Alaska R. Prob. P. 5

As amended through September 19, 2024

Rule 5 - Deposit of Wills for Safekeeping and Acceptance

(a)Deposit of will. Upon the deposit of a will by the testator or the testator's agent for safekeeping in the superior court, the clerk or registrar in the probate division shall:

1. Require the testator or the testator's agent to sign an agreement setting forth the names and addresses of the person or persons to receive the will upon the death of the testator, and the clerk or registrar shall in turn sign a receipt for the will to be given to the testator or the testator's agent. If the agreement is signed by the testator's agent, the agent's written authorization from the testator to deposit the will with the court, or a copy of a general power of attorney of the agent from the testator, must be attached to the agreement. The agent shall provide the court with the address of the testator and the court shall mail a copy of the "Agreement and Receipt for Deposit of Will" to the testator. The agreement and receipt will be in Form and content substantially as follows:

AGREEMENT AND RECEIPT FOR DEPOSIT OF WILL

The purpose of depositing a Will with the court is to provide a safe place for the Will. It is not required by law that a Will be deposited with the court. The acceptance of a will for safekeeping by the court in no way ensures the validity of any provision contained in the will, nor does acceptance in any way enhance the force or effect of the Will.

AGREEMENT

I, the undersigned, deposit the Last Will and Testament of _________________ for safekeeping with the Superior Court of Alaska. I state that _______________, whose address __________________, is named personal representative in the Will and is designated to receive a copy of the Will upon testator's death and that _______________, whose address is __________________, is named alternate personal representative and is designated to receive a copy of the Will upon testator's death if the personal representative named above is unable to serve or receive the Will. The original Will shall be kept by the court for safekeeping until filed in an estate proceeding.

This Will is a confidential document before the testator dies and cannot be released except to the testator or someone with the testator's written authority without court order. After death, it becomes a matter of public record.

_________________________________

Date Testator/Agent

(Agent's authorization must be attached)

RECEIPT

I acknowledge receipt of the above mentioned Will for safekeeping.

* Attached is the agent's written authorization or general power of attorney from the testator as required by Probate Rule 5.

________________________________

(Date) Superior Court Clerk/Registrar

2. Assign a number to the will upon its deposit and shall maintain an alphabetical index to all wills on deposit.

3. Store the wills in a locked fireproof filing cabinet or safe.

4. During the lifetime of the testator, allow the will to be viewed by or released only to the testator upon showing of positive identification, or to the person to whom the testator has given the specific power in writing to receive or view the will, and who shall also be required to show positive identification. A conservator of the testator may examine the deposited will only after showing proper positive identification.

(b)Designated Persons to Accept Wills. The presiding judge for each judicial district may designate in writing those persons within the judicial district who may accept, for transmittal purposes only, wills to be deposited with the court for safekeeping. The designated person shall require the depositor to execute the agreement, shall issue the receipt as set out in Rule 5(a), and shall forward immediately to the clerk or the registrar of the superior court in the judicial district, by certified or registered mail, the will and the fee for deposit, together with the original of the agreement and receipt executed by the designated person and the depositor.

(c)Death of Testator. Upon notification of the death of the testator, the court shall contact the person designated to receive the will and mail a copy to that person. The original will must be kept on file as a public document and, when a probate case is opened on the decedent, the clerk shall place the will in the file. Upon written notification by another court that the original will is needed for filing in an estate, the original will must be transferred to the other court. A copy must be retained.

(d)Deposit of Wills by Guardians and Conservators. A guardian or conservator may deposit the will of a deceased ward or protected person with the court for safekeeping as required by AS 13.26.285(e).

Alaska R. Prob. P. 5

SCO 1014 effective 1/15/1990; amended by SCO 1062 effective 7/15/1991; and by SCO 1623 effective 10/15/2006