Detailed Answer
Alaska Statutes on Final Accounting
Under Alaska Statute AS 13.16.090, a personal representative must file a final accounting within six months of qualification or appointment. This accounting reports all receipts, disbursements, and distributions from the estate.
When and How to Request an Extension
Alaska Rules of Probate Procedure (ARPP) Rule 24 (ARPP 24) governs extensions of time. A personal representative may request additional time to prepare the final accounting by filing a motion before the initial deadline expires. The court may grant extensions for “good cause shown.”
Step-by-Step Procedure
- Draft a Motion for Extension: Title the document “Motion for Extension of Time to File Final Accounting.” Explain the reasons for delay and propose a new deadline.
- Attach a Proposed Order: Include an order the judge can sign to grant your request with the extended deadline (e.g., 30 or 60 days).
- Serve Notice on Interested Parties: Serve the motion and proposed order on all interested persons (beneficiaries, creditors) per ARPP Rule 5 (ARPP 5).
- File With the Court: Submit the motion and proposed order to the supervising probate court and pay any applicable filing fee.
- Demonstrate Good Cause: Provide specific facts that justify the extension, such as complex assets, missing documentation, or pending appraisals.
- Attend the Hearing (If Required): Be prepared to explain the need for more time if the court schedules a hearing.
What the Court Considers
The court evaluates whether the request is timely, whether notice was proper, and whether the reasons justify additional time. Courts typically grant modest extensions (30 60 days) unless circumstances warrant longer.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- File the motion well before the deadline to avoid defaulting.
- Attach any relevant documents 7appraisals or creditor communications—to support good cause.
- Review ARPP Rule 5 on service requirements to ensure proper notice.
- Check local court preferences; some judges grant unopposed extensions ex parte.
- Remember that failure to file a timely extension can risk removal as personal representative or a surcharge.