Alaska: Securing and Inventoring a Deceased Person’s House Before You Are Appointed Administrator | Alaska Probate | FastCounsel
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Alaska: Securing and Inventoring a Deceased Person’s House Before You Are Appointed Administrator

Immediate steps to secure a decedent’s home and preserve estate property in Alaska

This FAQ-style guide explains practical, legally minded steps to secure a house, create an inventory, and limit siblings or others from removing belongings before you are appointed the estate’s administrator in Alaska. It assumes you are not yet the personal representative and starts from zero legal knowledge.

Detailed answer — what to do right now

1. Understand your legal position

Until the probate court issues letters appointing a personal representative (administrator or executor), you generally have no court-granted authority to take control of estate property. Alaska law governing probate and appointment proceedings is found in Title 13 of the Alaska Statutes (Probate, Trusts, and Fiduciary Relationships): Alaska Statutes, Title 13. For practical court information, see the Alaska Court System probate pages: Alaska Court System — Probate.

2. Secure the property without removing items

  1. Visit the property ASAP (safely). If you can, bring a neutral witness, such as another family member or a trusted friend, or document who you invite inside.
  2. Do not remove property unless you have authority. Removing items before appointment can create disputes and possible claims for conversion.
  3. Change or rekey exterior locks only if the decedent had no occupant with a legal right (for example, an unrelated tenant). If you do change locks, document why and how, and record the names of anyone with keys. When in doubt, consult the probate clerk or an attorney — changing locks can create conflict if another heir claims a present right to possession.
  4. Secure the premises against weather, pests, and obvious damage: shut windows, disable hazards, turn off utilities if necessary and safe to do so, and note those steps in writing.

3. Create a careful, timestamped inventory and record

  1. Photograph and videotape every room in a systematic order (front-to-back, left-to-right). Include wide shots and close-ups of valuable items (jewelry, electronics, heirlooms), serial numbers, and collections. Use a date/time stamp if your device has one.
  2. Make a written inventory. For each item or group, record: location in the house, brief description, approximate condition, and identifying details (brand, model, serial number). Note any items that appear obviously titled to a surviving spouse or joint-owner.
  3. Save digital copies and back them up (email a copy to yourself and another family member, or store in a cloud folder). Print one copy and keep it in a safe place outside the house.
  4. Ask witnesses to sign and date a short statement confirming they observed the inventory and photos. Witness statements strengthen future court proof.

4. Send a written preservation notice to siblings and potential heirs

Send a short, professional message (email and certified letter recommended) to siblings and other likely heirs that:

  • Identifies you and your relationship to the decedent.
  • States that the decedent died and that the estate is subject to probate.
  • Requests that recipients refrain from removing household items or personal property until the probate court appoints a personal representative or the parties otherwise agree.
  • Attach a copy of your inventory or summary and invite them to inspect jointly.

Keep proof of delivery for all notices (email receipts, certified mail tracking, etc.). A clear preservation request can be useful if later contested removals occur.

5. If someone removes property — immediate responses

  • Document what was removed: take photos of the area after removal, note who removed it (if known), and capture dates/times and witness names.
  • If you reasonably believe property was taken unlawfully, consider contacting the local police to file a report. Some removals may be civil (conversion) rather than criminal; police may treat the matter as a civil dispute depending on circumstances.
  • Do not try to forcibly recover items yourself. That can escalate the situation and create legal exposure.

6. Open a probate case as quickly as feasible

To obtain formal authority over estate property, file a petition for appointment of personal representative with the appropriate Alaska probate court. The court may issue letters of administration or letters testamentary that give legal authority to inventory, preserve, and manage estate assets. The Alaska Court System website explains local procedures and forms: Alaska Court System — Probate. The statutes governing probate procedure are in Title 13: Alaska Statutes, Title 13.

7. Ask the court for emergency help if property is at immediate risk

If you can show urgent risk (ongoing removal, destruction, or waste of assets), the court can act quickly. Options include asking the court to:

  • Expedite appointment of a temporary or permanent personal representative (letters that authorize control of the property).
  • Issue an order preserving property, including prohibiting removal by heirs pending further court order.

Talk to the probate clerk about emergency procedures and the documents the court typically wants (death certificate, list of heirs, and a short affidavit describing the risk).

8. If appointed, follow formal inventory and reporting rules

Once appointed, the personal representative must file inventories and accountings and follow Alaska probate rules and statutes. The probate court will direct the exact steps and deadlines. See Alaska Statutes Title 13 for fiduciary duties and inventory requirements: Alaska Statutes, Title 13.

Common legal concepts to know (plain language)

  • Personal representative (administrator/executor): the person the court appoints to manage and distribute estate assets.
  • Letters: court-issued documents that grant legal authority to act for the estate (often called “Letters of Administration” or “Letters Testamentary”).
  • Conversion: wrongful taking or withholding of property that belongs to another; heirs who remove property without authority risk civil claims.
  • Preservation notice: a written request to heirs asking them not to remove or dispose of property until the estate process is underway.

Helpful Hints

  • Act quickly, but carefully: prompt documentation is often more valuable than immediate physical control.
  • Use objective documentation: photos and witness statements are persuasive evidence to the court.
  • Keep all communication professional and in writing. Avoid heated confrontations with siblings — document instead.
  • Consult the probate clerk at the local court for forms and timelines before filing — they can explain filing steps and fees.
  • If affordable, consider hiring an attorney experienced in Alaska probate to file emergency petitions or to advise on complex disputes.
  • Keep originals of important estate papers (wills, deeds, titles) safe, and tell the court where the originals are located when you file a petition.
  • If items are jointly owned (joint tenancy or survivorship account), those items may pass outside probate — document the title and contact financial institutions with the death certificate.

Where to find the law and forms

Final practical checklist

  1. Visit and document: photos, video, written inventory.
  2. Secure the property against damage (not by removing items), with witnesses where possible.
  3. Send a written preservation notice to siblings/heirs.
  4. If items are removed, document and consider a police report while preserving civil remedies.
  5. File for appointment of personal representative with the probate court; ask the court for emergency relief if needed.

Disclaimer: This article provides general information about Alaska probate and practical steps to preserve estate property. It is not legal advice, does not create an attorney-client relationship, and may not reflect the most recent law or local court rules. For advice tailored to your situation, consult a licensed attorney in Alaska or contact the probate clerk at your local Alaska court.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.