Detailed answer — how the process typically works in Alaska

When a personal representative (executor or administrator) files an accounting in a probate case, the court may review and enter an order allowing (approving) that accounting. An allowed accounting usually settles the representative’s conduct for the period covered, and beneficiaries who knew about the accounting and failed to object promptly have a weaker position later.

If more than a year has passed since the court allowed the accounting, a beneficiary or creditor still has several possible paths, depending on the circumstances:

1. Ask the court to set aside or reopen the allowance (relief from judgment/equitable relief).

   If the approved accounting was based on fraud, material misrepresentation, mistake, or concealment of assets, Alaska courts may allow reopening the probate record or setting aside the allowance. Relief can be requested under the court’s equitable powers and the rules that permit relief from final orders for reasons such as fraud or newly discovered evidence. See Alaska court rules for post-judgment relief and the probate statutes for the court’s continuing jurisdiction over administration matters (Alaska Statutes, Title 13 — Probate, Decedents’ Estates).

2. File a surcharge or accounting action against the personal representative.

   Even if an accounting was allowed, a beneficiary may petition for surcharge (money owed by the representative) or removal of the representative if there was misconduct, breach of fiduciary duty, or failure to account for assets. Courts can order the representative to repay funds, produce records, or be removed. Such actions may be brought as a probate proceeding or, in some cases, as a separate civil action.

3. Bring a civil claim for fraud or breach of fiduciary duty.

   If the representative committed fraud, converted assets, or breached duties, beneficiaries can sue the representative personally for damages. Statutes of limitation and procedural rules apply, so timing is critical. Concealment of wrongdoing can sometimes toll (pause) the limitations period.

4. Use new evidence to reopen the estate.

   Evidence discovered after the allowance that could not reasonably have been discovered earlier might support a motion to reopen or a motion for relief from the order allowing the accounting. The court will consider why the evidence was not discovered earlier and whether the new evidence would likely change the outcome.

5. Consider alternative remedies like removal, restitution, or surcharge.

   Even long after allowance, the court may remove a personal representative for misconduct, order restitution for misapplied assets, or require an amended accounting covering omitted periods or assets.

How to start — practical step-by-step

1. Get the probate file and all documents: Obtain certified copies of the accounting, the court’s allowance order, the estate inventory, bank statements, and any other records filed in the probate case.
2. Review the court order carefully: Note dates, the scope of the accounting covered by the allowance, and any language reserving the court’s rights.
3. Identify and document your grounds: Gather evidence of fraud, concealment, mistake, newly discovered assets, or any breach of fiduciary duty (communications, bank records, appraisals, receipts).
4. Consider a motion for relief or a petition to surcharge/reopen: With counsel or help from the court clerk, prepare a clear petition or motion explaining the legal basis (fraud, mistake, newly discovered evidence) and the requested relief.
5. File promptly: Even if the accounting was allowed more than a year ago, delays reduce likelihood of success. If concealment or fraud prevented earlier discovery, explain that to the court and provide supporting evidence.
6. Expect a hearing and possible discovery: The court may allow depositions, document subpoenas, and a full contested hearing before deciding whether to set aside the allowance or order relief.

Relevant Alaska authorities

Alaska probate and administration procedures are governed primarily by Title 13 of the Alaska Statutes. For the court’s procedural powers (including relief from judgments and post-judgment relief), see the Alaska Court Rules. Helpful starting links:

• Alaska Statutes, Title 13 — Probate, Decedents’ Estates (statutory framework for estate administration)
• Alaska Court System (rules and self-help resources) — consult the rules on post-judgment relief and local probate procedures

Important note on timing: There is no simple “one-size-fits-all” deadline that always prevents challenges after one year. Some claims are time-barred by statutes of limitation; others may be tolled by fraud or concealment. The court’s equitable powers and procedural rules can sometimes overcome ordinary deadlines in appropriate cases.

Helpful Hints

• Start by obtaining the complete probate file from the court clerk — the accounting, allowance order, inventory, and all filings.
• Document everything: bank records, emails, letters, receipts, and witness names and contact information.
• If you suspect fraud or concealment, move quickly. Courts are more receptive to reopening when the delay was caused by concealed wrongdoing.
• Ask the court clerk how to file a petition to reopen, a surcharge motion, or a petition for relief from judgment under the court rules.
• Keep in mind costs: contested probate matters can require discovery and litigation expenses. Ask the court about fee waivers or alternative dispute resolution where appropriate.
• Time limits vary by claim (probate petition vs. civil lawsuit). Do not assume a single timeline applies to every possible claim against a personal representative.
• Get legal help. A lawyer who practices probate law in Alaska can evaluate grounds for reopening and help prepare the strongest possible petition or motion.