etc.?
If so, please identify and list the value.
Name of Holding/Account Location Current Market Value
For each account, please answer the following (add extra pages as necessary):
ACCOUNT #1
 What name(s) is on the account?

If more than one name is on the account, how is it titled – “and” “or” “payable on death” etc.

What is the account number?
 List the name(s) of the people you want to give the money in the account to when you pass away:
 If this is an account governed by contract, are the people listed above the same people named as beneficiaries? (Note: If you answered no, you must contact the brokerage directly to change the way the account is set up.)
 If the account is not governed by contract, who would be your second choice?
ACCOUNT #2
 What name(s) is on the account?

If more than one name is on the account, how is it titled – “and” “or” “payable on death” etc.
35


What is the account number?
 List the name(s) of the people you want to give the money in the account to when you pass away:
 If this is an account governed by contract, are the people listed above the same people named as beneficiaries? (Note: If you answered no, you must contact the bank directly to change the way the account is set up).
 If the account is not governed by contract, who would be your second choice?
19. Do you have a pension, 401(k), IRA, or other retirement accounts ?
If so, please list.
Kind of Account Administrator City & State Value
 What name(s) is on the account?
For each account, please answer the following (add extra pages as necessary):
ACCOUNT #1

If more than one name is on the account, how is it titled – “and” “or” “payable on death” etc.:
 List the name(s) of the people you want to give the money in the account to when you pass away:
 If the account is not governed by contract, who would be your second choice?
36

If this is an account governed by contract, are the people listed above the same people named as beneficiaries? (Note: If you answered no, you must contact the bank directly to change the way the account is set up).
 If this is a pension, please describe what benefit, if any, it provides to your spouse when you pass away:
ACCOUNT #2
 What name(s) is on the account?

If more than one name is on the account, how is it titled – “and” “or” “payable on death” etc.:_
 List the name(s) of the people you want to give the money in the account to when you pass away:
 If the account is not governed by contract, who would be your second choice?
If this is an account governed by contract, are the people listed above the same people named as beneficiaries? (Note: If you answered no, you must contact the bank directly to change the way the account is set up).
 If this is a pension, please describe what benefit, if any, it provides to your spouse when you pass away:
20. Do you own Alaska Native Claims Settlement Act (ANCSA) stock ? If so, what corporations: Regional: Village:
How many shares of stock do you own in each corporation:
Regional: Village:
37

Please list how you want to divide up your stock. Be sure to list a first and second choice, and give the city and state of where each beneficiary is from. You can use as many lines per person as you need.
Name of person to receive stock
& address
Stock from what Corporation
Number of shares
21.
Do you own your house ? ________ Are you buying one through HUD or the Housing
Authority? _______ Do you own any homes anywhere else? _______ Do you own any land anywhere? _______ If the answer to any of these questions is "yes," please answer the following for each piece of property, add extra pages if necessary.
PROPERTY #1
 Where is the land? Please try to give the legal description of the Track, Lot and
Block numbers, as well as the street names and village or city.
 In whose name(s) is the property?

If more than one name is on the property, how is it titled?
 What is the market value?
 How much did you buy it for?
 If there is currently a mortgage, how much is owed, and who holds the mortgage?
 Who do you want to have this property:
 Who would be your second choice?
38

PROPERTY #2
 Where is the land? Please try to give the legal description of the Track, Lot and
Block numbers, as well as the street names and village or city.
 Who would be your second choice?
22.
Have you applied for a Native Allotment ?
If so, where is it?
 In whose name(s) is the property?

