Disclaimer: I am not a lawyer. This article is educational only and does not constitute legal advice. For specific legal guidance about your situation, contact a licensed Alaska attorney.
Detailed answer — What notice is required to notify heirs when opening probate in Alaska?
When someone dies in Alaska and you file a probate case (either to probate a will or to open administration for an intestate estate), Alaska law requires that interested people receive notice so they can participate. “Interested people” generally include the decedent’s heirs, devisees (people named in the will), and certain other parties (creditors, potential personal representatives, and others). The exact notice you must give depends on whether you know the persons entitled to notice and on whether the estate is intestate or testate.
Who must get personal notice?
You must give personal (direct) notice by mail to known heirs and devisees (those who would inherit under a will or under intestacy rules) and to any nominated personal representative who is not the petitioner. Personal notice means sending a copy of the probate petition (or application), a copy of the will if there is one, and information about any scheduled court hearing to the persons entitled to notice at their last known addresses.
In practice you should: identify all heirs, beneficiaries named in the will, and any nominated personal representative; prepare a list with current mailing addresses; and send them a copy of the petition and notice of any initial hearing. Keep proof of mailing (certified mail receipt, postal tracking, or a completed affidavit of mailing) because the court will want evidence that required notice was given.
What if an heir’s address is unknown?
If you cannot locate an heir or beneficiary after reasonable efforts, Alaska practice allows the court to approve substituted service such as: publication in a local newspaper, posting at the courthouse, or other methods the court directs. The court may require you to file an affidavit describing the efforts you made to find the person before allowing substituted or constructive notice.
Timing — When must notice be sent?
Personal notice should be sent promptly after you file the petition for probate or appointment of a personal representative. The probate rules and local court procedures set deadlines for how long recipients have to respond or object; commonly recipients have a limited time (for example, 30 days) after receipt of notice to file objections, but the exact time can vary depending on the type of filing and whether the notice was mailed or published. Check the court’s filing instructions for the local timeline and verify any statutory periods that apply.
Creditor notice and publication
Notices to creditors follow a different process. You normally publish notice to creditors so unknown creditors have an opportunity to present claims against the estate. The court’s forms and instructions set out the required form and frequency of publication. If creditors are known, you should mail direct notice to them as well.
Common documents used to provide notice
- Probate petition or application
- Copy of the decedent’s will (if probating a will)
- Notice of hearing (if a hearing is scheduled)
- Affidavit or certificate of mailing and proof of publication
Where to find Alaska law and court guidance
Alaska statutes and court guidance govern probate notice requirements. The Alaska Legislature’s statute pages and the Alaska Court System publish probate rules and forms. Helpful government pages include:
- Alaska Statutes — Alaska Statutes and session laws home: https://www.akleg.gov/basis/statutes.asp
- Alaska Court System — probate information and forms: https://courts.alaska.gov/probate/
Because statutes and local procedures change, you should consult the statutory provisions in Title 13 (Decedents’ Estates and Related Proceedings) and the Alaska Court System’s probate pages for the most current details.
Helpful Hints
- Start by making a careful list of heirs, beneficiaries, and any nominated personal representative with full names and last-known addresses.
- Use certified mail or tracked mail for important personal notices and keep the receipts. Courts often require proof of service.
- If an heir’s address is unknown, document your search efforts (phone calls, online searches, inquiries with relatives) and be prepared to ask the court for permission to use publication or other substitute notice.
- Send copies of the petition and the will (if any) to those entitled to notice so they understand what’s being asked of the court.
- Remember separate procedures for creditors—follow the court’s instructions for publication and for mailing notice to known creditors.
- Local court clerks can answer procedural questions about forms, filing fees, and required proofs of notice but cannot give legal advice.
- If an heir objects to the probate or to the appointment of a personal representative, they must usually file a written objection within the deadline described in the notice; consult an attorney if an objection arises.
If you want a checklist tailored to a specific probate petition (Will admitted to probate vs. intestate administration), or sample language for a mailing list and affidavit of mailing, consider contacting a licensed Alaska probate attorney or the probate clerk at the court handling the estate.