Disclaimer: This article provides general information on Alaska probate law and does not constitute legal advice.
Detailed Answer
Overview
In Alaska, a personal representative (sometimes called an executor or administrator) oversees estate administration, pays debts, and distributes assets to heirs. See AS 13.16.010 for definitions and authority.
Eligibility and Priority
Under AS 13.16.020, the court appoints in this order: a person named in the will, surviving spouse, adult children, other heirs, and finally a creditor.
Step 1: Determine Probate Requirement
Probate is mandatory if the decedent owned real property or assets exceed statutory thresholds. Small estates may qualify for a simplified process under AS 13.16.700–.795.
Step 2: File Petition for Letters of Administration
File a petition in the superior court of the decedent’s residence. Submit the original will (if any), death certificate, and local court forms. Pay the required filing fee.
Step 3: Notice to Interested Parties
Alaska law requires mailed notice to heirs, devisees, and known creditors, plus published notice in a local paper. See AS 13.16.035. Creditors generally have three months from the mailed notice date to file claims.
Step 4: Court Hearing and Issuance of Letters
After notices and any objections, the court schedules a hearing. If no valid objection arises, the judge issues Letters Testamentary (with a will) or Letters of Administration (without a will). See AS 13.16.060.
Step 5: Posting Bond (If Required)
Unless the will waives it, the personal representative must post a surety bond. Bond requirements and exemptions appear in AS 13.16.070.
Typical Timeline
- Preparation & filing: 2–4 weeks.
- Notice period: at least 30 days for heirs and creditors.
- Creditors’ claim window: 3 months from notice.
- Hearing & issuance of Letters: 4–8 weeks after filing.
Helpful Hints
- Visit the Alaska Court System website for district-specific probate forms and fee schedules.
- Compile asset and debt inventories before filing your petition.
- Track and document each notice served and publication date.
- Missing a creditor notice deadline can delay estate closure.
- Consider Alaska’s simplified probate for small estates to reduce time and cost.