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Wills and estate planning in Alaska
Researched 2026-10-20 · confidence: high · 2026 figures
In plain words: in Alaska a will is valid when it's signed in front of 2 adult witnesses. There is no state estate tax. The federal estate tax exemption is $15,000,000 a person in 2026.
| Witnesses to a will | 2 |
|---|---|
| Handwritten (holographic) will | Recognised |
| Self-proving affidavit | Available |
| Electronic wills | Not allowed |
| Power of attorney | Notary |
| Health care directive | 2 witnesses or a notary |
| State estate tax | No |
| State inheritance tax | No |
| Community property | No |
| Age of majority / UTMA age | 18 / 21 |
Signing a will
Statute: AS 13.12.502.
Signing by an interested witness does not invalidate the will or any provision of it (AS 13.12.505(b)).
UPC state. A holographic will is valid if the signature and material portions are in the testator's handwriting (AS 13.12.502(b)). There is no notarized-will alternative; § 502(a)(3) requires two witnesses. No electronic-wills statute was found. Alaska has an OPT-IN community property system (Alaska Community Property Act, AS 34.77) that applies only to property in a written community property agreement or trust, so ask clients whether they have one. Probate courts sit in judicial districts; most of the state is organized into boroughs, not counties. UTMA: 21 for gifts and will/trust transfers, changeable to 18-25 (AS 13.46.190, .195); 18 for other transfers.
Power of attorney
Statute: AS 13.26.595 - 13.26.695.
Non-uniform Alaska statute, revised effective Jan 1, 2017. A POA executed in Alaska is valid only if the principal signs and acknowledges the signature before a notary (AS 13.26.600(a)). Statutory general POA form at AS 13.26.645 ("may execute ... substantially"), where powers are granted by initialing. Hot-power and gift rules were not separately verified.
Health care directive
Called: Advance Health Care Directive.
Statute: AS 13.52.010 et seq. (Health Care Decisions Act); optional form AS 13.52.300.
A witness cannot be the agent, a health care provider at the principal's facility, or an employee of the provider or facility, and at least one witness must be neither a relative nor entitled to part of the estate (AS 13.52.010(d)-(e)).
The two-witness-or-notary rule applies to the durable power of attorney for health care. The notary must be 'at a place in this state' (AS 13.52.010(b)(2)). An individual instruction may be oral or written (AS 13.52.010(a)), but witness it the same way as a precaution. No form published by a state agency was located.
If there's no will: what a spouse gets
The entire intestate estate, if all of the decedent's descendants are also the spouse's and the spouse has no other descendants; if the spouse has other descendants, the first $150,000 plus one-half of the balance (AS 13.12.102(a)(1)(B), (a)(3)).
A spouse's right to a share
One-third of the augmented estate, plus a $50,000 supplemental amount where applicable (AS 13.12.202).
Estate and inheritance tax
No state estate tax.
No inheritance tax.
Probate
Light. UPC informal probate is available. After 30 days, a small-estate affidavit can collect up to $50,000 of personal property plus up to $100,000 of registered vehicles if there is no probate real estate (AS 13.16.680); summary administration is under AS 13.16.690.
Money God drafts a Alaska will, power of attorney and health care directive from a short interview, then you send it to your attorney for review before signing.
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Researched from state statutes and official forms. Laws change; this page is information, not legal advice. Every Money God draft is reviewed by a licensed attorney in your state before you sign it.