How to Request and Schedule a Probate Hearing in Alaska When None Is Set | Alaska Probate

Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for personalized guidance.

Detailed Answer

When you file a probate petition under Alaska law, the court normally sets a hearing date. If no hearing is scheduled, you must request one. Follow these steps to get your probate hearing on the calendar.

1. Verify the Case Status

First, confirm that the court has not already set a hearing. Check the Alaska Court System’s online docket or call the probate clerk in the relevant Superior Court. Having the case number on hand speeds this process.

2. Draft a Motion to Set Hearing

Prepare a written motion titled “Motion to Set Probate Hearing.” Include:

The case name and number
The decedent’s full name
The type of hearing you seek (e.g., initial probate, creditor’s claims, final accounting)
Your proposed dates and times

Reference the statutory basis for scheduling. For example, Alaska Stat. §13.06.010 outlines petition requirements, and Alaska Stat. §13.06.020 covers notice of hearing. (See AS 13.06.010, AS 13.06.020.)

3. Serve Notice on Interested Parties

Under Alaska Stat. §13.06.050, you must serve the motion and any supporting documents on all heirs, beneficiaries, and other interested parties. Deliver notices by personal service or by mail at least 14 days before your proposed hearing date.

4. File the Motion and Proposed Order

File your motion, proof of service, and a proposed order with the probate clerk. In your proposed order, clearly state:

The date, time, and location for the hearing
Instructions for participation

5. Follow Up with the Court Clerk

One week after filing, contact the clerk to confirm the hearing date. Obtain a stamped copy of the court’s order setting the hearing and distribute it to all interested parties.

Helpful Hints

Review the Alaska Rules of Probate Procedure for detailed filing and service requirements.
File motions well in advance to avoid delays or scheduling conflicts.
Keep your proposed order concise, with clear headings and bullet points.
Retain proof of service—for every party, every time.
If you face unusual issues (e.g., contested claims), consider consulting a probate attorney.