If more than one name is on the property, how is it titled?
 What is the market value?
 How much did you buy it for?
 If there is currently a mortgage, how much is owed, and who holds the mortgage?
 Who do you want to have this property:
How many parcels?
How many acres?
What is the allotment number?
Has it been approved or denied yet?
Who do you want to give it to when you pass away?
Who is your second choice?
23.
Are you an heir to a Native Allotment ?
If so, where is it?
How many parcels?
How many acres?
What is the allotment number?
39

Has it been approved or denied yet?
Who do you want to give it to when you pass away?
Who is your second choice?
24. Do you own a Native allotment land that you received from someone else through BIA probate?
If so, where is it?
How many parcels?
How many acres?
What is the allotment number?
Has it been approved or denied yet?
Who do you want to give it to when you pass away?
Who is your second choice?
25.
Have you applied for a Townsite Lot ?
Is it restricted or nonrestricted?
If so, where is it? (location, acreage or description)
What is the number?
Has it been approved or denied yet?
Who do you want to give it to when you pass away?
Who is your second choice?
26.
Do you own a Townsite Lot that you got from someone else?
Is it restricted or nonrestricted?
If so, where is it? (location, acreage or description)
What is the number?
Has it been approved or denied yet?
Who do you want to give it to when you pass away?
Who is your second choice?
40

27. Do you have any life insurance ?_______ If so, what is the name of the company?
Who is listed as the beneficiary under the terms of the policy?
Is that who you want to give your insurance money to?
Who is your second choice?
Remember : You cannot change the name of your beneficiary in your Will. You must contact your insurance company to make any changes on your insurance policies involving beneficiaries. You may just want to list what types of insurance you have in your Will for the benefit of any surviving heirs.
28.
Do you own any planes, boats, skiffs, outboards, fishing gear, cars, trucks, fourwheelers, snowmobiles etc.? _______ If so, please describe them below. You can add pages if necessary, and use more than one line for each item.
Item Estimated value
Who is to receive it?
2 nd choice?
29. Do you own a Limited Entry Permit or Individual Fishing Quotas (IFQs) ?
Who do you want to give it to? (Remember only one person can own a permit):
Who is your second choice?
30. Do you own any rifles or any other guns ?_______ If so, describe them:
41

Who do you want to give them to?
Who is your second choice?
31.
Do you own any other personal property of value (traps, jewelry, family heirlooms, china, silver, antiques, etc.) that you wish to list and give to someone in particular?_______ If so, please describe your special things on the following page. You can add pages as
Item necessary.
Estimated value
Who is to receive it?
2 nd choice?
32. Is there any other property you wish to list? If so, please describe:
33. Finally, there should be a special section in your Will called a "residue" clause . This covers anything that you have not mentioned in your Will and any property that you may acquire in the future. You can give your "residue" to one person or divide it among several people. Who do you want to give your "residue" to?
______
Who is your second choice?
42

Miscellaneous Information
34. Please name the person you wish to serve as your personal representative (also called the executor) of your estate. The most important thing is to pick a person you trust. It is recommended that the personal representative be a resident of Alaska. What is the name, mailing address, and the relationship to you of your first choice as personal representative of your estate:
Who is your second choice?
35. If you have minor children, you should name an adult to be "legal guardian" to take care of them in the event that you and the child’s other parent have both died. You and the other parent should discuss this matter and agree between the two of you who should be the person to raise your children if something should happen to both of you. You should also talk with any person who would be a guardian to make sure they are willing to do it.
Please list the name, mailing address, and relationship of the adult person whom you desire to be the guardian of your children:
Who is your second choice?
36. Do you want to specify certain funeral arrangements (i.e. burial or cremation, type of ceremony etc.)?______ If so, please describe:
37. Have you ever made a Will before?
If so, when did you make that Will? _________________________________________
43

Who decides what happens to your body after your death (in order of preference).
1) Surviving Spouse,
2) An Adult Son or Daughter,
3) Either one of your Parents,
4) An adult Brother or Sister of yours,
5) Your Guardian at time of death, or,
6) Any other person authorized or under obligation to dispose of your body.
Where does your property go without a Will?
If you die without a Will, your property will be divided according to the laws of intestacy. These laws are intended to reflect what most people would want, keeping the property within the close family. In most instances, the laws of intestacy do not create a confusing situation, but in some circumstances things can get very confusing. If you have questions about this area, you should contact an attorney. Remember that these rules apply after allowances and bills are paid. Also, please note that the term "issue" refers to your children and grandchildren.
A. Surviving Spouse’s Share
1.
If no surviving parent or issue, or all of your surviving issue are also the descendants of your surviving spouse and there is no descendant of the surviving spouse unrelated to you, then all of your property goes to your surviving spouse.
2.
If your spouse outlives you, and you have no surviving issue but surviving parent(s), then your surviving spouse gets $200,000 plus 3/4 of the remaining balance.
3.
If your spouse outlives you and there are surviving issue (all of whom are the issue of your surviving spouse AND your surviving spouse does not
44

