Disclaimer: This article provides general information on Alaska probate law and is not legal advice. Always consult a qualified attorney licensed in Alaska for advice tailored to your situation.
Detailed Answer
Understanding the Role of an Estate Administrator
When someone dies without a will or the named executor cannot serve, the court appoints an estate administrator (also called a personal representative) to manage the estate. The administrator must gather assets, pay debts and taxes, and distribute property to heirs under Alaska Statute.
Grounds for Removal
Under Alaska law, any interested person may petition the court to remove an administrator who willfully fails to perform duties or engages in misconduct. The key statute is AS 13.16.090, which allows removal for:
- Willful failure to collect or preserve estate assets.
- Refusal or neglect in paying proper claims or distributing assets.
- Misconduct, fraud, or breach of fiduciary duty.
Steps to Petition for Removal
- Verify Standing: Confirm you qualify as an interested person (heir, beneficiary, creditor or party in interest).
- Gather Evidence: Document failures—missed deadlines, unfiled tax returns, missing assets, failure to communicate.
- File a Petition: Draft and file a petition for removal in the superior court where the estate is administered. Include factual allegations and cite AS 13.16.090.
- Provide Notice: Serve the petition on the administrator and all interested parties per Alaska Rules of Court.
- Attend Hearing: Present evidence at the hearing. The court may remove the administrator and appoint a successor or ask the administrator to post bond, correct deficiencies, or perform duties.
Possible Outcomes
If the court finds misconduct or neglect, it may:
- Remove the administrator entirely.
- Require the administrator to post bond.
- Appoint a successor administrator.
- Order accounting or repayment of misused funds.
Helpful Hints
- Review the probate notice in the local paper or court file to confirm deadlines.
- Keep detailed records of missed communications, filings, or asset inventories.
- Consider mediation with the administrator if communication breaks down before filing suit.
- Hire an attorney early to ensure proper pleading and service.
- Check Alaska Rules of Civil Procedure and Alaska Rules of Probate for procedural requirements.