Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer: Appointing an Administrator in Alaska Without a Will
When someone dies in Alaska without a valid will, they die “intestate.” The Alaska Superior Court then appoints an administrator (also called a personal representative) to manage the estate. This process follows Alaska Statutes Title 13, Chapters 12 and 16.
1. Determine Intestate Status
Under Alaska Statute AS 13.12.010, a decedent without a will has an intestate estate. The court applies state intestacy rules to distribute assets to heirs.
2. Identify Priority Heirs
Alaska Statute AS 13.16.100 sets a priority list for appointing an administrator:
- Surviving spouse;
- Adult children;
- Parents of the decedent;
- Adult siblings;
- Other next of kin;
- Any suitable person if no heirs qualify.
If multiple persons share the same priority (for example, two adult children), they may agree on one nominee. If they cannot agree, the court selects the most qualified.
3. File a Petition for Letters of Administration
You must file a petition in the Alaska Superior Court in the judicial district where the decedent lived. The petition should include:
- Certified copy of the death certificate;
- Names and addresses of all heirs;
- Approximate value of estate assets;
- Nomination of the proposed administrator.
The court clerk will assign a case number and schedule a hearing.
4. Serve Notice and Obtain a Bond
Alaska law requires notice to all heirs and interested parties. You must mail or hand-deliver notice of the hearing. If any heir cannot be located, you may need to publish notice in a local newspaper.
Most administrators must post a bond under AS 13.16.200. The bond protects the estate against mismanagement.
5. Court Hearing and Issuance of Letters
At the hearing, the judge reviews the petition, verifies notice, and decides if the nominee qualifies. If approved, the court signs an order and issues Letters of Administration. These letters grant legal authority to collect assets, pay debts, and distribute the estate according to AS 13.12.
6. Administer the Estate
Once appointed, the administrator must:
- Gather and inventory assets;
- Notify creditors and pay valid debts;
- File tax returns;
- Distribute remaining assets per intestacy rules;
- File a final accounting with the court.
The court may remove an administrator for cause under AS 13.16.410.
Helpful Hints for Intestate Administration in Alaska
- Obtain multiple certified copies of the death certificate early.
- Compile a full list of potential heirs with current addresses.
- Check local court deadlines for filing probate papers.
- Compare bond options and costs before petitioning.
- Keep detailed records of all estate transactions.
- Consult a probate attorney or experienced paralegal if the estate is complex.