have issue unrelated to you) , then your surviving spouse gets $150,000 plus 1/2 of balance of the estate.
4.
If one or more of your surviving issue are not issue of your surviving spouse, then the surviving spouse gets $100,000 plus ½ the balance of the estate.
B. Children’s_Share
1. Any property which does not go to a surviving spouse passes in the following order to the individuals designated below who survive the decedent. a) To your children by representation; b) If you have no surviving children or grandchildren, to the your parents equally if both survive; c) If you have no surviving children, grandchildren, or parent, then to the descendants of your parents or either of them by representation; d) If you have no surviving children, grandchildren, no surviving parent, or surviving siblings, your property will be divided equally between the surviving relatives of both your maternal and paternal grandparents.
If you have no surviving relatives in the above categories, then your property will go to the State of Alaska. Restricted Native property follows federal law, which is slightly different.
You should contact an attorney if you have questions about this.
III. Who administers the estate (personal representative)
If you do not name a Personal Representative in your Will, the following persons have priority in administering your estate:
1.
Surviving spouse who receives a gift in your Will.
2.
3.
4.
5.
Other person who receives a gift in your Will.
Surviving spouse (no gift in Will).
Other adult survivors.
Any creditor, if more than 45 days have passed since your death and no probate has been started.
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Anchorage:
825 W. 4 th Ave.
Anchorage, Alaska 99501
(907) 264-0514
Barrow:
Box 270
Barrow, Alaska 99723
(907) 852-4800
Bethel:
Box 130
Bethel, Alaska 99559-0130
(907) 543-2298
Dillingham:
Box 909
Dillingham, AK 99576
(907) 842-5215
Fairbanks:
101 Lacey St.
Fairbanks, Alaska 99701
(907) 452-9277
Juneau:
P. O. Box 114100
Juneau, Alaska 99811-4100
(907) 463-4700
Kenai:
125 Trading Bay Drive
Suite 100
Kenai, Alaska 99611
(907) 283-3110
Ketchikan:
415 Main Street
Room 400
Ketchikan, Alaska 99901-6399
(907) 225-3195
Kodiak:
204 Mission Road, Room 124
Kodiak, Alaska 99615
(907) 486-1600
Kotzebue:
Box 317
Kotzebue, Alaska 99752-0317
(907) 442-3208
Nome:
Box 1110
Nome, Alaska 99762-1110
(907) 443-5216
Palmer:
435 S. Denali Street
Palmer, Alaska 99645
(907) 746-8181
Sitka:
304 Lake Street
Room 203
Sitka, Alaska 99835
(907) 747-3291
Valdez:
Box 127
Valdez, Alaska 99686-0127
(907) 835-2266
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Tlingit and Haida Central Council
320 W. Willoughby, Suite 300
Juneau, Alaska 99801-9983
586-1432
Association of Village Council Presidents
Attention: Realty
P.O. Box 347
Bethel, Alaska 99559
543-2134
Bureau of Indian Affairs
Attention: Realty (for North Slope Region)
Box 16
101 12th Avenue, Federal Building/Courthouse
Fairbanks, Alaska 99701
456-0361
Tanana Chiefs Council (for Fairbanks and the Interior)
122 First Avenue
Fairbanks, Alaska 99701
452-8251
Kawerak Inc.
Attention: Realty
P.O. Box 1108
Nome, Alaska 99762
443-2284
Bureau of Indian Affairs
Attention: Realty
1675 C Street
Anchorage, Alaska 99501-5198
271-4104
Bristol Bay Native Association
Realty Office
Box 310
Dillingham, AK 99576
842-5257
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AHTNA, INCORPORATED
P.O. Box 649
Glennallen, Alaska 99588
822-3476
ALEUT CORPORATION
4000 Old Seward Hwy Suite 300
Anchorage, Alaska 99503
561-4300
ARCTIC SLOPE REGIONAL CORP.
P.O. Box 129
Barrow, Alaska 99723
852-8633
BERING STRAITS REGIONAL CORP.
P.O. Box 1008
Nome, Alaska 99762
443-5252
BRISTOL BAY NATIVE CORPORATION
111 W. 16 th Ave. Suite 400
Anchorage, Alaska 99510
278-3602
CALISTA CORPORATION
301 Calista Court
Anchorage, Alaska 99518
279-5516
CHUGACH ALASKA CORPORATION
800 Centerpoint Dr. Suite 601
Anchorage, Alaska 99503
563-8866
COOK INLET REGION, INC.
P.O. Box 93330
Anchorage, Alaska 99503
274-8638
DOYON LIMITED
1 Doyon Place Suite 300
Fairbanks, Alaska 99701
459-2000
KONIAG, INC.
194 Alimaq Drive
Kodiak, Alaska 99615
486-2530
NANA REGIONAL CORPORATION
P.O. Box 49
Kotzebue, Alaska 99752
442-3301
SEALASKA CORPORATION
One Sealaska Plaza Suite 400
Juneau, Alaska 99801
586-1512
13TH REGIONAL CORPORATION
611 12 Ave. South Suite 300
Seattle, WA 98044-1911
877-774-7507
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Anchorage Law Office
Alaska Legal Services Corp.
1016 West Sixth Ave., Suite 200
Anchorage, Alaska 99501
(907) 272-9431
Ketchikan Law Office
306 Main Street
NBA Building #218
Ketchikan, Alaska 99901
(907) 225-6420
Bethel Law Office
Alaska Legal Services Corp.
P. O. Box 248
Bethel, Alaska 99559
(907) 543-2237
Dillingham Law Office
Alaska Legal Services Corp.
P. O. Box 176
Dillingham, Alaska 99576
(907) 842-1452
Kenai Law Office
P.O. Box 2463
100 Trading Bay Rd., Unit 5
Kenai, AK 99611
(907)-395-0352
Barrow Law Office
P. O. Box 351
Barrow, AK 99723
907-855-8998
Juneau Law Office
Alaska Legal Services Corp.
419 Sixth Street, Suite 322
Juneau, Alaska 99801
(907) 586-6425
Fairbanks Law Office
Alaska Legal Services Corp.
1648 Cushman, Ste. 300
Fairbanks, Alaska 99701
(907) 452-5181
Kotzebue Law Office
P.O. Box 526
Kotzebue, AK 99752
(907)-442-7737
Nome Law Office
Alaska Legal Services Corp.
P. O. Box 1429
Nome, Alaska 99762
(907) 443-2230
Palmer Law Office
P.O. Box 871
634 S. Bailey St., Suite 102
Palmer, AK 99645
(907)-746-4636
49

