Alaska Allows Pre-Validation of Wills

Alaska recently joined the few states that allow pre-mortem probate of wills. Those in fear of a will contest can now prove their will in probate before their death, rather than allowing the process to occur after their death. The law also allows people to prove the validity of a trust. Even non-residents are allowed to take advantage of the new law.

To use a typical pre-mortem process, the testator notifies friends and relatives of the contents of his/her will. These people have 120 days to challenge. If they fail to do so, they can no longer bring further contests.

The pre-mortem probate of wills may solve a few problems. First, will contestants will no longer dispute the intention of the testator because the testator will be available to testify. Second, the unreliably effective no-contest clause will not have to be relied upon.

See Alaska Latest State to Pre-Validate Wills, Financial Advisor, June 17, 2010.

Special thanks to Jim Hillhouse (WealthCounsel) for bringing this to my attention.