Detailed Answer
When a person dies, family or interested parties often need to know whether someone has opened a probate estate. In Alaska, a probate proceeding begins when an interested person files a petition for probate in the Superior Court of the decedent’s county of residence. See AS 13.16.010. Once the court clerk accepts the petition, the court assigns a case number and creates a public record.
Here are steps to determine if a probate estate has been opened:
- Gather key details: Obtain the decedent’s full legal name, date of death, and last known address.
- Search online case records: Use the Alaska Court System’s eAccess case search. Enter the decedent’s name to check for open or closed probate cases.
- Contact the county probate clerk: Call or visit the Superior Court clerk’s office in the decedent’s county. Provide the decedent’s details and ask for any probate files under that name.
- Review published notices: Alaska law requires notice of probate proceedings. See AS 13.16.020. Check local newspapers or online legal notice databases for relevant notices.
- Confirm filings: If you find a case number, request copies of the petition or docket sheet from the clerk’s office. These documents confirm the estate’s status and key dates.
Disclaimer: This article is for general informational purposes and does not constitute legal advice.
Helpful Hints
- Use variations of the decedent’s name, including middle initials.
- Search multiple counties if property or assets were located elsewhere.
- Ask if records are digital or require in-person review.
- Check both open and closed case listings to ensure no probate action has concluded.
- Keep detailed notes of clerk contacts and case numbers for future reference.