WILL OF
*
FIRST: I, *, born * and a resident of *, Alaska, declare this to be my will, revoking all prior wills and codicils.
SECOND: I am presently married to *. I was previously married to *, whom I divorced.
I have the following living children:
I have one deceased child; namely:
THIRD: I nominate _______________ of * as executor of this will, to serve without bond. If for any reason he/she should fail to qualify or otherwise cease to act as executor, I nominate ________________ of * as executor, to serve without bond. The term "my executor" as used in this will shall include any personal representative of my estate.
FOURTH: I make the following gifts of money or property:
1. I currently own a savings and checking account at the * Bank. I give any interest I may have in this account to *. In the event that he/she fails to survive me, I give such interest to
*.
2. I currently own a parcel of land and home located at * (more specifically described as insert legal description ). I give any interest I may have in this property to *. If she fails to survive me, I give such interest to *.
3. I give any shares that I may own in any regional or village corporation established under the Alaska Native Claims Settlement Act, or any benefits to which I may be entitled thereunder, to *. If she fails to survive me, I give such interest to *.
4. interest to *. to *.
5.
I give my 1983 Nissan pickup truck to *. If he fails to survive me, I give such
I give the residue of my estate to *. If she fails to survive me, I give such interest
FIFTH: For the purposes of this will, a person who is designated to receive a gift of real or personal property shall not be deemed to have survived me if that person dies within thirty days after my death.
SIXTH: I have purposely made no provision for any other persons, whether claiming to be an heir or not.
SEVENTH: It is my desire that I be cremated rather than buried and that my ashes be distributed as my personal representative sees fit.
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EIGHTH: If I should die and my husband/wife is not available to serve as the guardian of my children, I nominate * of * as the legal guardian of my children. If he/she is not available to serve in such capacity, I nominate * of * as the alternate legal guardian of my children.
51

