Disclaimer: This article is for educational purposes and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation.
Detailed Answer
Under Alaska law, the court appoints an administrator (personal representative) of an intestate estate based on a strict priority list. See AS 13.12.020. If you are not the highest-priority heir, you can move forward only after the higher-priority person renounces, is disqualified, or fails to qualify within the statutory window.
1. Understand the Priority List (AS 13.12.020)
Alaska Statute 13.12.020 establishes the order:
- Surviving spouse or adult interdependent partner
- Children
- Parents
- Siblings
- More remote relatives and then creditors
Link to AS 13.12.020: https://www.akleg.gov/basis/statutes.asp#13.12.020
2. Obtain a Written Renunciation (AS 13.12.012)
If the higher-priority heir declines to serve, they must sign and file a written renunciation. Once the court accepts that renunciation, you step into their place in the priority order.
Link to AS 13.12.012: https://www.akleg.gov/basis/statutes.asp#13.12.012
3. Check for Disqualification or Incompetence (AS 13.12.017)
The court may bypass an heir who is legally disqualified (e.g., under guardianship or convicted of abusing the decedent) or incompetent. You can petition the court to declare the heir disqualified under AS 13.12.017.
Link to AS 13.12.017: https://www.akleg.gov/basis/statutes.asp#13.12.017
4. File Your Petition
Prepare a probate petition in the Superior Court for the district where the decedent resided. Include:
- The full list of heirs and their relationship to the decedent
- A statement that the higher-priority heir has renounced, been disqualified, or failed to qualify within 30 days of proper notice (AS 13.12.020(c))
- Copies of any renunciation or court order on disqualification
5. Serve Notice and Obtain the Court Order
Serve notice of your petition on all interested parties and file proof of service. If no valid objections arise, the court will enter an order appointing you as administrator.
Helpful Hints
- Review AS 13.12.020’s full priority scheme before taking action.
- Ask the higher‐priority heir to sign a renunciation form promptly.
- File your petition and any renunciations quickly to avoid delay.
- Serve notice under Alaska Rule of Probate Procedure 4 and file proof of service.
- Keep detailed records of communications and filings to minimize disputes.
- Consider consulting a probate attorney if multiple heirs object or if disqualification issues arise.