Detailed Answer
Under Alaska probate law, a personal representative must notify both known and unknown creditors—such as medical debt collectors—of the decedent’s estate. The key rules appear in AS 13.16.551.
1. Appointment of Personal Representative
Once the court appoints a personal representative (PR) and issues letters testamentary or of administration, the PR gains authority to manage estate assets and handle claims.
2. Publication Notice
The PR must publish a notice to creditors in a newspaper of general circulation in the judicial district where the decedent resided. Publish once a week for four consecutive weeks. The notice must include:
- The decedent’s full name and date of death
- Estate file number and court name
- PR’s name and mailing address
- Deadline for filing claims (4 months from first publication date)
3. Mailing Notice to Known Creditors
Within two months of appointment, the PR must mail printed notice to all known creditors. Known creditors include anyone who has presented a claim or whose debt the PR discovers from records—medical providers and collection agencies included.
4. Claim Deadline and Bar Date
Creditors must submit their claims to the PR within four months after the first date of publication. Any claim not filed by that bar date is forever barred, unless the PR grants an extension for good cause.
5. Special Considerations for Medical Debt Collectors
Medical debt collectors hold the same status as other creditors. If the PR knows of a pending hospital bill or collection demand, the PR must mail notice within the two-month window. Collectors who discover the estate via published notice must still file within the four-month period.
6. Proof of Notice
After completing publication, the PR files an affidavit of publication with the court showing dates and newspaper name. For mailed notices, the PR files proof of mailing—such as certified mail return receipts or a certificate of mailing.
Helpful Hints
- Compile a comprehensive list of potential creditors early, including all healthcare providers.
- Use certified or registered mail when sending notices to known creditors to secure proof of delivery.
- Verify that the selected newspaper has general circulation in the decedent’s residence district.
- Keep copies of all notices, affidavits of publication, and mailing proofs in the estate file.
- Calculate deadlines from the first date of publication, not the mailing date.
- Consider consulting a probate attorney for estates with numerous creditors or complex assets.