A
Standard Self-Proving Affidavit - Add this self-proving clause to the end of your Will:
I, (your name), the testator, sign my name to this instrument this day of ,
20__ , and, being first sworn, declare to the undersigned authority that I sign and execute this instrument as my Will and that I sign it Willingly (or Willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes expressed in the Will, and that I am
18 years of age or older, of sound mind, and under no constraint or undue influence.
_______________________________________________
Testator (Print name of person making Will under signature)
We, _________________ and _________________, the witnesses, sign our names to this instrument, and being first sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as the testator’s Will and that the testator signs it
Willingly (or Willingly directs another to sign for the testator), and that each of us, in the presence and hearing of the testator, hereby signs this Will as witness to the testator's signing, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.
__________________________________________
Witness
__________________________________________
Witness
The State of Alaska )
) ss.
___________________Judicial District )
SUBSCRIBED, SWORN TO, and ACKNOWLEDGED before me by ________________, (your name) the testator and subscribed and sworn to before me by ____________________ and
_________________, witnesses, this ________ day of _______________, 20_____.
(SEAL)
__________________________________________
Notary's Signature
__________________________________________
Official Capacity of Officer
My commission expires: _______________________
52

Self-proving Affidavit for Native Restricted Property
A Will devising Native restricted property may, at the time of its execution, be made self-proved, thereby making the testimony of the witnesses in the probate unnecessary. This process is slightly different than what is required for non-restricted property, and it is best to get the assistance of an attorney. If you want to make your Will self-proved for restricted property, in addition to your signature and your witnesses’ signatures to the Will, you will need to attach the following affidavit. Remember, it must be executed at the same time as your Will. Please see the next page.
53

The State of Alaska
________ Judicial District
)
)
I, _____________________, being first duly sworn, on oath, depose and say: That I am an ____(enrolled or unenrolled) member of the _____________ Tribe of Indians in the State of
__________; that on the ___ day of ___________, 20___, I requested __________________ to prepare a Will for me; that the attached Will was prepared and I requested
______________________ and ____________________ to act as witnesses thereto; that I declared to said witnesses that said instrument was my last Will and testament; that I signed said
Will in the presence of both witnesses and they signed the same as witnesses in my presence and in the presence of each other; that said Will was read and explained to me (or read by me), after being prepared and before I signed it and it clearly and accurately expresses my wishes; that I
Willingly made and executed said Will as my free and voluntary act and deed for the purposes therein expressed; and that I am 21 years of age or older, of sound mind, and under no constraint or undue influence.
____________________________________
Testator
We __________________ and ___________________, each being first duly sworn, on oath, depose and state: That on the ____ day of _______________, 20___, ____________ a member of the ___________ Tribe of Indians of the State of ____________, published and declared the attached instrument to be his/her last Will and testament, signed the same in the presence of both of us and requested both of us to sign the same as witnesses; that we, in compliance with his/her request, signed the same as witnesses in his/her presence and in the presence of each other; that to the best of our knowledge said testator is 21 years of age or older, was not acting under duress, menace, fraud, or undue influence of any person, so far as we could ascertain, and in our opinion was mentally capable of disposing of all his/her estate by Will.
____________________________________
Witness
____________________________________
Witness
Subscribed and sworn to before me this ____ day of _____________, 20___, by
________________ (testator), and by ___________________ and ___________________ attesting witnesses.
(SEAL)
__________________________________________
Notary or Officer’s Signature
My commission expires: _______________________
54