Detailed Answer
Under Alaska law, a minor (under 18 years old) cannot directly manage an inheritance or estate interest. To protect the minor’s property and legal rights, the court may appoint a guardian of the estate or a guardian ad litem. These appointments follow procedures outlined in Alaska Statutes Title 13, Chapter 26 (AS 13.26.020).
1. File a Petition for Guardianship of Property
An interested person—such as a parent, custodian, personal representative, or any party with a legal interest—must file a petition in the probate court in the district where the minor resides or where the estate is being probated. The petition must:
- Identify the minor and describe the estate assets;
- State why the minor cannot manage the property;
- Name the proposed guardian.
See AS 13.26.020.
2. Provide Notice and Appear at a Hearing
Alaska law requires notice of the hearing to:
- The minor’s parents or legal custodians;
- Any named executor or personal representative;
- Other interested persons (creditors, beneficiaries).
The court will schedule a hearing to evaluate the minor’s needs, the guardian’s qualifications, and any objections. See AS 13.26.030.
3. Appointment of Guardian of Property
If the court finds the appointment necessary and in the minor’s best interest, it will issue letters of guardianship. The guardian of property may collect income, invest funds, and pay expenses for the minor’s benefit. For detailed powers and duties, see AS 13.26.140.
4. Appointment of a Guardian ad Litem
In contested probate matters or litigation where the minor’s interests conflict with those of other parties, the court may appoint a guardian ad litem. This guardian represents the minor’s legal interests in court proceedings but does not manage assets long-term. See AS 13.26.205.
Helpful Hints
- Consult local probate court rules for filing fees and forms.
- Gather documentation: birth certificate, death certificate, estate inventory.
- Provide clear evidence of the minor’s financial needs and best interests.
- Be prepared to report to the court periodically on estate management.
- Consider bonding requirements—courts often require a guardian to post a bond to secure the minor’s assets.