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

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.

llow 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).