Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified Alaska attorney for guidance on your specific situation.
Detailed Answer: Petition to Remove or Appoint a Personal Representative in Alaska
In Alaska, a personal representative (often called an executor or administrator) manages estate assets, pays debts and distributes property under Alaska Statutes Title 13 (Probates and Trusts). If a personal representative mishandles assets, interested parties may petition the court to remove that person and, if needed, appoint a successor. Below is an overview of the process under Alaska law.
1. Confirm Standing to Petition
Under Alaska Statute 13.16.230(b), only certain individuals may petition for removal:
- Beneficiaries entitled to distribution
- Creditors with valid claims
- Other interested parties (e.g., co-personal representatives)
2. Identify Grounds for Removal
Alaska Statute 13.16.235 lists removal grounds, including:
- Mishandling or wasting estate assets
- Failure to account after reasonable notice
- Conflict of interest that harms the estate
- Mental or physical incapacity to serve
Document specific examples of mishandling, such as unauthorized sales, lost funds or failure to invest conservatively.
3. Prepare and File the Petition
- Draft a written petition in compliance with the Alaska Rules for Probate Practice. Include: petitioner’s identity, decedent’s name, relationship to decedent, and detailed grounds for removal.
- File the petition at the probate clerk’s office in the district where the estate is pending.
- Pay the statutory filing fee (check the court’s current fee schedule).
- Serve a copy of the petition and notice of hearing on the personal representative and all interested parties under Rule 4 of the Alaska Rules of Civil Procedure.
4. Attend the Removal Hearing
The court schedules a hearing after service. At the hearing:
- Present evidence of asset mishandling (bank records, appraisals, correspondence).
- Offer witness testimony, if available.
- Reference Alaska Statute 13.16.235 (Removal of personal representative).
If the court finds clear and convincing evidence of wrongdoing, it may remove the personal representative.
5. Appointment of Successor Personal Representative
After removal, the court may appoint a successor under Alaska Statute 13.16.240 (Succession of personal representative). Factors the court considers:
- Priority of potential appointees (e.g., next of kin, beneficiary with highest priority).
- Willingness and ability to serve competently.
- Bond requirements, when applicable.
The court issues letters of appointment and may require a bond to protect estate assets.
Helpful Hints
- Gather detailed documentation of each alleged misdeed before filing.
- Keep copies of all filed papers and proof of service.
- Meet deadlines for filings and responses under Alaska Rule for Probate Practice 412.
- Consider mediation before a full hearing to resolve conflicts quickly.
- Consult an attorney if you face complex accounting issues or contested hearings.